Rocklin Divorce Attorney

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Your Rocklin Divorce Attorney

Ending a marriage in Rocklin, California, is a big decision that requires careful planning and following the established process. In the beginning, you may feel overwhelmed with the tasks ahead, such as hiring a lawyer and telling your spouse the marriage is over. For the first time, you may begin to look at the assets you have built together and try to determine ownership of individual items. If your marriage lasted for 10 years or more and involved a web of entangled assets and debts, it can seem like there is no end in sight.

Our divorce attorney at McCunn Law has the experience necessary to manage your divorce, whether you choose an uncontested divorce or find it necessary to go to court. Our lawyer also has the expertise you need to handle disclosures for even the most complex financial situations.

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

Your Divorce Preparation

Divorce is as much a mental exercise as a legal one. Before you begin the process, it’s important to ask yourself if this is the right approach for your marriage. It might feel like it in the heat of the moment, and that “heated moment” could last for several months before things change. In fact, we have seen couples divorce and then remarry several years later.

If you are sure you want a divorce, then it’s also important to spend time considering your current situation. Doing so helps you create a sustainable plan that addresses your concerns from the start. Here are some important questions you need to address:

  • What is your financial situation when it comes to assets, debts and credit history?
  • Do you have independent access to the documents you need to begin the process or does your spouse keep all the records?
  • Do you believe your spouse will allow for an amicable divorce or is a contested divorce more likely?
  • Do you fear that your spouse may attempt to injure you, your children or other loved ones if you try to leave?
  • Is there a mistress, substance abuse or other similar factors involved that may negatively affect divorce proceedings?

Once you have addressed these concerns, you can have a clearer idea of how to proceed. A McCunn Law attorney is then in the best position to advise you. If you find that you struggle to address these questions, we can work with you to get the answers you need.

Our 5-Step Process

After years of handling divorce cases in Rocklin, we find that couples feel less anxious when we break the steps down into manageable parts. Otherwise, it can start to feel as if the divorce lasts for much longer than it actually does. During that time, you are likely to experience elevated levels of stress, which benefits no one.

Step One: Open Your Case

The first big step is filing your case with the court. This officially begins the divorce proceedings. Note that many of the deadlines that follow begin from the moment of filing the petition, so be mindful of this when deciding to get started.

Step Two: Produce Disclosures

California requires financial disclosures from both parties within 60 days. The state makes no exceptions, even if you have no assets or recently filed for bankruptcy. You may also believe that no financial disclosures are necessary if you don’t want spousal support or child support and you agree on all terms. In these cases, the court still requires disclosures but may waive the final disclosure if both parties agree.

Step Three: Determine Temporary Orders

One of the ways we help reduce anxiety during the divorce process is to ensure there are temporary orders in place. Ideally, these orders address everything the divorce eventually might. Key matters include spousal support, child custody and property division. Temporary orders are especially important if the case involves domestic abuse. Protective orders offer some peace of mind for the victims involved.

Step Four: Receive Final Judgments

Final judgments tend to occur in one of two ways. First, you and your spouse can decide to settle outside of court. This involves an uncontested divorce filing or mediation. These are generally the fastest and cheapest options for divorce. If both parties cannot come to an amicable agreement, then the final judgment usually takes place in a courtroom with the assistance of a judge. There is rarely a jury involved.

Step Five: Implement the Judgments

When final judgments come into play, they replace any temporary orders that existed before. In many instances, couples retain the arrangements from temporary orders and the final judgment merely confirms them. This is most common in uncontested and mediated divorces. In other cases, you may find yourself back in court, trying to compel your ex to respect protective orders, honor custodial arrangements or pay alimony.

The Most Frequently Asked Questions

Despite the many different relationships and divorce reasons in Rocklin, we find that couples tend to share the same concerns. The only person who can provide advice for your specific situation is the McCunn Law attorney handling your case. Even so, here are some general answers to the most common questions we receive.

What is a petition?

A petition is filed in step one of our divorce process. It generally involves filling out the FL-10 form, which acts as a formal request to end the marriage. The document does require some personal information, such as residency and the date of separation. You may also need to provide your general stance on five main issues:

  • Arrangements for children of the marriage
  • Spousal support
  • Property division
  • Debt allocation
  • Attorney fees

What is a divorce response?

After one spouse submits a petition or opens a case with the court, he or she needs to ensure the other person receives the necessary paperwork. The spouse receiving the paperwork typically has around 30 days to respond. A response does not necessarily constitute an agreement with or rejection of the terms proposed. Instead, it allows the receiving spouse to provide his or her side of the story, including opinions on the same key issues identified by the state.

What personal items should I safeguard during a divorce?

Psychologists often warn that the person you divorce is not the person you married. You may be surprised to know what your ex may try to withhold or hide to spite you. If possible, before you disclose that you intend to divorce, safeguard all your personal, legal and financial documents. Here are the most important ones:

  • Birth certificate
  • Passport
  • Driver’s license
  • Social Security number
  • Tax returns
  • Estate documents

Is it really necessary to change passwords?

In today’s digital world, many of the documents important to you are online instead of in physical formats. Changing the password to your devices limits access. It is also a good idea not to automatically save the new passwords in your browser as it then can become easier to access them in your absence. Here are some of the accounts worth changing passwords for:

  • Personal bank accounts
  • Employment portals
  • Subscriptions you pay for
  • Personal and work email addresses
  • Social media accounts
  • Device log-ins

Note that if you and your partner have joint bank accounts, changing the password may not restrict access. For instance, if you both have a joint account with Wells Fargo and you change your password, if your partner has another account with Wells Fargo, the account will show up when he or she logs in via his or her own credentials anyway. Even so, changing all your bank passwords is important to ensure no unauthorized transactions that trace back to your log-in.

What can I do to avoid going to court and to keep things private?

If you feel concerned about your privacy, it is in your best interest to arrive at an amicable solution with your ex. It takes two people to agree to uncontested divorce or mediation, so this is important. Note that even if you and your spouse decide not to divorce via a trial, you may still need to disclose particulars about your finances. If you withhold information and the court or your spouse suspects this, it could create problems later on.

Why You Need an Attorney

California’s divorce laws are complex. We believe no one should proceed with a divorce without first receiving advice from a lawyer or having one on standby to give second opinions. This is especially important for dependent spouses who may feel less equipped to handle the financial and legal aspects of divorce.

One of the big risks dependent spouses face is being cheated out of what they should receive. We have seen countless cases of breadwinners hiding assets. Some people have also feared to ask for their independently owned assets because of potential retaliation from controlling partners. An attorney cannot guarantee your protection, but we can help to put some parameters in place.

Finally, as mentioned, a significant number of Rocklin divorces end up in a courtroom. This is especially likely when the divorce involves children or when one spouse does not agree to end the marriage. We always advocate for an amicable divorce whenever possible, but we are also willing to fight for you in court to ensure you receive the rights and privileges you deserve.

Are you ready to find out more about what McCunn Law can do for your specific case? Schedule an appointment with our lawyer today.

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.