Roseville Divorce Attorney
Your Divorce Attorney in Roseville, California
During a California divorce, it is only natural to feel fearful of the road ahead and what the path might have in store for you. Roseville breadwinners especially may worry about losing to their exes half of what they worked so hard to build. Dependent spouses worry that the new tax laws regarding alimony may make it even more difficult to secure spousal support. They may also worry about the details of the custody arrangements.
At McCunn Law, we believe all your concerns are justified and important. We also find that when partners keep things amicable, there are better opportunities for compromise.
A California Divorce Lawyer You Can Trust Call (916) 773-6100
The Main Roseville Divorce Options Available to You
Each relationship is unique, which makes the divorce process unique as well. Even so, your Roseville divorce attorney at McCunn Law will recommend three main options. Many people find that they attempt all three approaches, but we try to ensure we recommend the one that is right for you.
Uncontested Divorce
Most divorcees dream of an uncontested divorce. It is usually the fastest, cheapest and easiest of all three options to pursue. The couple comes to a mutual agreement, signs the necessary paperwork and waits for the court to finalize the divorce. In cases like these, we find attorneys do not need to play a strong role, so we provide the paperwork, offer advice if you need it and then give you directions on how to proceed.
Represented Divorce
Unfortunately, not all couples can come to an easy agreement. The concerns highlighted above can cause the self-preservation instinct to kick in. When it does, people often become selfish and only focus on protecting their own personal interests. As well, if one partner does not agree with divorcing or does not wish to compromise, he or she can make things difficult out of pure spite. In this case, you need a divorce lawyer to represent your best interests, advise you and help present your case in court.
Mediation
When there are children involved, California courts generally require parents to attempt mediation before taking the case to court. Mediation involves hiring one neutral professional to hear both sides of the case and attempt to find a peaceful agreement. Both parties may also hire attorneys who represent their own interests. Sometimes, mediation does prove successful. However, we reserve the right to pursue an adversarial divorce if your partner remains uncooperative.
Important Things To Note About a California Divorce
Not everyone can get divorced in California. There are also specific idiosyncrasies and divorce laws in California that you should know before deciding if this is the right state to divorce in.
Grounds for Divorce
In some jurisdictions around the world, you have to make a solid case for why you wish to separate from your partner. Possible allegations that can end a marriage in these situations include infidelity or abuse. In contrast, California is a no-fault divorce state. Couples do not need to disclose why they wish to divorce beyond stating “irreconcilable differences.”
Residency Requirements
The primary reason not everyone can divorce in California is that the state may not yet consider someone a resident. Even if you recently bought a home and started a business in Roseville, you have only just begun the residency process. The Golden State generally requires a six-month wait period before it considers you an actual resident. If you are not a resident but your spouse is, then you can file for a divorce in California based on this.
Wait Periods
Many couples make it to the verge of divorce only to decide to work it out in the end. In fact, people often go through a divorce only to remarry in the future. Because of this, most states have a waiting period of 30 days or more to give couples time to cool off. In California, the wait period is six months. At the end of this period, provided there are no further legal disputes between the couple or in the courtroom, the courts finalize the divorce.
Settle Your Divorce Dispute Now Call (916) 773-6100
Frequently Asked Questions
The best person to get answers from for your case is your McCunn Law divorce attorney. However, sometimes a general answer can point you in the right direction. Here are answers to some of the most common questions we get from Roseville divorcees.
Does fault play a role at all?
While California is a no-fault state and couples do not need to name the reasons the marriage ended, many do. Partners can allege abuse, domestic violence or neglect. The court may not use this information to decide on granting a divorce, but it may use it to decide other details of the case, such as child custody or spousal support.
What is marital property in a community property state?
This is one of those questions best reserved for the financial and legal professionals working on your case. It is easier to work backwards after determining what generally does not count as marital property:
- Debts and assets brought into the marriage
- Gifts and inheritances given to one party in the marriage
- Debts and assets acquired after separation and divorce
What is a hybrid property and how does it work?
It is common for spouses to bring separate assets into the marriage that become like marital property because of how they use it. Say that a woman sells her condo and uses the profit as a down payment on the marital home. The home has also appreciated since then. California Courts take this into consideration when determining what her share of the home should be. Because she invested separate, premarital assets in the property, she owns more than half of it.
What is the point of financial disclosure?
If you have children, the courts want to ensure that the child custody amount adequately reflects the incomes of both parents. It also helps the court determine if spousal support and settlement proposals are fair. Consequently, there is generally no way to get around submitting a financial disclosure, even if there are no spousal support or child support requests. However, it may be possible to waive the final financial disclosure if both parties agree.
If I choose to settle outside of court, what should it include?
Ideally, divorce settlements cover all the factors that are relevant to the marriage. For instance, couples with children may need to decide on child support and custodial rights. Even when there are no children involved, spouses need to make decisions regarding how to divide the property, how much spousal support seems fair, who becomes responsible for debts and who pays for the attorney fees.
What should I expect from court proceedings?
Trials tend to make people nervous. They sometimes worry about what their partners have up their sleeves or dislike the potential of partners airing personal details. Unfortunately, this is a risk of trial. If both parties keep it respectful, however, there is less to worry about. Trial tends to follow this process:
- The judge confirms that both parties are ready to proceed to trial, which can involve reviewing a few key details.
- Some family courts allow each party to make opening statements, but many are now doing away with this.
- Both sides get the opportunity to present witnesses and cross-examine them.
- After presenting all evidence to the court, both sides provide closing arguments.
Can I pause my divorce proceedings if I change my mind?
When one partner does not agree with divorce proceedings, he or she may stall to buy time. Common tactics include repeatedly asking for more time to review documents, taking a long time to sign or constantly nitpicking over small details. In fact, both parties may do this to buy themselves time to rethink.
However, there is no way to officially pause the process. If you change your mind, you can petition to dismiss the divorce proceedings. Should you decide at a later date to divorce, you would need to start the process all over again.
Why Choose Us
Regardless of the type of divorce you choose, an experienced attorney can help to point you and your partner in the right direction. If you worry that formally adding a lawyer to the mix may complicate things, then we are happy to work with you from the sidelines by providing you with advice. We find that often even uncontested divorces benefit from a second pair of eyes to ensure your partner does not attempt to withhold information or give you less than you deserve.
In fact, our divorce lawyer shines best when it comes to the financial aspect of divorces. Not only can he help ensure you and your partner make an accurate financial disclosure, but he can advise you on what parameters you need in place to secure your financial future. He is also certified in Collaborative Divorce and Mediation and will do everything in his power to keep the divorce case out of the courtroom.
For more information on how we can help, schedule an appointment today. We’ve successfully managed more than 2,500 cases so far and look forward to serving you.
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:
- Adoption
- Business Owner Divorce
- Child Custody
- Child Support
- Child Support Modification
- Cohabitation Agreement
- Debt Resolution
- Divorce
- Domestic Partnership
- Domestic Violence Restraining Order
- Family Business
- Family Residence
- High Asset Divorce
- Inheritance Dispute
- Legal Separation
- Paternity
- Premarital Agreement
- Property Division
- Retirement Benefit Division
- Spousal Support
- Visitation Agreements
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.”
“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.”
“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.”