Granite Bay Divorce Attorney

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Your Granite Bay Divorce Attorney

When most people marry in Granite Bay, they envision a lifetime of happiness together. Unfortunately, many things can happen between a couple and to a family that can make this goal a difficult one to attain. In the end, many couples decide to end the marriage. Working with a divorce attorney from the very start of the process ensures that your rights and privileges receive the attention and respect they deserve.

At McCunn Law, we put families first and advocate whenever we can for amicable solutions. However, if your spouse refuses to cooperate, we are also fully equipped to take a more adversarial approach to divorce to help protect your financial and familial interests.

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

3 Approaches to Divorce

We offer our clients three different approaches to their divorce processes. This allows you to choose the option that suits your needs, budgets and personal preferences.

Adversarial Divorce

We prefer to treat this as a last-resort option for Granite Bay couples, especially when there are children involved. The back-and-forth in court and the exposure of incidents within the marriage can become stressful for both the parents and the children. This can create rifts in the family that no child custody order or spousal support payment can heal.

Unfortunately, there are also times when this is the only way forward. Sometimes, one or both spouses may feel unwilling to cooperate or the divorce might involve unique or even controversial circumstances, such as sexual assault, parental neglect or substance abuse. If you believe this is the route you will need to take for your divorce, it is important to contact our firm as soon as possible.

Divorce Mediation

Some couples may not at first agree on divorce arrangements together but feel they can come to an agreement with the intervention of professionals. A collaborative or mediated divorce involves hiring anywhere from one to three attorneys to keep things neutral and peaceful. Despite the potential for heavy involvement of attorneys, this is typically a much more cost-effective option than going to court. It also tends to take less time.

Unfortunately, sometimes couples believe they can resolve differences through mediation, but things spiral out of control. One spouse may feel particularly resentful or can become difficult to negotiate with. Because of this, whenever we work with couples going through the mediation process, we also reserve the right to move on to the adversarial divorce process, if necessary.

DIY Divorce

This is the ideal form of divorce that most people hope for. The couple has a civil discussion about divorce, makes arrangements that both parties can live with and then moves forward. If this is your position, then we are happy to provide you with the necessary paperwork and instructions so you can complete the process on your own.

As a note of caution, however, dependent spouses should be wary of going through a do-it-yourself divorce without hiring a professional to review the paperwork. The breadwinner may hide assets and offer child support and spousal support amounts that are far less than what you and your children deserve. If you have concerns, we can review financial documents and records to ensure your DIY divorce progresses smoothly and fairly.

5 Steps for Divorcing Your Partner

At McCunn Law, we separate our approach into five steps. These steps act as smaller milestones in the divorce process. Our clients often express that these milestones gave them reference points that allowed them to track how close they were to wrapping things up.

Step One: File Your Case

Opening your case with the California Courts is the first big step you’ll take. This is even bigger than telling your spouse that you are ready to end the marriage, as you have essentially now put the state on notice.

Step Two: Produce Your Disclosures

Most law firms have the skills necessary to create a basic financial disclosure, but they may steer clear of more complex finances that require advice. Our divorce lawyer and the rest of our team stand ready to conduct a thorough review of your finances to ensure you provide a fair and accurate disclosure for the divorce. In most cases, we charge just $2,000 for this service.

Step Three: Agree on Temporary Orders

Some law firms skip over this process, only to have your spouse decide to turn your six-month divorce into a years-long battle. This can leave you and your family exposed with no agreements in place for child support, child custody and visitation. We ensure we cover all these bases and then some. If you or your children suffered domestic abuse, our divorce lawyer can also push for a protective order.

Step Four: Seek Final Judgment

Sometimes, couples come to a final agreement during the mediation process. However, when this does not work, then the case may go to court. The court hears both sides and can even consider input from the children and other people who are familiar with both spouses. It then makes a decision regarding arrangements for post-divorce life for the couple. Note that any new court orders that come from this then replace the temporary orders previously in place.

Step Five: Implement Judgments

Ideally, this is as simple as setting up payment plans and deciding on a good time and place for dropping off the children with the other parent. In more complex cases, such as those involving protective orders, both parties may need further assistance on how to arrange for support orders. If one ex becomes contentious, disagrees with the final judgment and refuses to follow through, we can also assist.

3 Frequently Asked Questions

Everyone has questions during a divorce. You are likely to stumble across issues that could benefit from a second pair of eyes or a second opinion. As well, every divorce is different, so we can only provide general answers to questions here. For more specific answers that take into consideration your unique circumstances, reach out to our McCunn Law attorney today.

1. What do I do if my spouse is hiding assets?

When spouses suspect that a divorce is underway or decide they want one, they often begin by gathering all the necessary financial and legal paperwork. Some people may even do a bit of prying, such as checking already opened mail left in the study, reviewing bank statements, requesting tax returns from the IRS and reading emails after a spouse forgets to log out.

Thanks to this or other clues, you may come to suspect your spouse has not disclosed his or her full assets and income. If you have proof, it is much easier to move things along favorably. In cases with no proof and where the other spouse refuses to cooperate, talk with your McCunn Law attorney about seeking court orders or pursuing formal discovery.

2. Will I need to share my retirement account?

California is a community property state, so it treats almost all assets acquired in the marriage as marital property that belongs to both parties. There are very few exceptions, and retirement accounts are generally not one of them. Subsequently, if a spouse asks for a portion of the retirement account, he or she could very well become entitled to half.

That said, California does not necessarily require you to split each shared asset in half. It is more concerned with the sharing of the total value of the assets. Because of this, you may be able to persuade your spouse to accept something else in place of this account, such as the family house, cash payments, shares of profit in a business, investment property or stocks.

3. Is it necessary to change my name back?

When Granite Bay couples marry, one or both parties tend to change their names to create a single family surname. In most cases, women make the change, but in same-sex couples and feminist households, men may also opt to make the change. After a divorce, couples have the option to reclaim the names they held as bachelors or bachelorettes. However, the keyword here is “option.” Many divorcees prefer to keep the last names. Here are a few reasons some do so:

  • The name-change process can be costly and lengthy, especially for immigrants and people with multiple citizenships who may need to change documentation in two or more countries.
  • People may have earned a degree or published work while married under their married name.
  • A person may have become accustomed to the surname after years of marriage and wishes to retain it.

If you do decide to change your name back, you can do so as soon as you get a final judgment from the court. The process generally starts with applying for a new SSN and a new driver’s license.

Contact a Granite Bay Attorney

Our family lawyer and the rest of the team are ready to review your case, produce a financial disclosure and offer advice, no matter how complex it is or how aggressive your spouse has become. While we much prefer when couples seek amicable solutions, we are not afraid to go to court and fight for your rights and that of your children. Contact us today to schedule an appointment or request a review of your case.

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.