Roseville Divorce Lawyer

Roseville Divorce Attorney

Seeking a divorce – or responding to a request for a divorce – is likely to be emotional and incredibly challenging. For this reason, it is critical to have the guidance and advice of an experienced Roseville divorce lawyer.

The Law Offices of Dianne M. Fetzer’s attorneys and staff have a over 75 years of family law experience. It is important to have the advice of skilled and compassionate legal counsel to assist with navigating the complex process of divorce in California.

How to File for Divorce in California

The Family Law Act of 1969 allows for no-fault divorce in California. This means that a divorce may be granted without the need to prove any fault by either party due to irreconcilable differences. In the United States, 43% of first marriages end in divorce, with higher rates for second (60%) and third (73%) marriages.

In order to file for divorce in California, an individual must meet certain residency requirements. For a California court to have jurisdiction over a marriage, one spouse must demonstrate at least six months of residency in California and at least three months in the county in which the divorce proceedings are filed. In Placer County, an individual would file for divorce at the Hon. Howard G. Gibson Courthouse is located at 10820 Justice Center Drive, Roseville, CA 95678.

The Cost of Filing for Divorce in California

In California, the cost to start a divorce case is typically between $435 and $450. The next step is to share the divorce papers with your spouse. When papers are served, they must be handled by an adult not involved with the case, called the server. You may not serve the papers yourself. The server will complete a Proof of Service Form and file it with the court to prove the papers were served.

If your spouse fails to respond to the papers within 30 days of being served, you may ask the court for a default. This is a request for the court to decide the case without the input of your spouse. You will still be responsible for providing your spouse with your financial information. You will also need to present the final paperwork to the judge. The judge will determine whether everything is complete and then sign the final papers ending the marriage.

Share Your Financial Information

The petitioner and respondent in a divorce are required to share financial information with each other. This process is referred to as financial disclosure. The financial documents need only be shared with your spouse. You are not required to file them with the court.

This financial information (how much you owe, own, earn, and spend) will be used to determine how to divide the property. It will also influence decisions regarding spousal and child support. There are deadlines for the process. The petitioner is required to provide preliminary information within 60 days of filing the petition. The respondent will have 60 days after filing a response.

Information you will need to collect may include the past two years of tax returns, the past two months of pay stubs, documents that demonstrate what you owe and what you own, credit card statements, home and car titles, bank account statements, and retirement account information.

As the case progresses, it is sometimes necessary to disclose additional information, known as a final declaration of disclosure. Parties can agree to waive the second disclosure by signing and filing an agreement. This agreement is called a Stipulation and Waiver of Final Declaration of Disclosure.

FAQs

How Much Does a Divorce Attorney Cost in California?

The cost of a divorce in California is higher than in other states. However, costs will vary based on the complexity of the case. There are certain costs associated with divorce in California that an individual may encounter, such as filing fees, the cost of mediation, document preparation fees, expert witnesses, evaluations, and attorney fees. There will likely be other miscellaneous costs, such as notary, certified mail, and parking costs, in addition to time off from work.

What Is the 5-Year Rule for Divorce in California?

The 5-Year Rule determines whether a marriage is considered short-term or long-term. This is significant in California due to the impact on how alimony or spousal support is determined. Other areas affected include the division of property and other matters related to a couple’s finances. The 5-Year Rule provides guidance during divorce proceedings, but ultimately, the court has discretion in determining things such as the amount and length of alimony payments.

What Is the Wife Entitled to in a Divorce in California?

In California, community property is divided between both parties. Any assets or debts that were acquired during the marriage are considered equally owned by both parties. A wife would likely be entitled to any separate property that was acquired prior to the marriage or after the date of separation. Depending on the length of the marriage, the financial situation of the couple, and the court’s interpretation of fair and equitable, a wife may also be entitled to spousal support.

Is Everything Split 50/50 in a Divorce in California?

The law in California requires that all community property be divided equitably. Any assets or debts acquired during the marriage, such as real estate, vehicles, clothing, and furniture, will need to be split evenly and fairly. The stocks, bank accounts, pension, and employment benefits of both parties will also need to be divided equitably. Separate property includes any property that was acquired prior to the marriage, or gifts and inheritances that were received by a specific individual.

Discuss Your Divorce Concerns With an Experienced Roseville Divorce Attorney

If you are struggling to understand your options when going through a divorce, the compassionate team at the Law Offices of Dianne M. Fetzer can assist you. Contact our office to discuss the specifics of your situation with a seasoned Roseville divorce attorney and learn how the experienced team can help navigate this difficult transition.