Riverside Divorce Attorney

Getting a divorce is one of the most emotionally trying and difficult things that a person can go through. This can make it difficult to think clearly and to make good decisions, meaning that an experienced attorney who has your best interests in mind is an invaluable tool to have. Our Riverside family law attorneys have the knowledge and the experience to help you through this difficult time and to look after your best interests.

The Process of Getting a Divorce

When seeking a divorce in California, there are many things that you need to keep in mind. California is a no-fault state, meaning that you can pursue a divorce for any reason at all. It is also a community property state, which means that all assets and debts owned or owed by either party will be divided equally unless a valid pre or post-nuptial agreement states otherwise. During the process, the court will make legally binding orders regarding the division of assets and debts, as well as child visitation rights and spousal support requirements.

To begin the process of getting a divorce, you must file a summons and a petition form at the local court. It is then the responsibility of the petitioner to serve the respondent with divorce papers. A Divorce Attorney can arrange to have these papers served for you, allowing you to avoid this stressful and emotional situation.

Once the papers have been served the respondent will have thirty days to file a response in court and the six-month waiting period will begin. At the end of the six-month waiting period, you will be able to divorce legally from your spouse.

If the respondent fails to file a response within the thirty-day time limit the divorce proceedings can go on without their input or cooperation. If you are served with divorce papers, it is imperative that you file a response to ensure that your best interests are considered during the proceedings.

Is a Divorce Lawyer Necessary?

Strictly speaking, hiring a lawyer is not required to pursue a divorce, but having one can help prevent costly oversights, as well as provide an emotional and mental grounding during the difficult process. If both parties can come to an agreement on a division of assets, debts, visitation, support payments, and all other aspects of their divorce, then there will only be minimal involvement from the courts. We can help with this type of situation as well as situations where negotiations have broken down and an amicable resolution is not possible.

Frequently Asked Questions

If the couple lives together, is one spouse required to move out to begin the divorce process?

There is no legal requirement that one spouse needs to move to begin the divorce process. In amicable separations, both parties may live together through the process while they get their affairs in order and prepare to return to single life.

Do we need to appear in court if we have agreed on all aspects of the divorce?

If both parties agree on all aspects of the divorce and have come to an agreement together or through mediation it is likely that you will not need to appear before a court at all. If you submit the agreement to the court and it is approved, no hearing is necessary.

If we have no children or property and were married for only a short time, is the waiting period still mandatory?

No matter the specifics of your marriage the six month waiting period between filing the paperwork and legal divorce is mandatory.

Can a divorce affect my immigration status?

Immigration law is complicated and seeking a divorce may or may not have an effect on your immigration status if you are not a citizen of the United Stated. If you are concerned about the effect of a divorce on your immigration status, be sure to speak with your Riverside Divorce Attorney, who will work to determine the specifics of your situation.

Is there an advantage of disadvantage to filing for divorce before my spouse?

There is no advantage or disadvantage to filing for divorce before your spouse so long as the respondent party files their paperwork within thirty days of being served with divorce papers.

What happens if my spouse does not want to “give me” a divorce?

In California, it is not necessary for both spouses to agree to a divorce, and the other party cannot block the divorce from occurring by refusing to cooperate during the process.

Divorce is an emotional and complicated process. If you need help going through a divorce, whether it is an amicable separation or not, a Riverside Divorce Attorney is here to help.