Encinitas Divorce Attorney
You are not alone as someone going through a divorce in Encinitas. Thousands of couples in the US file for divorce every year. However, at the law firm of Ratzer|Dobis, we understand the importance of treating each couple with individual care and consideration. Each divorce case is unique and deserves one-on-one attention. We will listen to your needs and craft a tailored legal strategy on your behalf. Then, we will guide you through the divorce process to end your marriage with a resolution that matches your goals. Contact us today for a free divorce consultation in Encinitas from our family lawyers.
Why Choose Our Divorce Attorneys?
- We resolve every case as quickly and cost-effectively as possible for our clients.
- We have certified family law specialists. Family law is all we do.
- We will handle every aspect of a divorce, ensuring your fair treatment along the way.
- We take pride in providing a personalized experience to each client and family.
- We can take even the most complex divorce cases in Encinitas.
How Can a Divorce Attorney Help My Case?
A simple divorce case that does not involve high-value assets may not need a family law attorney, especially if you and your spouse can work together to achieve an uncontested divorce. If you run into any issues or potential problems, however, contact a family law office right away. An Encinitas family law and divorce attorney will have the knowledge and resources to assist you with a resolution. Our divorce lawyers can explain and protect your rights, help you settle divorce terms with your spouse, and assist you in avoiding court. An Encinitas family law lawyer could be the solution to cutting costs and resolving your divorce as quickly and privately as possible.
California Divorce Law Overview
The divorce laws in California can change how you and your spouse will handle your case. California is a no-fault divorce state, meaning the filing party will not have to prove the other person’s fault to get a divorce. You must meet the state’s residency requirement to file. You must have lived in California for at least six months prior to filing. California also has a mandatory waiting period. After you file the divorce petition, you and your spouse must wait at least six months for the courts to finalize the dissolution of marriage. When it comes to property division, California uses a community property law. Community property divorce laws mean the courts will split assets, properties and debts 50/50, regardless of the couple’s individual circumstances. In equitable division states, instead of a 50/50 split, the courts may assign a different percentage of community property to each spouse based on the facts of the case. The courts in California will not, however, touch separate property.
Do All Divorces Involve Spousal Support?
No, all divorces do not involve spousal support. Spousal/partner support in California is something a judge may grant as part of a divorce case or legal separation if the circumstances are appropriate for this order. To receive spousal support, you must specifically request it from a judge during your divorce case. In general, a judge will grant a request for spousal or partner support if the requesting person meets the eligibility requirements. To be eligible for spousal support in California, you must show that you do not have the means to earn enough money to maintain the standard of living you were used to during your marriage. This could be due to a lack of education or job experience from giving them up to raise a family. If a judge grants your spousal support request, he or she will determine a final order amount based on factors unique to your relationship.
- The length of your marriage or partnership
- The standard of living enjoyed by both partners
- How much each person is able to make after a divorce or separation
- Whether having custody of a child will impact one spouse’s ability to work
- Whether one spouse gave up a job to raise children
- Whether one spouse enabled the other to get an education or career
- The presence of domestic violence, if any
- The amount of debts and property acquired by the couple
- Each spouse’s age and health
- The tax impact of a spousal support order
You can request temporary and/or permanent spousal support during a divorce case in Encinitas. A temporary support order will go into place before the finalization of your divorce to help you pay for the costs of living while separated from your spouse. Once a judge signs off on your divorce decree, he or she may either end your temporary spousal support order or make it long-term. Discuss your potential eligibility for spousal support or how much you may have to pay your spouse in alimony with our family law attorneys today for more information.
How Long Do Divorce Cases Take in Encinitas, CA?
It is normal to want your divorce to be over as quickly as possible. Once a judge finalizes your divorce, you can move on with your new life. A long, drawn-out divorce process can also mean more money in legal fees. In California, however, no divorce can take place faster than six months. California’s mandatory waiting period is six months from the date of filing the divorce paperwork. Even if you and your spouse work out a settlement sooner than six months, California law requires you to complete the six-month waiting period before a judge will finalize the divorce. The waiting period is meant to prevent couples from quickly getting divorced and then reversing the decision after reconciling. The courts give couples six months to make sure divorce is what they really want. The waiting period also allows a couple enough time to work out a settlement agreement, reducing the odds of the case going to court. This helps keep the civil court system in California efficient. After you or your spouse file for divorce in Encinitas, expect your divorce case to take at least six months. It may take longer than six months to resolve your case, however, if you run into complications. If you and your spouse cannot work together on the terms of your divorce, you may not be able to achieve a settlement agreement. You will have to go to court to resolve the case instead. Depending on how busy the family court is in your county, getting a court date could take months. Avoiding a trial is the number one way to reduce the amount of time it will take to complete your divorce case in Encinitas.
Do I Have to Go to Court for a Divorce?
In California, a couple will always have the option of avoiding court by working together and achieving a divorce settlement. A settlement is an agreement between the spouses about the terms of the divorce, such as child custody, child support, property division and alimony. If you and your spouse can settle, with or without assistance from a divorce lawyer in Encinitas, you can typically avoid going to court. If you wish to avoid a divorce trial, consider alternative dispute resolution options such as family law mediation or arbitration. Family law mediation involves a mediator to help facilitate compromises between you and your spouse. Arbitration leaves divorce decisions up to an unbiased third party, but you and your spouse will have the option to accept or deny the resolution offered.
Contact an Encinitas, CA Divorce Attorney Today
Hiring an Encinitas attorney that specializes in family law and divorce can help you with every aspect of your case. An Encinitas divorce lawyer can walk you through your rights and help you protect them during negotiations and/or a trial against your spouse. Discuss how we can improve the outcome of your divorce case – and provide peace of mind in the meantime – with a free initial consultation near you. Call our Encinitas divorce attorneys at (858) 793-7700 or reach out to us for a free consultation through our online contact form. Our law offices are located in coastal North County San Diego.