Bay Area Divorce Lawyer

Bay Area Divorce Attorney

Ending a marriage is a very important decision that can impact your life in various ways for years to come. Divorce is more than just ending a marriage contract; it is also the process of dividing ownership rights of marital assets and may entail determining custody and support for your children. A Bay Area divorce lawyer can be an invaluable asset to have on your side as you prepare to complete your divorce.

Experienced Legal Counsel for Divorce in the Bay Area of California

The Tierney Law Group offers results-driven and client-focused legal representation for divorce in the Bay Area. Throughout the years of our firm’s operation, we have successfully helped many past clients overcome their divorce cases with confidence. We know that no two divorce cases are alike, and everyone facing this process needs legal counsel they can trust to provide individualized guidance and support.

When you choose our firm to represent you in a divorce, you are investing in a dedicated legal advocate who can assist you with identifying all the various complications you face in resolving the case. We can help you determine whether you can explore alternative dispute resolution to speed up the process or prepare you for the lengthy litigation you may need to endure to successfully end your marriage.

You will have a representative who will put your interests first and ensure a fair outcome in all aspects of your divorce, from property division to determining child custody. We can also help you understand all the procedural requirements for divorce in the state, such as meeting residency requirements, gathering the records you need for financial disclosure, and determining the optimal ways you could streamline your case.

State Rules for Divorce

Every divorce is different and will involve unique interpersonal dynamics. However, almost all divorces will entail a few key issues that must be resolved in order for the divorcing couple to secure their divorce order. It’s vital to understand these issues and to know how an experienced Bay Area divorce lawyer can help you resolve them effectively.

After ensuring you meet the state’s residency requirements to file for divorce, you can begin the process. Contrary to popular belief, it does not matter which spouse files the divorce petition. Some believe that whoever files the petition first will appear as the victim and that this lends some kind of legal advantage. It does not, and the majority of divorce cases filed in the state are filed on the grounds of irreconcilable differences.

California is a no-fault divorce state, so it is not necessary to provide a specific reason if you wish to end your marriage and file for divorce. The only requirement is filing a petition stating that your marriage has broken down beyond the point of possible reconciliation and that any further attempts to reconcile would be fruitless and would not serve the interests of either spouse. When a spouse files a divorce petition, the other spouse will need to submit a response to the court.

A divorce may either be contested, meaning the couple does not initially agree to terms, or it may be uncontested, meaning the spouses agree to the terms stated in the divorce petition. The goal of most divorce cases is to move a contested divorce to an uncontested state, and this can be accomplished through private negotiation, court-ordered mediation, litigation, or a combination of these methods.

Elements of Divorce in the Bay Area

Every divorce will require addressing various issues, but the main elements of most divorce cases in the Bay Area and throughout the state include:

• Property division. California’s divorce laws require the couple to divide all their marital property in divorce. This can include anything they purchased together while married, the income they both earned during their marriage, investment accounts opened by either spouse during the marriage, and all the couple’s shared debt. They will each be able to keep their separate property after divorce.
• Spousal support or alimony. This type of support is sometimes paid from a higher-earning spouse to a lower-earning spouse after divorce to ensure the supported spouse can maintain their standard of living after divorce. These payments continue for a time period based on the length of the marriage, and the payment amount will depend on the difference in income between the spouses.
• Child custody. If divorcing spouses have children together, the court must determine custody of their children. A family court judge will need to take many factors into consideration when determining legal custody, which determines the ability to make decisions for a child, and physical custody, which determines a child’s residency and where they will spend their time.
• Child support. Both parents are required to support their children equally financially. If one spouse secures greater physical custody rights than the other, the noncustodial spouse will likely be required to pay child support to the custodial parent on a regular basis. It is possible to modify a child support order in the Bay Area under certain conditions.

When you have an experienced Bay Area divorce lawyer representing your case, you will be able to address your greatest areas of concern with your divorce with peace of mind. When it comes to the various financial aspects of your divorce, such as property division and child/spousal support, your financial disclosure and the financial disclosure provided by your spouse are the most important elements for consideration.

It is crucial to ensure completeness and accuracy with your financial disclosure statement. Failure to provide complete and accurate records can lead to various penalties, especially if done intentionally. You could face contempt of court and financial liability for your spouse’s legal expenses. If you suspect your spouse has hidden assets, discuss your concerns with your Bay Area divorce lawyer as quickly as possible.

Alternative Dispute Resolution and Divorce Litigation in the Bay Area

When most people imagine divorcing in the Bay Area, they picture heated courtroom exchanges and a lengthy, stressful, and expensive series of proceedings. However, while litigation may be required in many divorces, it is not the only option you have for resolving your divorce. Many divorcing couples choose to explore alternative dispute resolution, such as divorce mediation.

During mediation, the couple meets with a neutral mediator who assists them in negotiating mutually acceptable terms for their divorce. While they will not be able to resolve any issues pertaining to child custody and/or child support in this manner, they could resolve property division and other financial aspects of their divorce with more control over the final terms of their arrangement.

Each spouse can have their respective attorney represent them in mediation proceedings. The mediator will meet with each spouse individually and will conduct joint negotiation sessions if both spouses agree to this. They will attempt to help the couple negotiate terms for their divorce while ensuring that their negotiated terms comply with state law. It is also possible for the court to order a divorcing couple into mediation under certain conditions.

While divorce mediation potentially allows for a more private divorce process, it is not an option in every case. If your divorce mediation fails or you and/or your spouse are unwilling to try alternative dispute resolution, you will need to have your divorce resolved in the courtroom. Similar to most other civil cases, it will entail a judge reviewing all relevant facts, records, and evidence, and they will determine the terms of your divorce order.

Modifying Divorce Orders in the Bay Area

After you finalize your divorce in the Bay Area, it may not be the end of your legal interactions with your ex-spouse. If the two of you have standing financial agreements and/or a child custody order, you will be part of each others’ lives for the foreseeable future until such agreements terminate. However, you may also need to return to family court to modify your divorce order under certain conditions.

If you have experienced a recent unexpected change in your life that has a material impact on the terms of your divorce order, it could be grounds to seek a modification to your divorce order. This entails returning to court, filing a petition to modify the order, and explaining why the order needs to be modified. For example, if you are required to pay alimony but lose your job due to an injury, you can petition for early termination of your alimony obligation.

You will need an experienced Bay Area divorce lawyer to help you navigate this process. Your attorney can assist you with creating a modification petition or with responding to your ex-spouse’s petition for modification.

Find a Trustworthy Attorney for Your Divorce

The team at Tierney Law Group has a long record of successful cases, and we know how to help you reach a positive conclusion to your impending divorce in the Bay Area. As soon as you secure our firm’s representation, we can immediately begin helping you build the foundation of your divorce case and assist you in addressing the greatest areas of concern you have for this process. Reach out as quickly as possible so we can start working on your case right away.

FAQs

How Much Does It Cost to Get a Divorce in the Bay Area?

The total potential cost of a divorce in the Bay Area will depend on multiple variables. Your legal expenses are only part of the total financial impact your divorce could have. Depending on the terms of your divorce order, you could face long-term financial obligations in the form of child support and/or spousal support, or you could receive these types of support. Your Bay Area divorce lawyer can explain the various financial implications your divorce could have.

Do I Need to Pay My Spouse’s Legal Fees in a Divorce?

You may be required to pay for your spouse’s legal fees in divorce under certain conditions. If you earn significantly more income than they earn, the court may require you to pay some or all of their legal fees as an element of property division in the interests of fairness. If you are caught lying in a financial disclosure statement or otherwise interfering with divorce proceedings, you could also be required to pay their legal fees as a penalty.

How Long Does Divorce Take to Complete in the Bay Area?

The time your divorce could take to complete in the Bay Area depends on multiple factors. No two cases are alike, and a divorcing couple may have more options for expediting their divorce than they initially realize. For example, some couples may qualify for summary dissolution, which substantially streamlines the divorce process. However, all divorces are subject to the state’s mandatory six-month waiting period.

What Is the Community Property Law for Divorce?

California’s community property law for divorce dictates how a couple’s marital property is divided when they end their marriage. Marital property can include anything the couple purchased together while married, the income they each earned while married, and all jointly owned investments and debts. All marital property must be divided evenly, while each spouse will be allowed to keep their separate property.

Why Do I Need to Hire a Bay Area Divorce Lawyer?

You need to hire a Bay Area divorce lawyer to have the greatest chance of reaching a positive outcome in your impending divorce. An experienced legal advocate can help you compile all the documentation you will need to submit as part of your financial disclosure, identify your greatest areas of concern when it comes to resolving your divorce, and help you determine whether you can explore alternative dispute resolution to expedite the dissolution process.

The team at the Tierney Law Group, PC, has years of experience helping clients throughout the Bay Area with their divorce cases and other family law cases. We know the various challenges you could face in resolving your divorce and want to help you reach the outcome you hope to see. Contact us today to schedule a case evaluation with a Bay Area divorce lawyer and learn more about the services we provide.