Divorcing in Fair Oaks, California

Years of Experience Protecting Families Throughout California

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Divorce
Spousal Support
Child Support
Death & Incapacity

Divorcing in Fair Oaks, California

Some Fair Oaks couples hold strong until one passes away. For others, the end of the marriage comes in the form of divorce. When most people marry, they commit to spending the rest of their lives together, and the law treats these couples accordingly. This makes marital dissolution one of the most emotionally and legally challenging relationships to end.

Our McCunn Law attorney has been working with divorcing partners to help them find amicable and unique solutions since 2007. We understand the fears and concerns couples face when it comes to financial and familial stability. Whether you want advice during a do-it-yourself divorce or want us to walk you through every step of the way, our lawyer is ready and fully equipped to serve you.

A California Divorce Lawyer You Can Trust Call (916) 827-3427

What Your Divorce Options Are

When married couples decide to go their separate ways, we offer three main options for them to do so. These choices allow us to scale our services to meet specific circumstances, budgets and needs.

DIY Divorce

Many California divorce attorneys might try to discourage you from pursuing a do-it-yourself divorce because this prevents them from charging the full cost for their services. At McCunn Law, we understand that some divorce situations are so delicate that people prefer to handle them on their own, and we support amicable solutions.

If you and your partner have already come to an agreement on how you wish to proceed, then we can provide you with the paperwork you need and inform you of the steps to take. From there, it’s usually a simple process of following through with the relevant court in Fair Oaks.

Mediated Divorce

If you and your partner could not arrive at a decision on your own, you might choose a mediated option. Note that even amicable divorcees often turn to mediation if the financial aspects are too complex for them to handle on their own. By involving professionals, you can feel more certain that both your rights are respected and protected.

During mediation, we work with your partner or attorney to arrive at a peaceful solution that meets the needs of both parties. From there, we can then proceed with filing the relevant paperwork. If your spouse cannot come to an amicable agreement with us, then we reserve the right to seek a judge’s decision.

Adversarial Divorce

Some divorces require a court’s involvement. In this instance, both DIY and mediation efforts may have failed. There are also instances where couples forego both of these options from the start because of the friction in the relationship between them. Here are some of the factors that might make an adversarial divorce more likely:

  • Domestic violence
  • Mental health
  • Substance abuse
  • Hidden assets
  • Child custody disagreements

How We Approach Divorce

Every relationship is unique. Subsequently, the factors involved in disentangling your lives are unique as well. Even so, there are some key factors that each successful divorce has in common. While the details may differ, here are the five general steps we follow to keep your divorce on track.

Step One: Open a Case

Filing for a divorce is the first big step. For many couples, especially those who have been married for 10 years or more, it is the hardest.

Step Two: Produce Disclosures

Both parties have 60 days to provide financial disclosures to California Courts. The specific court hearing the case uses the information to inform decisions related to spousal support, divorce settlements and child support.

Step Three: Determine Temporary Arrangements

We encourage couples to come to some agreement about how to handle things until the court makes a final decision. Temporary orders tackled in this step include the following:

  • Child support
  • Child custody or visitation
  • Spousal support
  • Domestic violence protection
  • Attorney fees

Step Four: Negotiate

There are several ways couples can negotiate the final arrangements for their post-divorce life. This might include mediation or litigation. When couples can come to amicable agreements, the process tends to be completed more quickly with fewer losses to both sides. Unfortunately, this is not always possible as the self-preservation instinct is strong during property division and can cause some people to become unreasonable.

Step Five: Implement the Judgments

Implementing the final judgment is the hardest step for some couples and the easiest for others. Some people quickly ease into a new rhythm and continue to cooperate. In other instances, some people might continue to resist even when final judgments are in place, forcing their exes to resort to additional measures to ensure follow-through.

Settle Your Divorce Dispute Now Call (916) 827-3427

What You Need To Know

As a California law firm, we have over 40 years of experience serving clients in Fair Oaks and the surrounding areas. During that time, we have noticed that most couples tend to ask many of the same questions. We’ve put together some of these and their answers for your convenience. Note that these are just general answers. Only an attorney can give you advice that applies accurately and directly to your specific situation.

What should I do to prepare myself for a divorce?

Divorce can take an emotional toll on people, even when they want to separate from their partners. Starting over alone can feel frightening, especially for dependent spouses who will now have less income. Because of this, many people start their divorce journeys by seeking therapy.

It’s also a good idea to start gathering and organizing all the information you need to proceed. Everything from bank statements to the title for the house might prove useful. If you have already informed your spouse that you want a divorce, they can also assist with this process. Consider your situation carefully before deciding if you wish to tell your spouse about your intention to divorce before or after gathering all the information you can.

When is it a good time to tell my spouse I want a divorce?

There is no easy answer to this question. There are certainly some instances when it might be best to wait until the very last minute to let a spouse know you mean to divorce them. For example, domestic violence survivors might want to ensure they get themselves and the children to safety and then serve the papers.

However, in most other instances, it is best to let your spouse know beforehand that you wish to get a divorce. Blindsiding them with divorce papers might lead to resentment and set divorce proceedings off to a rockier start than if you had given them some time to mentally prepare for a legal and permanent separation.

Who can serve the divorce papers?

You might feel surprised to learn that someone else needs to serve the papers. Generally, California Courts require someone unconnected with the case to do this. At McCunn Law, we can often recommend individuals for you to choose from, which often includes licensed process servers or even your own family members or friends.

One of the most important things to consider is your spouse’s reaction. If you suffered domestic abuse during the marriage or your spouse is now involved with an unpredictable and violent partner, it might be best to hire professionals to handle this process. Relying on family and friends, especially your adult children, could put them in danger and complicate things unnecessarily.

What if I don’t want to get a divorce?

There are many jurisdictions around the world that point out that it takes two to enter a marriage and should, therefore, take two to end it. California is not one such jurisdiction. It requires just one person to seek a divorce to get proceedings underway.

Even so, starting divorce proceedings does not mean you or your spouse are obligated to finish them. Here are some options you might consider:

  • Negotiating with your spouse to give the relationship another try
  • Negotiating with your spouse for a trial period of separation instead
  • Proposing individual therapy, joint therapy or both

How long do temporary orders last?

Some spouses decide to drag out the process for as long as possible in hopes that the temporary orders will expire and leave their exes at a disadvantage. This is not how temporary orders work. These orders are in place until another order replaces them, which are usually the final orders put in place by the court.

Most California divorces take around six months from the filing date to completion, provided that neither party feels committed to dragging out the process. If you do not yet have temporary orders in place or circumstances warrant a change, you can usually address this at any point during the divorce proceedings.

Contact a Fair Oaks Divorce Lawyer

If you are currently considering or going through a divorce, knowing you have access to the legal information you need can give you peace of mind. This is especially important for couples who believe they will not be able to come to peaceful solutions on their own. The good news is that we might be able to help no matter where you are in the divorce process, even if another attorney previously handled your case.

Give us a call at 916-675-3927 to schedule your consultation today. We look forward to helping you dissolve your marriage as quickly and easily as possible.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.