Chula Vista Divorce Lawyer

Home /  Chula Vista Divorce Lawyer

Many people may not be aware of just how complex and difficult the divorce process can be. Untangling two lives that have been built together requires decisions on issues like child custody and support, spousal support, and property division. The complex guidelines that dictate how these should be done can be difficult to understand. That’s why those who want to be sure that their objectives are being pursued as closely as possible can benefit from the help of a Chula Vista divorce lawyer.

At The Law Firm, we’ve helped many clients through the divorce process. We understand both the legal technicalities of the process and the compassion that our clients need during this difficult time.

What Does a Chula Vista Divorce Lawyer Do?

A divorce attorney is critical to giving you the strongest chance of achieving your objectives throughout the divorce process. Divorce is a complex issue that addresses several important aspects of life, and it can be especially challenging where kids are involved. An attorney can help break down some of that complexity and guide you through the process. Our firm can do this through several tasks:

Assist With Paperwork

There’s always a significant amount of paperwork involved in the divorce process, but we can ensure that it is done properly. Many of these forms and their required information will need to be submitted on tight deadlines, and we can see that those are met.

Aid in Negotiations

With regard to the actual terms of the divorce, there are two primary ways these issues could be decided, and a lawyer can often be crucial to either method. Many couples first try to work out a negotiated separation agreement among themselves and their lawyers. The agreement will still need to meet the legal requirements, and a judge will need to sign off on them.

However, the process can often give the spouses more control over how the central issues will be decided. Also, it is often generally cheaper, time-effective, and less risky than going to court. A lawyer, though, can be critical to ensuring that your position in the negotiations is properly advocated for and that the final agreement will be something that a judge can agree to.

Represent Your Interests in Court

The other possibility is that the divorce will go through the full court proceedings. This can often be a difficult, tense process, as what the court decides will not be up for negotiation or modification unless something significant changes with either spouse’s circumstances. Having a lawyer who can represent you and advocate for your position in court can be critical to giving your objectives and interests their strongest possibility of being determined in your favor.

What Are the Key Issues to Be Decided in a Divorce?

The divorce process must take the primary elements of a life that two spouses share together and divide them. Generally, the law requires that this division occur in a way that is equitable and puts the welfare of any children involved as a priority above any other concerns.

The key issues could be negotiated. In most cases where there is an experienced family lawyer involved to ensure that the agreement meets the legal requirements, a judge will affirm what the divorcing couple has decided without much modification. However, if the couple can’t come to an agreement, the court will hear arguments and make a ruling on these issues.

Some of the key issues to be decided in a divorce include:

  • Property Division: Only the property that is considered community property needs to be divided. This is primarily the property that has been acquired through the course of the marriage. This property will need to be divided in an equitable fashion, which doesn’t necessarily mean a 50-50 split, as the process will involve a number of factors.
  • Spousal Support: Determining spousal support is one of the most complex aspects of a divorce. Typically, the longer the marriage, the more significant the support that is given, but there will be a variety of factors considered.
  • Child Custody: Child custody often involves the most tension, as children are so important to parents.
  • Child Support: Child support can often be challenging, as it is typically the parent who spends less time with the child who will be paying support, and this can cause resentment.

Is There a Waiting Period for a Divorce?

There is technically no waiting period to file a divorce in California. In some states, there is a requirement that the couple be separated and live apart for a period of time before they can even file a divorce. In California, as long as one of the spouses has lived in the state for at least six months and in the county where the divorce is being filed for three months, they can initiate the divorce at any time.

However, there is a kind of waiting period after the divorce is filed. It cannot be finalized for six months from that point. However, that does not mean that all divorces will be settled in that six-month period. When the couple is able to negotiate a settlement agreement relatively quickly, it often means that everything can be finalized soon after the six-month point, depending on how heavy the caseload is in the courts. However, it’s also not uncommon for some divorces to drag on for years.

Is California a “No-Fault” Divorce State?

California is a no-fault divorce state, which means that the reason for divorce may merely be irreconcilable differences. It is not necessary to demonstrate that the other spouse committed any kind of wrongdoing or harm.

An Experienced Chula Vista Divorce Lawyer Can Help

Divorce is already a challenging process, given the emotions that are involved. Complex and tension-causing issues, such as child custody, property division, and support payments, only add to the difficulty of the situation. Working with the right legal team, though, can help ease some of these conflicts and tensions.

At The Law Firm, we have a depth of experience addressing not only the legal aspects of divorce but also doing so in a way that’s respectful of everything that our clients must be going through. If you find yourself faced with a divorce, contact us today to discuss how we can help you through the process.