When a marriage is no longer working out despite putting your best foot forward, one or both partners may initiate a divorce petition to end the misery. The partner could be blindsided by an awful revelation such as infidelity, and the non-filing partner could be blindsided after being served with papers. Depending on the circumstances surrounding this marital demise, tensions can run high, and things get complicated very fast.
Even when both parties agree that severing ties is the best outcome for everyone, you cannot downplay the role of an experienced legal counsel at this tumultuous time. San Diego Divorce Attorney has handled many divorces ranging from high-profile marriages to the lesser-known clients. We are experts in this field and understand every aspect of divorce proceedings, and more importantly, we are ready to fight for your interests. Here are eight reasons why retaining a divorce attorney is essential.
Settle an Agreement Much Faster
Research estimates that 50% of marital unions don't last and for this reason, divorces are so pervasive that nearly every couple knows partners who ended their relationship. By the time couples decide getting a divorce is the only option left, they do not see eye to eye on many fronts such as how the union fared, whose fault led them here, who gets the kids, etc.
Things can be confusing as you try to prioritize raising children with minimal disruption, preparing for legal proceedings, and carrying on with work. A divorce attorney helps you come to an amicable settlement much sooner, so you don't spend too much time in-fighting. Remember, the sooner you get divorced, the better so everyone can move on and start getting used to the new way of life.
Finding common ground during settlement discussions is even more vital where young children are involved, so they don't suffer unnecessary anguish as parents keep bickering. Dr. Magdalena Battles, a psychologist, explains the dire effects of divorce on children starting with maladjustment occur, which affects 20% of kids who witness separations. The most prevalent issues children present during and after divorce are anxiety, physical aggression, substance abuse, behavioral problems, etc.
While these adverse outcomes don't always happen, the thought of harming your child albeit temporarily cannot make any parent feel good. You want to protect these impressionable minds from the harsh realities of a marital breakdown, so their lives carry on as healthy as possible. Hiring an experienced divorce attorney is the surest way of settling things out with your estranged spouse.
Protect your Legal Rights
With nearly 50% of marriages not making it for the long haul, divorce law has become a specialty, and we have perfected this field in every sense of the word. San Diego Divorce Attorney comprises of experts who have a wealth of experience with divorce law winning cases for clients so they can walk away happy. We know all the ins and outs of the California divorce process and keep abreast with the latest amendments to these laws.
You have legal rights as a wife or husband, and as a parent, and not understanding these rights is detrimental in legal proceedings. It is not atypical to see one spouse left paying huge alimony and child support even when they don't get enough time with children.
Beware of unfavorable parenting plans as one spouse seeks revenge by depriving the other parent of adequate time with kids even when they are young! They don't care about the importance of having both parents present in their kids' lives as they are hell-bent on acting out revenge. While the parents are focused on payback and using their kids as pawns, the children suffer emotionally, and this trauma could last a lifetime.
As your lawyers, we understand the rights of every partner during proceedings and afterward, and will do everything possible to ensure they are upheld. We listen to your concerns as a separated spouse and a parent who only wants the best outcome once the disillusionment is granted. When it comes to financial vigilance, you can trust us to get the fairest agreement as per your budget, thus saving you from paying excessive amounts.
Child Custody Arrangements
The state of California generally leans towards shared custodial arrangements, so children have access to both parents, but there are circumstances where one parent is granted full custody. The non-custodial parent gets visitation days, which can be time alone with the kids or supervised visits in the presence of a court-appointed agent like a social worker.
If you wish to be granted custody of the kids, you need to fill out a custody/ visitation order at the local court, and this depends on whether or not you have an active case with the family court. There are three kinds of documents you need to read and understand:
- Child Custody Information Sheet – Child Custody Mediation (Form FL-314-INFO)
- Child Custody Information Sheet – Recommending Counseling (Form FL-313-INFO)
- Child Custody and Visitation Orders (Form DV-105)
Safeguarding the interests of the kids takes center stage and even more so where domestic violence citations have occurred. The Centers for Disease Control and Prevention derives that more than 10% of the population is impacted by domestic violence, and this translates to roughly 32 million people and counting. Women are the most severely affected with one to three million reporting battery by a spouse or a domestic partner. In such a case, ask the judge for a temporary restraining order (TRO) to prevent the abusive partner from coming close to you and the kids.
We advise clients to start pursuing matters involving child custody and child support immediately they file a divorce petition or even before the actual filing. Divorce is not granted overnight, so you need to ask for a child support order, so the kids are taken care of as you wait for the final judgment. The court will set a specific date to deliberate on matters of child support, so the kids' welfare is not overlooked in the ensuing divorce hearings.
There are many factors to consider before or after filing for divorce, and you may not be privy to all processes that happen when deliberating child custody arrangements. We are here to inform and guide you, so the children are taken care of as divorce carries on for weeks or months. We have seen clients overwhelmed with emotions so much that thinking objectively is difficult in such unfortunate situations. A great family law attorney is empathetic but also sees the big picture, and he or she will advise you on how to proceed.
Study Legal Documents
Having a qualified divorce attorney by your side is helpful in many ways, like studying the legal documents that are served by the other side. Don't sign anything without having a lawyer go through these documents as they have serious legal implications that can impact how well things go.
A lawyer will keep track of all forms necessary for specific requests – such as the child custody orders discussed above – and just about any critical paperwork. If you are selling real estate to pay off debts or to ease asset distribution, there will be a ton of paperwork to consider. Not having a legal mind scrutinize the smallest details could cost you money, and you may notice these underhanded dealings too late.
If you are valuing the property before offloading it, the chances are that your spouse could undervalue assets in a bid to hide money, so they don't pay a fair settlement. San Diego Divorce Attorney works with trustworthy property consultants to get the accurate market value for all assets in question.
We shall also examine the financial statements to verify if they are accurate and question any anomalies therein. Hiding assets and liabilities is the oldest trick in divorce litigations, and we know how to identify inconsistencies that point to this uncouth behavior. If your spouse is acting in bad faith and submitting falsified documents, we shall report this to the judge, so they are ordered to be transparent.
These moves are frustrating, and spouses could be tempted to get on with it to get out of this misery but remember, your future depends on how well you handle things at this crucial stage. Trust us to work on the divorce meticulously, so nothing goes awry so that justice is served.
Your Attorney Can Mediate
Going through a divorce is hard, and it often brings out the worst in people. Your once-beloved wife or husband could be so angry that they are always plotting against you. They want to see you suffer the pain of damaging the marriage or daring to ask for a divorce even when their actions triggered it. Things get even more spiteful when one or more extramarital affairs caused the irreconcilable differences that led you to this point.
There is bad blood between the spouses, and these negative feelings take root, leading to angry exchanges that make conversations impossible. Communication during and after divorce is vital, especially if you share children, so it's best to have a mediator restore calm.
Amidst all this hatred, a level-headed person will effectively mediate critical items on the divorce list, so things come to a better conclusion. What happens to the kids? Who gets the house? What happened to the kids' college fund? These are some of the questions floating in your mind, and you may not like the responses – or lack thereof – for that matter.
Our lawyers have been inside boardrooms with angry spouses on either side and managed to calm the storm so people can reason. After all, you both want the best possible outcome and to save the kids from the unnecessary drama that could haunt them for life. Let us intervene on your behalf by ironing things out with the other legal counsel, so things move along more smoothly.
Families that don't have a vast financial endowment don't have the luxury of being out of work to attend to a failing marriage, even when the situation desperately calls for a pause. You have to continue working to contribute economically now and after the decree is granted. Proper arbitration alleviates a great deal of emotional stress so you can resume normalcy as proceedings follow.
Quicker Divorce Proceedings
As mentioned previously, a great divorce lawyer helps you iron out things quicker, so the family starts getting accustomed to the new life. Also, lengthy court battles come with more legal bills as you engage lawyers longer than you had initially anticipated. Whether you are the one paying alimony and child support or receiving these payments, going through a divorce is expensive. In the end, partners will take a financial hit that will affect their overall economic welfare.
Therefore, it is wise to keep a lid on the finances, and this starts with hiring the best lawyer to litigate the disillusionment in the quickest manner possible. Whatever budget you are working with, we shall advise you on what measures to take to keep the bills manageable, so the money lasts longer.
Parents usually feel sorry for putting the kids through the drama of a marital breakdown, and they engage in emotional spending. While treating the kids to a weekend camping trip is a noble idea, do not go overboard as such moves could drain the bank account. We shall examine your finances and advise you on how to allocate funds to keep the family running now and post-divorce.
Some naysayers claim you don't need a lawyer in a no-fault divorce, but as you can see thus far, the divorce system is involved with tons of rules and different paperwork to complete. Making a mistake at any stage could cost you in the settlement, and the adverse impacts may follow for many years to come. Don't gamble with your future; contact San Diego Divorce Attorney to speak to the best legal minds in the business.
Provide Comfort and Empathy
Apart from providing the best objective advice for your circumstances, clients going through a divorce are usually emotionally drained and could use the encouragement. We empathize with your situation and want things to go as smoothly as possible, and the healing process can begin.
We also prepare clients for the harsh realities of divorce, such as not getting the settlement amount they are seeking. Petty moves like your spouse demanding to have a sentimental piece of art that means a lot to you are inevitable, and sometimes letting go is better for your peace of mind.
California is a no-fault divorce state meaning the filing or non-filing spouse is not required to prove the other person did wrong. Most people merely cite "irreconcilable differences" as the reason for dissolving the union, meaning the couple is not getting along.
The main advantage of a no-fault divorce is avoiding protracted courtroom drama that is a commonality with separations where couples are busy mud-slinging each other. Nonetheless, these divorces mean the court will reward the wrongdoer, and it promotes a cycle of abuse. For instance, the abusive spouse is not held accountable for their actions during the union as there is no burden to prove wrongdoing. They could get shared custody of the kids, thus exposing them to more danger.
What's more, some people use a no-fault divorce to make a mockery of the marriage institution. They don't care about making things work such as attending couple's therapy, so they take the easy way out. You could have tried to make things work but couldn't save the marriage singlehandedly, and the other spouse served the papers. Our lawyers are empathetic with clients in these awful situations, and we offer a shoulder to lean on as you deal with the aftermath.
For Overall Better Outcomes
There are numerous reasons for hiring a divorce attorney, and from a broad perspective, they ensure there is fairness in every aspect. Both partners are looking out for themselves, so they retain the best legal minds in town. We work round the clock to ascertain that you are not taken advantage of when it comes to debt distribution, sharing assets, custody arrangements, etc.
Imagine accepting a quick and easy divorce only to realize much later that you were duped? This outcome could happen in several ways, such as inheriting an asset with substantial tax obligations that hurt you financially. Your spouse could do this intentionally to get back at you or merely taking advantage of your limited financial literacy.
Hiring a reputable attorney with a proven track record in navigating such tricky scenarios is the best investment you can make. Please let us help you get the fairest deal so you can walk away from this marriage in better shape than you expected.
Find a Divorce Attorney Near Me
Ending a marriage comes with a great deal of stress, expenses, not to mention the emotional cost where everyone is reeling from the ups and downs. The outcome could be devastating where you don't get the well-deserved settlement, and you could lose child custody. When the stakes are high, arm yourself with the best divorce attorney to hold your hand through the process. Contact our San Diego divorce lawyer at 858-529-5150, so we can handle this legal battle and provide solutions for your situation.