Choosing the Right San Diego Divorce Attorney May Be The Most Important Decision You Make In Your Divorce Case
Divorce is never easy on any level. It’s often a long, emotionally difficult process that you shouldn’t have to go through alone. That’s why choosing a dependable divorce attorney can make all the difference on how you reach the other side of this situation. That being said, it can be difficult for the average person to make it through the maze of legalese and list of selling points when searching for things like “divorce lawyers near me”.
We at Neumann Family Law, APC are different. Our San Diego divorce lawyers want to make this process seamless for both parties and assist you in coming to a resolution as quickly and effectively as possible. The world of family law can be difficult, and our San Diego divorce attorneys want to help you navigate it. We are responsive, receptive, and will work to get you what you need from your divorce proceeding. Our award-winning attorneys are passionate about our clients. You deserve to have your divorce sorted out by attorneys that care and know how to get results.
With our practice being founded in 1995, we have built a reputation for impactful resolutions for clients of all backgrounds. Our experience has given us the ability to navigate divorce and separation hearings of all types knowledgeably and effectively. Based in California, we are dedicated to divorce cases all across San Diego.
That all being said, the world of family court can be tricky to navigate. To make things easier, our team of experienced divorce lawyers have put together this informational guide that explains a little bit about what we do and what to expect from your proceeding.
What Do You Do as a San Diego Divorce Attorney?
As divorce attorneys, it is our job to guide one or both parties through the process of separation and rendering their marriage legally over. We deal within the civil court, the family court. We understand that this is a particularly tumultuous time in anyone’s life and treat every client with respect and an open ear. While it may seem like a divorce lawyer primarily deals in paperwork, we all need to understand the human element of marriage dissolvement. We want to make things as easy as possible for our clients, and that includes respecting boundaries and the emotional labor of divorce.
Naturally, there are many elements to be sorted out within any separation. Our San Diego divorce lawyers deal with many individual issues within the actual proceedings, including but not limited to:
- Custody and visitation including moving out of state
- High net worths in both parties
- Mediation and collaborative discourse.
- Division of Community Property, including marital residences, rental properties, business interests, stock rights, financial/stock accounts, and employment benefits
- Protection of separate property
- Pre-marital and post-marital agreements
- UCCJEA Issues
- Move-away request
- Child support and visitation rights
If you have any questions at all regarding what we do and how our San Diego divorce lawyers can help, don’t hesitate to give us a call. It’s our job to keep you knowledgeable about your options and rights throughout the entire process.
The Divorce Process
Essentially, a divorce is a legal proceeding that disbands a marriage. One spouse will file a Petition for Dissolution, the other spouse will file their Response. Within the proceeding, both parties are required to disclose information regarding income, assets, debts, and expenses. The only way after that to finalize a divorce is with an agreement reached in settlement mediation or litigation by going to trial.
Within many states, there is a waiting period before the divorce is finalized. There are many reasons for this. Courts want to give a reasonable time to allow both parties to reconcile, and there are plenty of affairs to get in order before separation is finalized. This includes court scheduling, getting finances in order, and coming to an agreement with custody rights. The waiting period to even qualify to ask for a divorce in California is six months but it can take significantly longer than this to finalize a divorce that is contested. Court dates in San Diego are not easily and quickly obtained unless in an emergency.
Facts about divorce you may find interesting:
- Around 50% of marriages end in divorce.
- In the US, most marriages last around 7 years.
- Arkansas has the highest divorce rate in the US according to a 2017 survey.
- Hawaii has the lowest.
- Russia has the highest divorce rate of any country.
- Lack of communication is often cited as a leading cause of divorce.
- The average age for a first divorce is around 30.
- Second marriages are more likely to fail than the first.
What Should I Know About Asset Division?
When a couple decides to separate, they most likely have assets that will have to be redistributed. At times, this is done between the divorcing parties, but if an agreement cannot be made, a court judge will assist in dividing assets. These include things such as bank accounts, stocks, mutual funds, homes, and businesses. Of course, debt is considered an asset, and may be distributed in a divorce. To determine the value of an asset, you may want to request an appraisal by an accountant. This is especially true of larger assets with varying value, such as boats, RVs, homes, and vehicles.
If, for whatever reason, you believe that your spouse may be hiding an asset from you, there is a legal process known as discovery that can help determine what and where they may be. This can involve asking your spouse directly via written questions or requesting that documents pertinent to the asset be produced. Once presented to the court, they will be distributed as any other asset.
What Should I Know About Alimony and Premarital Agreements?
Alimony (or spousal support) is the legal obligation for one spouse to provide financial support to the other after separation. To determine this, the court looks at the parties’ needs, assets, income, taxes, and earning potential.
In many cases, no alimony is awarded if both individuals are determined to be able to support themselves. Alimony can be terminated later if the spouse becomes able to support themselves.
Oftentimes, the distribution of assets in the case of divorce is determined beforehand by the couple by a signed premarital agreement. While many may see it as a way for the wealthy to protect their wealth, many can utilize a prenup for a variety of reasons. They can help determine financial rights, and even protect from debts.
What Options Are Available to Us Besides Traditional Divorce?
We understand that divorce isn’t always a one-size-fits-all solution for couples looking to separate. Depending on your situation (financially, emotionally, etc), you may want to explore other options besides a traditional divorce. Some common alternatives to divorce include legal separation, and annulment. Some basic things to know about these proceedings include:
- Annulment is the dissolvement of a relationship that was never valid to begin with. This is typically done in cases of bigamy or fraud that goes to the essence of the marriage.
- A legal separation is when, because of various reasons, a couple may wish to remain legally married but wish to legally part ways under court order. This is done for religious reasons, when a couple may want to reunite in the future or keep the legal benefits of marriage.
You can learn more about these particular types of separations on our general FAQ. Of course, you are welcome to call if you have any questions at all about your various options.
If you and your spouse wish to separate without litigating the issues such as child custody or property division, an uncontested divorce may be the right solution for you. For an uncontested divorce to be reached, both parties must agree to how the issues will be decided in their case.
Are You Looking For An Experienced Divorce Attorney That Can Get Results? Call Neumann Family Law, APC.
There is no denying that divorce can be messy and difficult for all parties involved. We are here to make it less complicated than it needs to be. We give you the tools you need to be successful and make informed decisions before, during, and after your proceeding, and will fight for your needs during the entire process.
You deserve someone in your corner, and Neumann Family Law, APC is here to fight for your family, property, and future. Call us today at (619) 282-1107 or visit our contact us page to learn more or to request a personalized case consultation. If you’d like to learn a bit more about our lawyers, feel free to visit this page. Please feel free to review our testimonials. We accept any and all questions.
