Danville Divorce Lawyer

Danville Divorce Attorney

The decision to end your marriage is a very serious one, and it is likely to affect your life in multiple ways for years to come. Divorce is more than just the cancellation of your marriage contract; it is a multifaceted legal process that you should be prepared to face with the help of an experienced Danville divorce lawyer. Your attorney can help you make clearer sense of the situation and make more informed decisions as your case unfolds.

Experienced Divorce Representation in Danville, CA

The Tierney Law Group believes in client-focused legal representation for every case we accept. We know that no two cases are exactly alike and that every client will face different challenges when it comes to resolving their divorce. We tailor our approach to our client’s unique needs in every case because every client needs customized, individualized legal counsel to reach the optimal outcome for their divorce.

We can help you understand the various legal mechanisms that demand careful consideration in your divorce. You can rely on our team to help you gather all the necessary documents and records that you will need to produce to complete the process. Trust our firm to help you determine the greatest areas of concern when it comes to the future implications your divorce may have on your life.

Ultimately, divorce can be a more difficult process than you initially expect, but the right Danville family law attorney on your side can have a tremendous positive influence on the outcome of the case, helping you reach the results you hope to see. It’s vital that you connect with an experienced and trustworthy Danville divorce lawyer as quickly as possible once you determine that divorce is in your near future.

Understanding California Divorce Laws

There are many statutory rules you must follow to complete a divorce successfully, and there are also many options you can explore to make the process a bit easier. Your Danville divorce lawyer can verify that you meet the residency and waiting period requirements for divorce, and once you are ready to start the process, they can help you draft a divorce petition or respond to a petition filed by your soon-to-be ex-spouse.

Every divorce case is unique, but there are a few issues that will apply to almost every divorce. These include property division, child custody, child support, and spousal support. Your attorney can identify your greatest areas of concern, answer any questions you may have about specific aspects of the divorce process, and help you understand the future implications your divorce order could have on your life.

Property Division in Danville

One of the most critical aspects of divorce proceedings is the equitable division of marital property. California is a community property state, so most assets that were accumulated throughout the marriage are generally considered to be equally owned by both spouses.

Because of this, Divorce requires a legal division of assets under California’s community property law. Divorcing spouses are required to accurately determine the property that qualifies as one spouse’s separate property and what qualifies as the couple’s jointly owned property. All marital property is subject to strictly even division. Each spouse will receive half of their marital property and will be allowed to keep their respective separate property.

Separate property, however, is not subject to division in California divorces. This means that any assets that are classified as separate remain with the spouse who owns them. Disputes can arise when one spouse believes that the other is improperly claiming community property as separate or vice versa. Clear documentation of the origin of these assets can help avoid these conflicts.

Separate property can include anything a spouse owned prior to marriage, inheritance, left only to them, and gifts they have received, including those given by the other spouse.

In some cases, the line between community property and separate property becomes blurred, especially when separate property is mixed—or commingled—with community property.

For example, if one spouse uses separate funds to make a down payment on a house, but the mortgage is paid using community income, determining ownership becomes more complex.

In such cases, it may be necessary to trace the source of funds used to purchase—or maintain—the property to prove what portion is separate and what is community.

This process can be complicated. Just like with separate property ownership, having clear documentation and records is essential.

Marital property can include any property acquired during the marriage, income earned by both spouses during the marriage, and jointly held investment accounts. It’s important to remember that the same rules apply for debt in determining whether it is one spouse’s separate liability or jointly shared.

Property division in a Danville divorce requires complete and accurate financial disclosure from each spouse. You will need to submit your financial records for all of your assets and liabilities. Failure to provide a complete and accurate financial disclosure can lead to contempt of court, liability for your spouse’s legal fees, and other penalties. You are unlikely to reach an agreeable result in your divorce if you intentionally withhold the required financial information.

Child Custody and Child Support

When divorcing spouses have children together, determining custody of their children may be the most contentious aspect of their divorce. It is natural for a parent to want to have as much custody as possible over their child, but the court must determine what type of custody arrangement would suit the best interests of the child.

There will be two types of custody to consider:

• Physical custody designates where the child lives.
• Legal custody determines which parent has decision-making authority regarding important aspects of the child’s life, such as education, medical care, and religion.

In most cases, the court prefers joint custody agreements in both divorce and legal separation. This enables both parents to share decision-making authority and time with the child. However, sole custody may be awarded if one parent is deemed unfit or unable to care for the child.

The judge handling a custody determination will look at many variables in making this decision, such as:

• The child’s bond with each parent and their preferences as to where they would like to live.
• Each parent’s income and work schedule. A parent can only make a strong argument for physical custody if they are able to handle their child’s day-to-day schedule and meet their basic needs.
• Each parent’s living arrangements, proximity to their child’s school and doctor, and the surrounding environment.
• Each parent’s criminal history, especially if a parent has any record of domestic violence or child abuse.
• The child’s preference if they are legally old enough to express it.

These are just a few examples of what a judge will consider when making a custody determination. A child custody determination will dictate legal custody, or the ability to make decisions for a child, as well as physical custody, which applies to residency and where the child will spend their time. Most custody arrangements function on a joint basis with the parents alternating time with their children, but it is possible for one parent to win sole custody.

Child support will be paid from a noncustodial parent to a custodial parent. The judge will determine the total financial support the parents must provide for their child, and whichever parent receives less physical custody is likely to be required to pay child support to the custodial parent.

Child support is generally calculated based on the time spent with the child, each parent’s income, and other factors.

It is possible to have your child custody and/or child support terms modified in the future if you experience unexpected changes in your life.

Spousal Support (Alimony)

Spousal support, or alimony, is generally awarded when one spouse earns significantly more than the other. It may also be granted when one spouse previously depended on the other for financial support during the marriage. In California, spousal support is intended to aid a lesser-earning spouse keep the same standard of living that they became accustomed to throughout their marriage. The court will analyze factors such as:

• The duration of the marriage
• The income, earning capacity, and earning capabilities of each spouse
• The age and health of each spouse
• Contributions to the other spouse’s education or career

Mediation

Mediation is the collaborative effort of both parties to resolve some of the contentious issues listed above in a cooperative, uncontested manner. The goal is to reach a mutually agreeable resolution for all parties.

This method can be ideal for couples who intend to continue co-parenting (joint custody) in an amicable relationship, which can maintain the family dynamic for the sake of the children.

Not only is mediation less stressful, but it can also save time and lower the costs associated with a traditional divorce.

Resolving Your Divorce in Danville

An experienced Danville divorce lawyer can help you identify all of the most important issues your divorce entails and assist you in developing a strategy for reaching the results you hope to see. The Tierney Law Group can provide ongoing legal support through every phase of your case, from the initial filing of a divorce petition to responding to a petition and building the foundation of your case.

FAQs

How Long Does Divorce Take in Danville?

The time it could take to complete a divorce in Danville or anywhere else in the state depends on the complexity of the divorce and the willingness of the divorcing spouses to cooperate. Alternative dispute resolution is an effective option for some couples, while others will need to go to litigation. For those who qualify, summary dissolution is an expedited divorce process. However, all divorces are subject to a mandatory six-month waiting period.

How Does Community Property Work in a Divorce?

In a California divorce, community property requires the divorcing spouses to submit financial disclosure statements that outline all their assets, investments, and debts, and for all marital property that the couple jointly owns to be evenly divided between the spouses. It is vital for a divorcing spouse to be truthful in their financial disclosure statement, and each spouse will be allowed to keep their respective separate property in divorce.

Do I Have to Pay My Spouse’s Legal Fees?

You will only be required to pay your spouse’s legal fees under specific conditions. If they earn far less income than you, the judge may require you to pay their legal fees in the interests of fairness when it comes to the financial impact of the divorce. It is also possible for a spouse to be compelled to pay for the other’s legal fees if they are caught lying in their financial disclosure statement. They can also face contempt of court for interfering with proceedings.

Can My Divorce Be Resolved Privately in Danville?

In Danville, a divorce can sometimes be resolved privately, but only under certain conditions. Private divorce mediation is the most common way this can unfold, but it requires both spouses to agree to the process. Additionally, there are some issues, such as child custody and child support, which cannot be resolved privately. Your Danville divorce lawyer can explain all of your options in your unique situation.

Why Should I Hire a Danville Divorce Lawyer?

You should hire a Danville divorce lawyer to ensure you have an experienced legal advocate who can help you preserve your interests in divorce. Your attorney can make gathering all the records and documentation that you will need to produce for divorce much easier. They can identify your greatest areas of concern as the case unfolds and potentially help you reach a much better result than you initially expected.

The team at Tierney Law Group, PC, has the skills, experience, and professional resources necessary to help our clients in Danville through the most challenging divorce cases. We understand the emotional strain of the situation and want to help you understand your divorce process as clearly as possible. Contact our team today and schedule your case evaluation with an experienced Danville divorce lawyer.