What You Need To Know About an El Dorado Hills Divorce

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What You Need To Know About an El Dorado Hills Divorce

If you are currently considering or going through a divorce in El Dorado Hills, you may feel overwhelmed by the road ahead. Maybe you still struggle with negative emotions from the circumstances that led you to the decision to end your marriage. Your partner may also refuse to come to reasonable terms. This is why it’s so important to speak to an attorney as soon as possible, even if you do not initially involve us in the process.

In fact, at McCunn Law, our lawyer fully supports DIY divorces. We are happy to provide coaching as you make your way through the process. Our lawyer also provides all the necessary paperwork you need. Should you need a more hands-on approach, collaborative services or representation in court, we handle those types of divorces too.

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

California Is a No-Fault State

One of the most important things to note about the California divorce process is that this is a no-fault state. In fact, it was the first state to implement the no-fault divorce approach. This allows couples to divorce without the need to justify it. “Irreconcilable differences” suffice. No-fault divorces also contribute to the opportunity for one person to initiate divorce proceedings whether the other person agrees or not.

In some states, infidelity disqualifies the partner from seeking and receiving alimony. This is not the case in California. For a breadwinner who was betrayed by his or her ex, this can feel like salt in the wound. However, one benefit of this is that even if a dependent spouse faces false accusations backed by circumstantial evidence, he or she may still be entitled to support.

One fault spouses can volunteer that could affect divorce proceedings is domestic abuse. This can allow for protective orders, which can even affect child custody. It is important to note that California courts take false accusations very seriously. Even if you are telling the truth, if you are unable to prove it, the court may treat the allegations as false instead of just unproven. Your McCunn Law attorney can advise you on how best to proceed.

Residency Is Important

When it comes to fulfilling the American Dream, California is often the state that comes to mind. From tech to Hollywood, the state provides the perfect opportunity for separating spouses to start over. Unfortunately, many people who move to El Dorado Hills and prepare to file for divorce soon learn that they have a long wait time ahead.

Even if you move your business and purchase a home here, it takes six months to become a legal resident. Generally, the only way to move forward immediately is if your spouse is already a resident. You may also need to prove state residency of the children for California courts to handle child custody and child support on their behalf.

This may, at first, feel like a setback, but there are some actions you can take during this time to prepare yourself for the road ahead:

  • Collect and file all the necessary legal and financial documents you need for the divorce, such as bank statements and tax returns.
  • Reach out to state agencies to get copies of tax returns filed as far back as possible in the marriage, if you do not have copies of your own.
  • Attempt to come to an amicable agreement with your ex regarding the children or any support orders.
  • Begin the process of adjusting estate plans, closing out joint bank accounts and removing your ex as an authorized user on credit cards.
  • File for a domestic violence restraining order if you believe you, your children or others close to you might be in danger.
  • Hire an experienced El Dorado Hills divorce attorney from McCunn Law.

There Are 2 Main Divorce Options To Choose From

In the preparation stages, one of the important decisions is the best divorce approach for your time, budget and preference. Note that the divorce route you start with may not be the one that completes the process, so it’s important to keep an open mind.

Does Not Involve a Trial

An uncontested divorce is the quickest, easiest and cheapest option you can use. It works well as long as both parties agree on all the terms and feel ready to move forward. If you need extra help coming to a decision, mediation or collaborative services can help.

Involves a Court Trial

If you and your spouse cannot come to an agreement, you may have no option but to go to court. Because of this, when working with clients, we reserve the right to pursue an adversarial divorce. This requires representing your side of the story in court to protect your rights.

You Can Ask for Temporary Orders

When you finally have the opportunity to petition for a divorce, your lawyer can walk you through the process of seeking temporary orders in a more formal setting. The temporary orders tend to cover the following areas:

  • Domestic violence restraining orders
  • Spousal support
  • Child support
  • Child custody or visitation
  • Property division

We encourage our clients to be mindful of what they request as temporary orders. If you take a low-ball order, you may struggle to make ends meet during the months that follow. The situation could grow worse if your ex decides to stall the divorce process. Note that California is a community property state and grants both parties equal rights to marital assets.

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

Child Custody Sometimes Requires Mediation

California courts do everything they can to keep things amicable between parents. The courts believe that it is better for parents to be civil for the sake of the children whenever possible. With this in mind, courts give parents the opportunity to talk things out in mediation before resorting to a potentially ugly court battle. Couples who already agree on children-related arrangements generally do not need mediation.

Parenting time is one of the most contentious issues El Dorado Hills parents tackle during a divorce. California generally tries to keep children in touch with both parents, so a joint custodial arrangement is most likely if there is a dispute. Some parents may even end up with 50/50 parenting time splits. However, if there is a great deal of friction, the courts can assign a primary custodial parent.

In some instances, the court may also provide sole custody to one parent and potential visitation rights to another. Sole custody with no visitation rights becomes likely if there is evidence of spousal abuse or child neglect. A domestic violence restraining order may also effectively put a sole custody arrangement into place, as shared custody requires interaction.

Prepare for a Potential Evidentiary Hearing

One unique feature about divorces in El Dorado Hills is that the two available courts tend to assign automatic evidentiary hearings to cases that involve certain factors. These include requests for adult child support and allegations of domestic abuse. If your case involves either of these factors, it’s important to start preparing for this hearing with an attorney.

If your hearing relates to domestic abuse claims, you should be ready for a potentially aggressive fight from your ex. This is because the repercussions in place are much stricter than in many other states. For instance, if you seek a domestic violence restraining order in Georgia, it may have no effects on the person’s gun rights. This can make accused abusers in Georgia feel less inclined to pursue the case.

In contrast, a DVRO can have a strong impact on the accused person’s life in California. Generally, the state does not allow accused persons to own, store or operate a gun while a DVRO is in place. Unless they are willing to move to another state, this can cost some professionals their jobs. It may also mean giving up hobbies or selling an expensive weapons collection. DVROs can even affect immigration proceedings.

Because of this, your spouse may put up a strong fight against a DVRO, even when there is compelling evidence against him or her. Our attorney cannot make guarantees about how your spouse might react to every factor, but he can advise you based on reactions we have seen to accusations and evidentiary hearings over the years. He can also let you know which issues are most problematic.

Our Lawyer Is Experienced and Certified

Not surprisingly, most people prefer to avoid a showdown in the courtroom during divorce proceedings. It can negatively impact not just your mental health but that of the children. Even when they do not witness the proceedings, they do live in the aftermath. At McCunn Law, our attorney is certified in Collaborative Divorce and Mediation. This does not guarantee a peaceful divorce, but it helps to increase the odds.

Our El Dorado Hills divorce lawyer also particularly enjoys the business and financial side of divorces. He has the skills, patience and willpower to tackle even the most complex financial setups. Whether you have several businesses to evaluate, own properties out of state or want advice on spousal arrangements that ensure future financial stability for both parties, he is ready to assist.

We have handled more than 2,500 cases so far and look forward to creating more successful outcomes for our clients. Contact us for more information today or to get your own divorce process started.

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.