Going through a divorce is one of the most stressful life events that can happen to an individual. Through the pain, confusion, anger, and frustration of the emotional turmoil, not to mention legal headaches, it is important to find ways to save your sanity during divorce so you can come out the other side stable and ready to start this new chapter of your life.
There is a timeline for divorce in California which begins once you have filed and served your divorce papers. There are certain steps that need to happen before your marital status can be officially terminated.
A divorce in California will take at least 6 months, but could also take several years depending on the individuals involved. A simple, uncontested divorce will normally take 6 months to complete and is the soonest a couple can divorce, due to the mandatory waiting period in California. Seeking legal expertise from professional attorneys like Minella Law Group is always advisable, couples who are going through a divorce are advised to give mediation and or settlement a solid try before appearing before a judge. The reason is that when an authoritative entity enters into the situation, a substantial amount of control is given over to the court in the interest of having matters decided for you. Obviously, a settlement created by a judge may or may not create finality that you find satisfactory. If children are involved, there are added risks in giving over the control to a judge, and will be more difficult to adjust later and/or amend after your day in court.
A Dissolution of divorce begins with the actual decision of becoming divorced. The petition for dissolution is prepared with the help of a capable attorney who prepared the petition detailing the way the divorce-seeking party would like to settle matters such as property, custody, and spousal support. The attorney then files the petition with the court and has the other party personally served. If the other party does not agree with the terms, they have 30 days to file a response to the petition. Before the settlement discussions can start, all financial documents and information referring to the case must be exchanged. If the parties cannot settle their case, it will be set for trial. Each party will present the evidence supporting their position in the divorce. Once the judge has heard all of the testimony, he or she will render a decision on how to settle the case. If one party of both parties are not satisfied with the terms set forth by the judge, it is possible to file an appeal.
During a divorce, serious disagreements may arise over child custody that require experienced attorneys like Minella Law Group. Child custody disputes must be dealt with prior to the case being finalized. If the parties cannot agree on custody, it is important to get started by filing a motion in court to have the child share plan decided. There could be other issues involved such as child support, spousal support, and attorney fees that also need to be decided. It can take months to participate in custody mediation and to ultimately get a decision from a judge, so it is best to start right away.
Once all the issues have been resolved, the judgment will be submitted to court for review and filing. The judge will review the judgment of dissolution to ensure that all terms are fair and that the paperwork is filled out properly. The judge will sign and terminate your marital status restoring your single status.
Despite there being a timeline for divorce in California, your divorce does not have to drag on and on. The experienced staff at Minella Law Group can advise you of your rights and assist you making the divorce process as painless as possible. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948. We look forward to helping you!
Divorce is often a messy, complicated and emotionally charged affair. Hasty or poor decisions made regarding the division of money and property may haunt you after the dust has settled. There are actions you can take to protect your money during divorce, even if you are just considering a divorce. The following tips are also wise to take into consideration if you are about to get married, especially if one person is entering the union with a great deal more wealth than the other.
Keep in mind that there are Community Property States and Equitable Distribution States. A Community Property State requires that the “marital assets” be split in half equally; California is a Community Property State.
Divorce can be a financially devastating process, but there are ways to minimize the risk and the financial loss to your assets and property. Minella Law Group can assist you to protect your money during a divorce. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948. We look forward to helping you.
Getting divorced is never easy, especially when you have been served with divorce papers and you have no idea what to do! Sometimes all you need is a step by step guide to divorce and what to do next.
There are several steps that will need to be followed once you have learned that your spouse has filed for a divorce.
Now is a good time to consult with a lawyer about what your best options are and advice you on how to proceed because it get complicated from here. Once you have been officially served you have two choices you can make, respond to the petition or begin communications on settlement. Your lawyer can help you decide which will serve your needs best.
If you have consulted with your lawyer and decide you do not wish to file a response you can simply wait and do nothing. In these cases the Petitioner will be required to file all necessary paperwork and go before the Judge for final decisions. If you and your spouse had agreed on everything and you agreed with what his paperwork stated, this might be the option your lawyer recommends. However be advised that since you didn’t file a Response the court can only go by what your Spouse has filed as Petitioner, unless you both agree otherwise. All decisions and court judgments will be based off of the Petitioner alone.
You can choose to file a response back to the court stating your side of the case. In this situation your lawyer can help you decide the best way to fill out your response paperwork in order for your side to be equally represented. You only have 30 days to file a response with the court. There are special forms from the court house you need to fill out. After filling them out, you must file the papers with the court. There is a fee for filing. At this point someone will serve the Petitioner (your Spouse) copies of your court documents. Your lawyer will help make this as smooth as possible because they already have the correct documents and knows what to file.
Once the Petitioner has been served both of you will need to exchange financial documents. Basically this is where you will be figuring out the total marital debt, assets, and property in order to divide it fairly. These papers, called the declaration of disclosure, will also need to be exchanged and filed. A lawyer can make this process easier for both parties because it is easy to become emotional and angry at this point. Your lawyer will maintain a cool head and help you stay calm, remember we are here for YOU!
To divorce all required paperwork must be submitted. Next a judgment from the court stating the terms of your divorce is obtained. You may or may not have to appear before the judge. Your lawyer will let you know every step of the way.
It takes at least 6 months after filing all the paperwork in order to become divorced. Even then it is not automatic. There are still more papers to be filed with the court. The final steps and paperwork must be done exactly as they are described in the paperwork in order to finalize your divorce. Again your lawyer will ensure all documents get filed a necessary for you.
Even with a step by step guide to divorce, it is complicated! There are a lot of steps to take you from step to finish. Proper procedure and paperwork will ensure that the process is as smooth as possible.
Minella Law Group can help you complete the process and take away all the unknowns and need for a step by step guide to divorce. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948. We look forward to helping you.
Initial Reactions: How to File for
Divorce is difficult! The process of divorcing can be extremely painful for a person, and for a couple. Sometimes divorce completely takes you by surprise even if you felt it was a possibility. You have so many feelings tied up together that you are going to have to sort out. You may find yourself depressed, angry, emotional, unable to sleep or any number of feelings. You might have feelings of worthlessness, guilt or shame but it is normal to feel this way. With four simple words, ” I want a divorce, ” your world has changed, you have stepped out of your normal everyday life.. You may feel your world has shattered or broken. You are probably feeling confused and unsure of what to do next or who to go to for help. You instantly begin thinking about how to file for divorce in California. Not knowing the answer to the question how to file for divorce in California can be VERY stressful, but rest assured there are plenty of resources and help available.
There is so much involved in dissolving a marriage between two people. You are also dissolving the life you had come to know. Money, children, debts and the division of property become huge deals. It can be quite lengthy to divorce and there are many steps along the way. Regardless of your divorce being uncontested or contested there is a lot of time and paperwork involved. All of the paperwork must be prepared and filed in a certain order and in the proper locations. It can really ease the burden of divorce to have someone knowledgeable assist you to fill out all the proper forms that are required, as well as guide you through how to file for divorce in California.
No fault basically means the petitioner doesn’t have to have a particular reason or prove anything in order to divorce. All it takes is one person wanting out of the marriage. There are different types of divorces. Some are amicable and some get nasty, and everywhere in between. California wants to divide the marital assets and debt equally, family court is a court of equity. Other factors need to be taken into consideration however because it’s not always that simple. Factors such as child support, spousal support, disabilities, stay at home parents and many other issues need to be considered. At times like these it can be really helpful to know where to go and who to ask for help. Thankfully you do not have to do this alone. Here at Minella Law Group, we go through the work with you and for you. We are there every step of the way to ensure your rights and to make the process as easy as possible during this very difficult time.
If you and your spouse are in agreement over everything, this makes the divorce process much easier and it can save money. Your lawyer can help negotiate the issues that are holding up the settlement and inform both parties of their rights so that you both will be able to decide your total settlement and not have to step foot in a courtroom. This can be extremely beneficial especially if there are children involved since the stress of negotiating settlement will show. In some cases you may still need to make an appearance to agree that the paperwork filed for you is correct. It is important to remember that even if both parties are in full agreement, it will still take 6 months to finalize your divorce.
For couples who can not agree on anything, the divorce will need to be filed contested. These are difficult and can really take their toll emotionally on a person. This is why having Minella Law Group to protect your interests can be so important. We will fight for your rights to ensure that you get your fair share of the marital assets. We want you to experience as little heartache as possible so we will be the ones arguing for you. We will be there with you every step of the way and offer support as only an experienced family lawyer can provide. Divorce is difficult but together we can help you get through this process. We want you to be able to move on to begin the rest of your life with nothing holding you back. Divorce does not have to be the end, only a new beginning.
No matter your situation, divorce is not a fun process. Filing for divorce is not something people anticipate but when you are facing divorce, knowing how to file for divorce in California will help you take the initial steps.
Minella Law Group can help you with your divorce. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948. We look forward to helping you.
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Filing for divorce is not an easy decision and then once you make the decision the process is not easy. There are steps to take to ensure the process goes smoothly and efficiently.
Because divorce is a legal action, professional advice is necessary in many cases. Some people represent themselves in a no-fault divorce, but hiring a divorce lawyer can help answer questions, and guard against any problems that may arise during the divorce proceedings. In an amicable divorce case, another option is mediation, which can be less costly but not provide the same safeguards as a lawyer, who is hired to care for the best interests of their clients. Divorce is an emotional process, and the longer the marriage the more there can be to negotiate, especially when there are children involved. This should be one of the first things to consider when filing for divorce
Divorce proceedings start with filing for divorce, you have to file a petition for divorce. Because of the legal nature of the document, a lawyer can help ensure that the forms are filled out correctly and all questions are answered in a clear, correct manner. The paperwork deals with issues such as joint property, shared assets, support and attorney fee requests. It is important that these documents are filled out properly to ensure that your rights are not waived. However, more forms may be required for couples with children. Once the paperwork is filed, the court assigns a case number and the official process begins.
The disclosure portion of a divorce is like a show-and-tell of financial and property holdings. Each party in the divorce has to disclose all assets, debts, incomes, and expenses. Honesty is the best policy here, and a party can get into legal hot water for not disclosing with full factual information. Disclosing more than necessary can be the best policy, so that one party can’t take issue with the information given and draw out an already painful process.
After preliminary disclosures are made, the tough work of settlement negotiation begins. Most divorces can settle out of court with the help of lawyers. There are several types of common divorce settlements, including:
Regardless of the method chosen for the settlement negotiations, your case will have to end sometime. You can save a lot of time and money by working together to come to a settlement rather than going to trial.
In some states, such as California, there is a mandatory waiting period between separation, serving the divorce documents and filing the official petition. Even in the best case scenario where spousal support, asset negotiation and child support are agreed upon with no conflict, there is a six month waiting period before the divorce can be finalized.
If you are in the process of filing for divorce or are thinking about filing for divorce, there are steps to take to ensure an efficient process. The process can be daunting since there is a lot of paperwork, consider hiring an experienced family law attorney to guide you through the process.
Minella Law Group can help you with your divorce. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948. We look forward to helping you.
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Understanding Military Divorce
Military divorce is usually considered to be significantly different from a non-military divorce. These differences generally make themselves known in the process of obtaining personal service, complying with rules and regulations set by the military, and dividing a military pension. Military divorce has special procedures that need to be followed especially if the member is active duty.
In order for any court to assert its jurisdiction over a military divorce, the Petitioner will have to serve the active member with a petition for the dissolution, as well as a valid summons. Because of this, if the service member in question is currently deployed overseas, the process of completing a military divorce can be somewhat challenging.
The Military and Divorce
Divorce is not a simple process for anybody. Military divorce can be especially taxing within California because of the requirements the state imposes on service members that are deployed, living overseas or currently existing outside of the California jurisdiction. Parties who are considering divorce with an active duty military member will often benefit from learning more about the path that is ahead of them before they start this trying process.
If you are the Petitioner in the case and your spouse is a service member who has been deployed overseas, completing service becomes extremely difficult. The Servicemembers Civil Relief Act (SCRA) will be a factor in your case. SCRA will postpone or suspend certain legal matters that are pending in court while the servicemember is located. The law states service members cannot be held responsible for not replying to a divorce petition when they are deployed, but it does not allow the military spouse to neglect the papers. If the service member fails to respond to the divorce, then the court may choose to appoint a reserve, civilian natural or active duty person as an officer of the court to serve the papers on their behalf.
The SCRA will appoint an attorney to located the military member and report to the court on his location and ability to participate in a divorce. During that time, there will be a stay in the case meaning the court cannot make any orders for support or division of assets. If you are in need of support and your spouse is not paying, you should immediately contact their command to enforce military regulations for family support. The court cannot make any orders while the stay is in place.
Federal Laws Regarding Military Divorce
Recently, federal laws and regulations have undergone some changes that should make personal service much simpler for military couples with children when the spouse is stationed overseas. Regardless of the location of the spouse in active duty, uniformed service members and federal agencies will be required to take on the responsibility of facilitating the legal process.
Military assets, including military pension of the service member, are valuable, and can be divided between spouses much like the standard assets within a regular divorce case. However, it is necessary for both spouses within a military divorce to understand how the court deals with dividing military pensions. Not all servicemembers will be entitled to a pension, it does depend on the years of service. If there is a pension, it will be divided by the time rule which looks at the length of service while married. The portion that was acquired during marriage wil be split 50/50.
There other assets that are only issues in military divorce that need to be give special care. There is the Survivor Benefit Plan (SBP) election that needs to be discussed. SBP needs to be ordered in order to be received and there are different levels of election, not all the elections will be covered by support payments. There is also the Servicemembers Group Life Insurance (SGLI) that needs to be divide.
There are assets that need to be divided in military divorces that are not present in a non-military divorce. It is important to understand what you are entitled to and what needs to be included in your divorce judgment.
Residency Requirements
In order for the court to have the ability to properly divide a military pension, the court must have the military spouse’s legal consent, or legal residence within a state. A spouse simply being stationed within a state for a temporary period of time does not constitute residency. If the military member has maintained residency in a different state, California may not have jurisdiction to divide the military member’s pension. Consent of the spouse does not have to be verbally expressed, as long as the court has proper jurisdiction it has the ability to divide military retirement, regardless of the overall length of the marriage.
Minella Law Group can Help!
As the article expresses, there are very specific rights involved in a military divorce. An amicable military dissolution can be reached, but should be done with an experienced attorney who knows what to look for.
If you are facing a divorce and the United Stated Military is an employer, the qualified staff at Minella Law Group can assist you. For more information or to schedule an appointment for a no cost consultation, click the button below, or call us at 619-289-7948. We look forward to meeting with you!
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Calculating Child Support in California
Every parent has an obligation to care for their child, even if their marriage falls apart. California law imposes guidelines on the local courts that help judges determine the appropriate amount of child support to award a family. Calculating child support in California is based on a calculation that takes both the parties income and how much time they spend with the child into consideration.
It’s important to note, California law requires all sources of income to be included with calculating child support. This is outlined in Family Code Section 4058, it includes but is not limited to the following: commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, and trust income.
The process of gathering and assessing all of the information that is needed in order to provide an accurate decision is time consuming and frustrating. However, it is important to ensure the continued stability of the child following a separation. Each parent should feel confident about the amount that has been ordered by the court to benefit their child.
1. Make sure you are well organized!
One of the first steps in dealing with child support effectively and efficiently is to ensure that you are well organized. In the state of California, child support amounts will be calculated using a number of factors that are entered into a child support calculator.
Like any other form of data, the calculator will only be able to provide your judge with an accurate number if you provide accurate information. This means that you will need to ensure you have access to all necessary documents that contain information on your taxes, deductions and monthly income, including:
You have to be able to prove, with documentation, the expenses and income that you list on your income and expense declaration. Gathering up your information ahead of time will save time and money. The court requires your last two month of paystubs if you are a W2 employee and you should be able to produce your last years taxes if asked. If you are self employed, you will have to produce a profit and loss statement for the last 2 years.
2. Has there been a change in your situation?
There are some instances in which an order for child support can be altered or changed if there is a change in circumstances for the individuals involved. A change in circumstances can be recognized in a variety of different forms, but some of the most common options include:
It is important to have your request pending immediately as it does take time to get into court. Sometimes it can take months before you will be able to have your case heard. Filing right away will reserve the retroactivity date.
3. Work with a professional attorney in your area!
Although it is possible to access free child-support calculators online, it is easy to call their accuracy into doubt. Calculating child support on your own can be done however you will usually find this will only lead to confusion and frustration. There is no way to ensure that you are taking all the deductions that you can or using the right figures. Usually, working with an experienced and professional family lawyer will ensure that you have all the information you need regarding child support payments.
You may still get along with your former spouse but this is a legal matter now and you want to have someone who knows this arena on your side.
If you think you need assistance with calculating your child support, or you feel your support order is too high, we can help. We can take a look at the order and determine if there is a way to reduce or increase support based on the needs of the child and income of the parties. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you.
Button TextThe Facts About Move-Away Requests in San Diego
If someone were to ask a family law judge about the most difficult type of case they have to preside over, most of the time, the answer would be a move-away request. A move away is where one party seeks to relocate themselves, and their child, to another geographic area. The destination could be 50 miles away, or 2,000 miles, making it difficult for the other parent to maintain a relationship with their child.
If the court does grant the move away request, the non-custodial party will no longer be a significant part of their child’s day-to-day life. However, if the court denies the move away request, and the custodial parent has no choice but to move away, then the child will be separated from the parent they may have the closest bond with. Either way, the circumstances are tough on the child.
What the Court will Consider
In move away requests, the court will consider various different factors, including:
Critical Decisions to Make
Whether you are the parent seeking a move-away request, or the non-custodial parent, you should seek the assistance of an experienced move-away request attorney when it comes to dealing with an issue that can determine how much time you spend with your child. Your lawyer should be able to give you advice on the factors within your case that may influence the court, as well as what you could do to strengthen your position and effectively present your case.
Minella Law Group can Help!
If you are facing a move-away request it is important to have an experienced move-away request attorney by your side. Minella Law Group is experienced in move-away requests and can give you immediate hands on representation that you need. For more information or to schedule a no cost consultation, click the button below or call us at (619) 289-2748. We look forward to helping you!
Obtaining a Restraining Order as a Victim of Domestic Violence
In San Diego, it is possible to obtain a domestic violence restraining order from the legal judicial system, which will effectively prohibit an individual from performing any actions that may harass, or harm you in any way. Although it is intended to protect the individual for whom it is taken out, a restraining order is a civil order, meaning that it will not provide an abuser with a criminal record unless they violate the order.
Who can Apply for a Domestic Violence Restraining Order?
In some cases, domestic violence restraining orders are issued by judges in particularly heated legal situations, such as a custody battle or ongoing divorce that is causing a potentially dangerous or threatening situation between certain individuals. However, victims of domestic abuse, or violence can also obtain a restraining order if they have been the subject of abuse by their spouse, family member or any previously present individual, so long as the victim is either an emancipated minor or over the age of 18. The term ‘domestic violence’ can refer to any of the following acts that have been committed against a victim:
o Sexual assault
o Assault
o Terrorist threats
o Stalking
o Kidnapping
o Homicide
o Criminal trespass
o Harassment
o Criminal sexual contact
o Burglary
o Damaging personal property
What can a Domestic Violence Restraining Order do for Victims of Domestic Violence?
As a victim of domestic violence, an individual can request a judge to sign a document called a ‘Domestic Violence Restraining Order’, which demands that the abuser obey the law and follow rules regarding what they can, and cannot do. For example, the abuser may be required to have no contact with the victim either at home, via phone or email, at work, or anywhere else you might ask the court to place on the order.
The order may also work to protect other individuals within your family if you believe that they are at risk. The court could demand that the abuser in question leaves your family home, shared apartment, or domicile in which you live, even if that particular piece of real estate is in the abuser’s name.
In San Diego, a court may rule that the abuser must pay any financial costs that may have arose as a result of the abuse. For example, any medical or dental treatment, household bills that are immediately due, loss of earnings or expenses caused by moving home. The judge may also demand that your abuser pays for any fees that must be paid to an attorney on your behalf as a result of having to seek a domestic violence restraining order.
How Long will a Domestic Violence Restraining Order Last?
When you initially file to obtain protection from the law, it will only be on a temporary basis. The order that you receive will indicate a specific date at which point you must return to the court alongside the abuser to endure a formal proceeding. If your abuser does not arrive as expected at the hearing, then you may find that the judge either enters a final order if you have proof as to the abuser being served a notice to appear, or continue the temporary order until the individual can attend.
Remember, the courts will take domestic abuse very seriously, and you will not be asked to serve papers to the abuser on their behalf. So you do not have to worry about that. The local sheriff will serve the restraining order as soon as possible so they are aware that there is an order in place. Once they have been served, they are on notice and must obey the orders or they can be arrested.
Minella Law Group Can Help!
If you or someone you know is the victim of domestic violence and need assistance obtaining a domestic violence restraining order the qualified staff at Minella Law Group can assist you. For more information or to schedule an appointment, click the button above, or call us at (619) 289-7948. We look forward to helping you.
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