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Guiding You Through Each Step Of The Divorce Process
You do not have to go through your divorce alone. If you are ending your marriage, our Solano and Contra Costa County divorce attorneys can help you. As your Fairfield divorce lawyer, we partner with you and provide services tailored to your needs. From preparing and filing court documents to litigating for your desired outcome, we are by your side throughout the divorce process.
Divorce may feel as though it comes with a stigma or that others are secretly judging you, but with a divorce rate of 5.8 per 1000 women, it is more common than you may think. No one begins a relationship with the intent of ending it, but many Californians find themselves in a contentious battle with a soon-to-be-ex. With the right help on your side, you can confidently navigate the divorce process.
Divorces are complicated matters that can start out with the most amicable of intentions. Unfortunately, many who are going through the divorce process quickly understand how contentious it can become. With the help of a divorce lawyer, you can get the support you need to confidently take the next steps forward.
The attorneys at Barber Tubis Law, P.C. regularly help our clients request or defend against changes to child custody, child support, and spousal support orders. The court requires that you show a significant change in circumstances before it modifies an existing order. We guide clients through the process to make sure their requests have solid evidence backing them up.
To begin the divorce process, you must file a petition in the Solano County Superior Court. This petition states the petitioner’s intent to dissolve the marriage. The other spouse, known formally as the respondent, has 30 days to respond. Our Solano and Contra Costa County divorce attorneys can help complete and file your petition.
The petitioner’s case proceeds if the respondent does not answer the petition within 30 days. An attorney then draws up the divorce judgment. This is a document that outlines division of property, spousal support, child support, child custody and any other orders. The divorce judgment is then filed with the court. The divorce becomes final six months and one day after the respondent was served the divorce petition.
When the respondent responds to the divorce petition within the 30 days, a date is usually set for a mandatory settlement conference. Before the settlement conference, attorneys for both parties begin the discovery process. In discovery, divorce attorneys gather information about property, finances, children and circumstances.
This is done with questionnaires and depositions. The lawyers use the gathered information to try to get both sides to come to a marital settlement agreement at the mandatory settlement conference.
If spouses are unable to reach an agreement at this conference, the case goes to court. Once each side has been heard, the judge issues a divorce judgment. This determines the division of property, child custody, visitation, child support and spousal support.
Particularly when it comes to child custody, the state follows the best interests of the child standard. Essentially, this means the court considers each parent’s ability to offer a safe home and provide for the child’s well-being when determining custody and visitation. In some cases, judges may consider the child’s wishes when determining custody, but there is no legal standard for the weight it carries, and the court has no obligation to fulfill that wish.
Similarly, the state uses a formula outlined in California Family Code § 4055 to determine child support. This formula considers each parent’s income, the time they have custody, and the expenses of the child to determine the amount of support. Work with your Fairfield divorce attorney to learn more about the support formula and how it can impact your case.
The judgment is issued and, if the six-month waiting period has already been met, the divorce is final. If the waiting period has not been met, the divorce will be final six months and one day after the respondent was served the petition.
California is a community property state. The state, therefore, recognizes that all assets and debts the couple incurred during the marriage belong to both parties and are, in turn, owned by the couple. These are typically divided 50/50 in a divorce. This includes all income, any residential or commercial real estate, financial holdings, loans and debts, and more.
Property owned before the marriage, gifted, or received as an inheritance is usually considered separate property that is not included in asset division.
Dividing more complex assets requires careful evaluation. Retirement assets and pensions are often among the most valuable parts of marital property and must be split correctly to avoid tax penalties or future disputes. This is typically done through a Qualified Domestic Relations Order (QDRO), which allows retirement plans to be split between spouses. Other complex assets like businesses, stock options, and investment portfolios may require professional valuation to verify fair division.
In California, grounds for divorce, legally termed dissolution of marriage, are covered in the California Family Code Sections 2310-2313. Under the state’s divorce laws, the two grounds for dissolution of marriage or legal separation in California are:
In the California Family Code, irreconcilable differences are defined as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”
The legal concept of irreconcilable differences is employed very liberally in California, which is one of many states that allows so-called no fault divorce. In a no fault divorce, there is no burden on the filing party to prove that the other spouse is guilty of having wronged the filing spouse. In fact, the filing spouse need only declare that the two are incompatible or can no longer peaceably live together.
The judge can order a delay of divorce proceedings if they believe that the irreconcilable differences cited in the divorce petition are not as irreconcilable as they appear. This delay, lawful under California Family Code Section 2334, can last a maximum of 30 days. The judge renders judgment if either spouse still desires a divorce after the delay.
Two important caveats should be considered if you are seeking a divorce on the ground of incurable insanity. First, the filing party must provide proof that the insane spouse was and remains incurably insane. This proof must include testimony from medical or psychiatric experts. Second, any dissolution of marriage granted on the grounds of incurable insanity does not absolve the filing spouse of any lawfully imposed spousal support or alimony.
Not every divorce case needs to be settled in the courtroom. Mediation and alternative dispute resolution methods can help spouses reach efficient, cost-effective outcomes when possible. Through structured negotiations and guided discussions, mediation allows both parties to maintain control over key decisions rather than leaving them in the hands of a judge, which often reduces stress, time, and legal expenses. You can also consider a collaborative divorce.
What’s more, many attorneys offer unbundled services for clients who need targeted legal help without full representation. This keeps matters as amicable as possible while still protecting your interests. When cooperation works, it can lead to faster resolutions and better long-term outcomes, particularly when children are involved.
Even after a divorce is finalized, life circumstances can change, and court orders don’t always stay the same. Our firm assists clients with post-judgment modifications to make sure custody, support, and visitation arrangements remain fair and workable over time. Common reasons for seeking a modification include changes in income, job loss, relocation, and changes in a child’s needs.
A divorce can be one of the most emotionally difficult and stressful events you will endure. Divorces – and family law in general – are often a dangerous combination of personal, familial, financial and legal issues, and it can be very difficult to keep track of every aspect.
At Barber Tubis Law, P.C., our Napa divorce attorneys understand how complex divorces are, and they know how important it is for our clients to have experienced lawyers looking out for their interests. With a strong track record of helping clients through the divorce process, our attorneys should be your first choice.
We guide families through this emotional process. We provide sound legal advice and understanding to achieve the resolution you want. Our lawyers are experienced in all areas of family law and are available to discuss your needs. Hire a divorce lawyer from our local law firm. We can help you determine the approach that works for your divorce. Contact us online today to schedule a consultation.
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