Folsom Divorce Attorney Looking Out for Your Interests

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Folsom Divorce Attorney Looking Out for Your Interests

When you are going through a divorce in Folsom, you already have enough stress and the last thing you want to do is deal with the difficult and confusing legal aspects. Whether you need complete legal representation or simply a guide through the process, the McCunn Law team is ready to stand by your side.

Our attorney, Drummond T. McCunn, has decades of experience protecting families in Folsom and providing stability in a situation where it seems like everything is changing. We can help you through the many ups and downs of the process with a legal point of view that has seen it all.

What we won’t do is push you around and demand things from you. Our approach is about giving you options and letting you take the lead. We can handle the application of California law and provide guidance, but only you know what your family needs in this challenging time.

Our solutions fit your unique needs. We can be an assistant or an aggressive litigator. It is up to you to decide the type of help you want and the level of involvement we have.

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

Take the Approach That Fits Your Budget

We understand that during a divorce, finances can be tight. However, you shouldn’t leave your legal rights on the table to save a few dollars. That is why we give you options in how you want your case to proceed.

Our lawyer takes a holistic project management approach to your situation, which allows you to have all the power to make decisions. You can shape your representation to fit your circumstances and your budget — you only pay for the services you need when you work with us.

Resolution options we offer include:

  • DIY
  • Alternate dispute resolution
  • Litigation

DIY

The do-it-yourself option lets you take the initiative. If you’ve reached an agreement with your spouse already, we can assist with the paperwork and other legal details to help you get a quick resolution through the Folsom court.

Alternative Dispute Resolution

Alternative dispute resolution is an option that allows you to use methods of resolving your case outside of court. ADR may work for your situation if you still need to have discussions to reach an agreement, but you feel that you can openly communicate and work together to reach a resolution.

We offer two ADR options: meditation and collaboration. Meditation uses a neutral third-party mediator who oversees your negotiations. He or she will help guide conversations and ensure that you stay focused on your goals. Collaboration involves you and your spouse sitting down with your own attorneys to reach an agreement. Your attorney will play a large role in facilitating conversations and assisting you with understanding what to do to reach a fair conclusion.

Litigation

Litigation means going to court. This may be the only option if your spouse refuses to cooperate and communicate. If you cannot reach a settlement outside of court, then you may need litigation. We will provide you with rigorous representation and a zealous attitude to fight for you and protect you throughout the process.

Putting Together a Fair Divorce Settlement

Your divorce settlement will have a few parts to it that cover important issues. The idea behind the settlement is to separate your lives. You will have some aspects that require creating an agreement to co-exist and work together. The focus of your settlement will include the following four areas:

  • Property division
  • Spousal support
  • Child support
  • Child custody and visitation

Property Division

When looking at property division, it requires taking all the assets you own and determining who will end up with what.  You also must figure out ownership rights under the law.

Since California is a community property state, any asset you or your spouse obtained during your marriage is going to be property that you must divide. The law says you each own half of any community property.

You also will need to account for separate property that you obtained prior to the marriage or since you filed for divorce. This also includes gifts and inheritances.

Property might also be a mixture of community and separate. This is where things can get complex; the commingling of separate property with marital property can lead to murky ownership rights. It will take investigation, research and plenty of work to determine how to divide commingled property.

While it may seem straightforward, you will soon discover that there are many complexities to property division. Unless you have a prenuptial agreement, you will have to wade through everything and agree on every point to finalize these decisions.

Our lawyer is knowledgeable and skilled in assisting with even the most difficult property division cases. He has handled dividing everything from businesses to retirement accounts to family homes. High-asset situations are also an area with which he is familiar.

With our guidance, you can figure things out quickly, avoid losing rightful assets, get a fair settlement and move along to the other aspects of your negotiations.

Spousal Support

California law allows for spousal support when one spouse has a financial need. The concept of support is to help provide for one spouse who may not have the means by which to provide for him or herself after the divorce.

If you want to request spousal support, you must prove you have a need. For example, you may show that you were a stay at home parent during the marriage for so long that you lack the education, training and skills to secure employment right away. Another situation that may require support is if you have serious health issues and cannot work.

When a Folsom judge makes spousal maintenance decisions, he or she also considers the standard of living during the marriage and what that standard may be for both parties after the marriage. If you have children, this comes into play because the court will want your children to have a similar standard of living at each home.

When negotiating your settlement, you will want to follow the general guidelines of the law, which your lawyer can explain to you. This will include ensuring that the support amount and terms are fair. It is essential to have proper legal guidance because the judge will have to sign off on your agreement and every aspect of it. If your spousal support portion is not in line with the law, the judge could reject it.

Child Custody and Visitation

When it comes to child custody, California law is very clear that it is always on the side of the children. If you end up litigating custody and visitation issues, the judge will not give much preference to what you want. Instead, he or she will focus on what is best for your children.

In reaching your settlement on these topics, you need to approach it in a way that will allow your children to have a meaningful relationship with both of you. Unless there are special circumstances, the ideal arrangement will provide equal or near equal time for the children to spend with each parent.

You must follow California laws when creating your parenting plan. Your attorney will explain the guidelines and assist you with figuring out how to shape a proper parenting plan that the court will accept.

Child Support

Child support is the financial obligation of each parent to provide for the children. You and your spouse must both provide for your children in a manner that is comparable to your financial situations.

The court uses guidelines to determine the amount of child support. You should be familiar with them because the court can reject your agreement if it is completely different than what the guidelines recommend.

In general, you should compare your situation with that of your spouse. You want to provide a similar level of financial care in both households. You also need to consider custody arrangements and the amount of time the children spend with each of you as this affects how much you each spend on child care.

Determining child support can be complicated. Your lawyer will serve as a valuable asset during these discussions. Remember, the court has to approve whatever you decide, and the Folsom court always sides with the children, so it’s imperative to be careful with your support decisions.

We Boil It Down to Five Steps

Divorce does not have to be complex. It does not have to leave you feeling confused or wondering what happens next. We want to put you at ease, so we created a five-step process that lets you know what will happen throughout the process.

Not only does our five-step process let you always know what to expect, but it also allows us to create a plan with budget projections. The roadmap of the process looks like this:

  • Step 1: File the case with the court
  • Step 2: File mandatory 60-day financial disclosures
  • Step 3: Set up temporary orders, if needed
  • Step 4: Negotiate or go to trial
  • Step 5: Put final judgments in place

We will provide specific budgets for each step so you have a clear financial plan in place. We also focus quite a bit on the second step because if we do the financial documents well, it can help lower your overall attorney costs and have a positive impact on the amount of property that you get in the end.

If you want to find out more about how our lawyer can provide you the care, attention and legal assistance you need for your Folsom divorce, please contact us. You can call 916-250-3840 or visit the McCunn Law website.

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.