Divorce Lawyer in Cardiff-by-the-Sea, CA
Going through a divorce is one of the more stressful processes in life, whether yours was anticipated for some time or was a complete shock. Now begins the task of separating your life from your partner’s, which can be difficult no matter how long you were married.
At Ratzer | Dobis, we provide cost-effective divorce representation for clients throughout Cardiff-by-the-Sea, CA. We understand the complexities of the divorce process and how California law applies to these matters.
Our attorneys are here to help you find a better tomorrow. Contact our divorce lawyers in Cardiff-by-the-Sea today for a consultation.
Grounds for Filing for Divorce in California
Before you can initiate a divorce in California, you must ensure that you meet the state’s guidelines. California is a no-fault divorce state, which means you do not need a specific to file for divorce. The state recognizes two grounds:
- Irreconcilable differences, meaning the marriage has broken down and cannot be repaired
- Permanent legal capacity, meaning one spouse lacks the capacity for legal decision making
To cite the latter ground, you would need to provide competent medical or psychiatric testimony. The majority of couples cite irreconcilable differences for simplicity.
You will also need to meet California’s residency requirements. You or your spouse must have lived in the state for six months or longer and in the county of filing for three months or longer. If you recently moved to California or your spouse lives in a different state, check the residency requirements for those states and talk to our lawyers about how to proceed.
How California Law Approaches Property Division in Divorce
Property division involves dividing the married couple’s assets and debts according to California law. This process can become complicated quickly. You and your spouse may have different ideas about which assets you prefer to keep or what is technically considered “marital property.” Our attorneys can provide clarity and advocate for your interests.
California follows the community property rule for property division. This means that all property acquired by either spouse during the marriage is generally considered marital property, and the goal within divorce is to divide it equally. Meanwhile, assets acquired before the marriage or received as inheritance or gifts during the marriage are generally not subject to division.
Separate assets can easily become commingled during a marriage and be challenging to label or separate. Additionally, California law does not necessarily require all assets to be split in half; for example, one spouse might keep the family home, while the other keeps other assets worth a similar value.
If you and your spouse cannot agree on property division, we may recommend mediation to resolve your differences and avoid going to court. If mediation attempts are unsuccessful, our attorneys will represent your interests in front of a judge.
Navigating Child Custody in a Cardiff-by-the-Sea Divorce
If you and your spouse have children together, determining how you will split parenting time and child custody is another major task within the divorce process. Our divorce lawyers in Cardiff-by-the-Sea, CA, help clients navigate child custody discussions and agreements while prioritizing the interests of the child.
California law also prioritizes the child’s interests when making custody determinations. The law recognizes two types of custody:
- Legal custody: Which parent(s) have decision-making rights for the child’s healthcare, education, and welfare
- Physical custody: Who the child lives with the majority of the time
Parents can either share these types of custody, or one parent could be awarded sole custody.
Developing a parenting plan on your own can save you the stress and hassle of allowing the court to make the determination for you. Our divorce attorneys can advocate for your interests in mediation sessions and discussions with your spouse as you seek to find a mutually agreeable parenting plan.
When parents cannot determine parenting schedules on their own, the court steps in to make the determination for them. A judge would consider several factors to determine the right setup for the child on a case-by-case basis, such as:
- The child’s age
- The child’s health
- The child’s emotional ties to each parent
- Each parent’s ability to provide a stable home environment
Let our family law attorneys help you understand the child custody process and clearly dictate your interests in mediation, negotiations, and court hearings.
Spousal Support in Cardiff-by-the-Sea
California’s community property rule acknowledges that it is sometimes not reasonable to split a divorcing couple’s assets 50/50. Spousal support payments could help make up for one spouse’s deficit in their portion of the assets. It could also account for a significant disparity in income.
When one spouse makes significantly more than the other in the marriage, divorce can be particularly hard on the lower-earning spouse. These challenges also arise when one spouse stays home to take care of children, has been out of the workforce for some time, and is unable to return until the children are older.
California recognizes two types of spousal support:
- Temporary spousal support, which is an order for payments to a spouse before the end of the divorce case
- Long-term spousal support, which is a support order made at the end of a divorce case
The family courts in Cardiff-by-the-Sea consider a range of factors to determine whether one spouse is eligible to receive spousal support from their soon-to-be-ex partner, and if so, the appropriate amount and duration. If you are seeking spousal support or wish to refute your spouse’s requests for support, our divorce lawyers in Cardiff-by-the-Sea can assist you.
How California Approaches Child Support for Divorcing Parents
If one parent will have primary custody of the children after the divorce, the non-custodial parent will likely be required to pay child support. Support payments are calculated based on the parent’s income, the time they spend with the children, and other factors.
Child support may also be required if one partner earns significantly more than the other, even if both parents split custody relatively equally. Our divorce lawyers can help you understand your potential child support obligations or what to expect from your spouse during the divorce process.
Why Hire Us As Your Divorce Attorneys?
At Ratzer | Dobis, we have over 30 years of experience helping clients navigate divorce and legal separation in Cardiff-by-the-Sea. We understand the common and unique complexities that often arise during this process and are committed to providing the personalized attention clients need to feel more confident and hopeful.
Our boutique law firm offers cost-effective legal services and always prioritizes effective communication, two elements we believe are key in successful family law matters. With family law as our sole practice area, we can dedicate our full time and attention to helping clients navigate the issues that arise during the divorce process and ensure that we keep up with new legislation impacting Cardiff-by-the-Sea family courts.
Our attorneys, Jim Ratzer and Morgan Dobis, have received the designation of Family Law Specialists and are certified by the Board of Legal Specialization of the State Board of California. Fewer than 1% of California attorneys have this additional certification.
When you choose Ratzer | Dobis for your divorce, you can feel confident that we will listen to your concerns and advocate for your needs throughout the process.
Contact Ratzer | Dobis Today for a Legal Consultation
Whether you have just started the divorce process in Cardiff-by-the-Sea, are considering divorce, or have already begun, now is the time to retain an attorney to represent you. Ratzer | Dobis are your trusted divorce lawyers in Cardiff-by-the-Sea.
Request a free consultation today by calling 858-793-7700, then learn more about us.
Frequently Asked Questions
Do you need a lawyer to file for divorce in CA?
You do not legally need a lawyer to file for divorce in CA, but having one on your side can be incredibly helpful as you navigate the challenges that often arise during this process. Your lawyer can help you understand your rights and advocate for your interests. They can communicate with your spouse and their attorney on your behalf and keep the divorce process running smoothly. Ultimately, having an attorney could help you facilitate a faster, less stressful, and more effective divorce.
What does 50/50 mean in a divorce?
In a California divorce, “50/50” means the court attempts to generally divide marital property, assets, and debts equally between both spouses, or in a 50/50 split. However, this is not always reasonable, and the actual distribution can vary depending on the type of property and the circumstances of your divorce.
Can you and your spouse share one divorce attorney?
It is generally not advisable to share a divorce attorney with your spouse. You each should retain your own attorneys to ensure unbiased legal representation. If your spouse already has an attorney, reach out to our divorce lawyers in Cardiff-by-the-Sea, CA, for a consultation.
What assets cannot be split in a divorce in California?
Generally, property that was acquired before the marriage or that either partner received as a gift or inheritance during the marriage is considered “separate” and would not be split.