Divorce is understandably a stressful time in anyone’s life. Apart from the major life change, there are legal matters to tend to as well and if you are not familiar with legal jargon it can be intimidating. Whether you anticipate a simple divorce or a complex one, you’ll need an experienced Riverside divorce attorney to help you navigate California laws and fight on your behalf to make sure you get the settlement you deserve.
FIGHTING FOR YOUR
Priorities in Divorce
At the Law Offices of Kathleen G. Alvarado, we offer over four decades of legal experience to assist you in divorce. We strive to provide a smooth experience that helps to decrease your stress. Our attorneys begin with an open and practical approach in your personal consultation. We work to understand your expectations and help you create attainable goals to meet those expectations in compliance with California law. We want you to walk away feeling confident and satisfied with your settlement or agreement. Fighting for your priorities is our number one goal! During our sessions, we will discuss the following important topics and how you wish to have each resolved.
Is It Worth Getting a Divorce Lawyer?
You might think that your soon-to-be former spouse is reasonable enough that the two of you can civilly negotiate your divorce without legal fees. However, it’s vital to understand the role an attorney can play in your divorce proceedings. A Riverside complex divorce lawyer will make sure you take full advantage of the benefits of collaborative divorce or mediation if possible and prepare you for litigation if necessary.
It is absolutely worth hiring legal counsel to represent you in your divorce, especially if your spouse has hired legal counsel of their own. Your attorney will ensure you meet all the procedural requirements your case demands, such as filing certain forms and documents with the court on time. Ultimately, you should consider hiring a Riverside divorce attorney as a solid investment in a successful outcome from your divorce case.
Divorce requires extensive evidence gathering, fact-finding, and various other legal demands that are very difficult to handle while also managing a job and personal life. Instead of shouldering all of your legal affairs on your own, choose a Riverside divorce attorney with the skills and resources to confidently guide you through your divorce case.
Is It Worth Getting a Divorce Lawyer?
You might think that your soon-to-be former spouse is reasonable enough that the two of you can civilly negotiate your divorce without legal fees. However, it’s vital to understand the role an attorney can play in your divorce proceedings. A Riverside complex divorce lawyer will make sure you take full advantage of the benefits of collaborative divorce or mediation if possible and prepare you for litigation if necessary.
It is absolutely worth hiring legal counsel to represent you in your divorce, especially if your spouse has hired legal counsel of their own. Your attorney will ensure you meet all the procedural requirements your case demands, such as filing certain forms and documents with the court on time. Ultimately, you should consider hiring a Riverside divorce attorney as a solid investment in a successful outcome from your divorce case.
Divorce requires extensive evidence gathering, fact-finding, and various other legal demands that are very difficult to handle while also managing a job and personal life. Instead of shouldering all of your legal affairs on your own, choose a Riverside divorce attorney with the skills and resources to confidently guide you through your divorce case.
What Makes a Good Divorce Attorney?
While it’s important to hire a Riverside divorce attorney as soon as possible once you have committed to divorce proceedings, it is equally important to avoid rushing your decision to hire legal counsel. Take time to develop a series of questions to ask a potential lawyer that will allow you to gauge their experience level and willingness to represent your case. Do not be afraid to ask an attorney for an honest, professional interpretation of your situation and the time they expect your case to reach a conclusion.
A good divorce attorney takes a client-focused approach to legal counsel, carefully examining the client’s lifestyle and how their divorce will alter it. A comprehensive approach to divorce representation also means assessing the client’s options for resolving the divorce. For example, many Riverside divorce attorneys encourage clients to pursue divorce mediation if possible to save time, money, and stress with a more personalized and private outcome.
What Do Lawyers Do in Divorce?
Your Riverside divorce attorney can provide several valuable professional services as you navigate your divorce case. First, your attorney can assist in drafting and filing your divorce petition or responding to a divorce petition filed by your spouse. Typically, this is the point at which divorcing couples decide whether to proceed with divorce litigation or attempt a private divorce settlement. At this juncture, an attorney’s job is to help the client understand the potential outcomes of each path and the obstacles and opportunities the client is likely to face as they proceed with the case.
Many divorce cases will involve fact-finding and discovery processes. This means the divorcing spouses and their legal representatives will gather evidence and documentation to ensure a fair and reasonable outcome. A Riverside complex divorce lawyer can be an especially valuable asset in the event a divorce case involves very complex issues, such as medical conditions, disabilities, domestic violence, or high net worth spouses with complicated investments. Ultimately, a Riverside divorce attorney handles their client’s legal affairs on the client’s behalf, provides regular updates about case proceedings, and helps the client better understand all of the legal processes involved in their divorce.
What Do Lawyers Do in Divorce?
Your Riverside divorce attorney can provide several valuable professional services as you navigate your divorce case. First, your attorney can assist in drafting and filing your divorce petition or responding to a divorce petition filed by your spouse. Typically, this is the point at which divorcing couples decide whether to proceed with divorce litigation or attempt a private divorce settlement. At this juncture, an attorney’s job is to help the client understand the potential outcomes of each path and the obstacles and opportunities the client is likely to face as they proceed with the case.
Many divorce cases will involve fact-finding and discovery processes. This means the divorcing spouses and their legal representatives will gather evidence and documentation to ensure a fair and reasonable outcome. A Riverside complex divorce lawyer can be an especially valuable asset in the event a divorce case involves very complex issues, such as medical conditions, disabilities, domestic violence, or high net worth spouses with complicated investments. Ultimately, a Riverside divorce attorney handles their client’s legal affairs on the client’s behalf, provides regular updates about case proceedings, and helps the client better understand all of the legal processes involved in their divorce.
What Are Some of the Factors in a Divorce Case?
Divorce is a complicated legal issue even for divorcing spouses who own minimal property and do not have children. California upholds several very strict laws concerning divorce and the elements that demand consideration in divorce proceedings:
Property Division
In California, property division is concerned with any property or income acquired jointly during your marriage. This includes property that can be bought or sold such as automobiles, recreational vehicles, equipment, etc. Property is also considered anything of value such as cash, retirement plans, bank accounts, businesses, etc. It is important to note that gifts and inheritances are not considered community property, but rather the sole property of the person they were given or passed down too. Unless otherwise agreed upon by both parties, California law by default views each party as being entitled to half of the community property.
Division of Debt
Debt accumulated during the marriage must be addressed in the divorce agreement. The state of California recognizes any debt that either party solely or jointly acquires during the marriage to be the equal responsibility of each party. This means that unless otherwise agreed upon, each person is responsible for half of the debt accumulated. This includes homes, vehicles, credit cards, loans, etc. Debts incurred by each party prior to the marriage remain the responsibility of the party who acquired them unless both parties agree to an alternate arrangement.
Retirement Asset Division
According to California’s community property laws, retirement plans you or your spouse are in possession of, such as 401(k)s and pensions (including military) are considered to be community property. However, the portion of retirement assets accumulated prior to the marriage is the sole property of the individual who acquired it and is not included as a part of the assets to be divided during the divorce settlement.
Child Custody and Parenting Time
The state of California takes child custody and visitation very seriously. The laws of California favor joint legal and physical custody when possible and when both parents are in agreement. However, parents are able to create their own parenting plan when it comes to physical and legal custody, so long as it is in accordance with state laws and both parents are in agreement. If parents are unable to come to an agreement, a judge will set custody and visitation in the best interest of the children. They do this by taking into account circumstances such as school, extracurricular activities, living arrangements, etc. The judges’ goal for minor children is to retain as stable of a life as possible both during the transition and after.
Child Support
Each parent is obligated to financially support minor children. According to California law, the income and resources of each parent along with the amount of custody each parent has of the minor children are the primary determining factors in determining the amount of child support.
Retirement Asset Division
According to California’s community property laws, retirement plans you or your spouse are in possession of, such as 401(k)s and pensions (including military) are considered to be community property. However, the portion of retirement assets accumulated prior to the marriage is the sole property of the individual who acquired it and is not included as a part of the assets to be divided during the divorce settlement.
Child Custody and Parenting Time
The state of California takes child custody and visitation very seriously. The laws of California favor joint legal and physical custody when possible and when both parents are in agreement. However, parents are able to create their own parenting plan when it comes to physical and legal custody, so long as it is in accordance with state laws and both parents are in agreement. If parents are unable to come to an agreement, a judge will set custody and visitation in the best interest of the children. They do this by taking into account circumstances such as school, extracurricular activities, living arrangements, etc. The judges’ goal for minor children is to retain as stable of a life as possible both during the transition and after.
Child Support
Each parent is obligated to financially support minor children. According to California law, the income and resources of each parent along with the amount of custody each parent has of the minor children are the primary determining factors in determining the amount of child support.
Spousal Support
Spousal support is not mandatory in the state of California. If both of you agree that neither of you wants alimony, then there is nothing further to discuss. However, if you are seeking spousal support, the courts will use numerous factors to determine the amount of spousal support that is fair. The courts will look at the standard of living that each party was accustomed to during the marriage as well as the ability to continue to support the standard of living based on the existing resources.
Thorough Process
Your case is not just another number to us. We will take the time to get to know you and your situation. Our attorneys will comprehensively work with you through each item to ensure that we understand your unique situation and what your priorities are. Once we clearly know your preferred terms, we will create a negotiation settlement proposal.
It is important to know that divorce settlements are flexible. You have the freedom to negotiate the terms of the agreement in order to arrive at a favorable outcome. It is possible to trade assets and make deals. For example, you may wish to trade your portion of the savings account to keep your spouse’s portion of the house. A judge will only step in when an agreement cannot be reached and both parties are in a deadlock.
How Can I Negotiate My Divorce?
A good attorney can assist you in coordinating divorce mediation, which will allow you and your spouse to privately discuss the terms of your divorce in a low-pressure environment under the guidance of a mediator. This mediator may not have any conflicts of interest that might favor either of the spouses and will help the couple draft their mediated divorce agreement. All divorce mediation requires is the willingness of both spouses to participate in constructive negotiations.
Divorce mediation can allow a couple to privately settle many divorce-related concerns on their own terms, but they cannot decide everything privately. If the couple has children together, the state must review their parenting plan and determine an appropriate custody and support arrangement that suits the child’s best interests. Most mediated divorce agreements must pass before a family court judge for final review.
How Can I Negotiate My Divorce?
A good attorney can assist you in coordinating divorce mediation, which will allow you and your spouse to privately discuss the terms of your divorce in a low-pressure environment under the guidance of a mediator. This mediator may not have any conflicts of interest that might favor either of the spouses and will help the couple draft their mediated divorce agreement. All divorce mediation requires is the willingness of both spouses to participate in constructive negotiations.
Divorce mediation can allow a couple to privately settle many divorce-related concerns on their own terms, but they cannot decide everything privately. If the couple has children together, the state must review their parenting plan and determine an appropriate custody and support arrangement that suits the child’s best interests. Most mediated divorce agreements must pass before a family court judge for final review.
What Are the Benefits of Divorce Mediation?
If you decide to explore alternative dispute resolution, your Riverside family law divorce attorney will likely encourage you to choose mediation. This process offers several advantages compared to conventional divorce litigation:
- Divorce mediation is entirely private. Nothing you say becomes public record, unlike a divorce litigated in court.
- You and your spouse have more control over the outcome of your divorce. Instead of leaving major decisions in the hands of a judge, mediation allows divorcing spouses to have more personal influence over the terms of their divorce.
- Mediation is far less expensive than litigation and only requires a fraction of the time.
It’s vital to consult a Riverside complex divorce lawyer if you think that alternative dispute resolution would be beneficial to you. Your attorney can provide you with individualized guidance as to what to expect from the process.
What Happens Once My Divorce Is Finalized?
Your Riverside divorce attorney will eventually help you secure your divorce settlement. After a California family court judge has approved your divorce decree, California upholds a mandatory six-month waiting period before the divorce is formally finalized. This waiting period intends to provide a final opportunity to reconcile. Once the waiting period is completed, the divorce is finalized. At this point, the couple is no longer married.
Recently divorced individuals need to remember that they may file post-judgment motions to modify their divorce agreements following the finalization of a divorce order. The court recognizes that life is unpredictable. Circumstances may change in a way that renders an existing divorce order obsolete. If this occurs, a family law attorney can potentially assist in the filing of a post-judgment motion and assist their client with the hearing and further proceedings that follow.
What Happens Once My Divorce Is Finalized?
Divorce attorneys can help you secure your divorce settlement. After a California family court judge has approved your divorce decree, California upholds a mandatory six-month waiting period before the divorce is formally finalized. This waiting period intends to provide a final opportunity to reconcile. Once the waiting period is completed, the divorce is finalized. At this point, the couple is no longer married.
Recently divorced individuals need to remember that they may file post-judgment motions to modify their divorce agreements following the finalization of a divorce order. The court recognizes that life is unpredictable. Circumstances may change in a way that renders an existing divorce order obsolete. If this occurs, your Riverside, CA divorce lawyer can potentially assist in the filing of a post-judgment motion and assist their client with the hearing and further proceedings that follow.
PERSONAL EXPERIENCE AND LEGAL GUIDANCE
Whether you are most concerned about child support, custody, retirement accounts, the house, or other property, we will devise a plan that focuses on your goals for the divorce settlement while staying within the realm of the law in Riverside County, CA.
Divorce can be an emotionally and financially exhausting process. Our experienced San Bernardino divorce attorneys provide individual, expert counsel to meet your goals and calm your anxieties about the divorce and process. We will never push your case aside for a quick settlement, as our number one priority is that you are happy with the end result. We are prepared to aggressively advocate on your behalf in the courtroom when it benefits your interests. After over 30 years of experience practicing law, attorney Kathleen G. Alvarado has the skill to assist you through even the most complex divorce litigation. Contact us today for a discreet, personal consultation of your case.
what
Our Customers Say
What a great office to work with! They take great care of their clients from start to finish. The attorneys are exceptionally knowledgeable and the staff is so friendly and organized. If you are looking for excellent representation after an injury I highly recommend you start with Kathleen.
I was represented by Kathleen and found her to be hard working, competent, while personally supportive. Her dedication to my case reflected a commitment to excellence that can only reflect a moral grounding.
Fast response, everything clearly explained. If I need legal advice in the future I will use this service again. They do what they advertise making legal issues simple. Recommended.
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