Fair Oaks Divorce Lawyer
Marriage is a journey that comes with its share of trials, putting the strength of a couple’s relationship to the test. While some couples can navigate these challenges with resilience, others may find that these obstacles reveal underlying issues in their marriage. These challenges may expose that the initial feelings and compatibility between partners were not as strong as they once believed, leading to constant conflict and disagreement.
Obtaining a divorce in California may seem straightforward due to the state’s inclusive divorce laws that allow anyone to file. However, navigating the legal process can become complex and challenging, particularly if you’re unfamiliar with the state’s specific laws and the court’s requirements concerning crucial matters such as child custody and division of assets.
These problems can be overcome by working alongside a Fair Oaks divorce lawyer who is knowledgeable about California family law and the strategies that can be used for any divorce case.
When you partner with us at Bartholomew & Wasznicky LLP, you will be assigned to one of our experienced Fair Oaks divorce lawyers, who will tackle your case from start to finish. They will create the legal defense that the team will use to fight for your rights, and while we cannot guarantee we can get your ideal result, we will do our best to get a result that all parties can approve of.
Schedule a consultation with our experienced Fair Oaks, CA divorce attorneys at Bartholomew & Wasznicky LLP to get the guidance and support you need for your divorce. We’ll listen to your concerns, assess your situation, and create a personalized strategy to protect your rights. Don’t face this challenging process alone – call us at (916) 260-2637 today.
Dedicated Divorce Support
If a couple wishes to end their marriage, they have three options to choose from if they live in the state of California: divorce, legal separation, or annulment. Legal separation does not end the marriage, but it will enable the parties to live separately while the court steps in to assist in sorting out issues such as child custody and support. Annulment completely invalidates the marriage even from the time it took place.
For divorce, it will end a valid marriage. But, what makes California unique when it comes to the topic is the fact that it is a “no-fault” state. This means that one party can request a divorce without showing evidence that the other party has done something wrong that affected the marriage. A petitioner can say the reason for the divorce is due to “irreconcilable differences,” and the responding party can simply not respond if they agree to the divorce. Arrangements for child support and custody, asset and property division, and spousal support will be finalized through a separate petition later.
With our Fair Oaks divorce lawyer by your side, you will find it easier to handle the divorce proceedings and the issues included in your case. From helping you with the documents and evidence to negotiating the custody and support arrangements, we will do our best to achieve your ideal outcome and protect your rights.
Child Custody and Child Support
If the divorce involves children, the court will consider the child’s best interest when deciding how custody and support arrangements will be made. They will also consider factors such as the parents’ financial capability and relationship with the child to decide.
Parents must also follow a parenting plan, which they discussed during the court proceedings. The parenting plan will ensure that the child can still spend time with both parents while the parents have clear decision-making guidelines for the child’s well-being. Failure to follow the parenting plan or the child support arrangements will lead to penalties for the offending parent, such as a fine, custody changes, and even jail time.
Our divorce lawyers can help you understand the factors the court can use to decide on child custody and support for your case. You can also trust us to help you work on a parenting plan that both you and your ex-spouse can work with and sort out the child support arrangements. If you need to get the child support or custody modified or enforced, you can contact our team to handle the legal proceedings on your behalf.
In some divorce proceedings, the court may order one party to pay spousal support if they see that the divorce will disable the other party from maintaining their lifestyle once everything is finalized. The receiving party may also need help earning a stable income because they were held back from studying or building their career because of the marriage.
When the court receives a request from one party for spousal support, it will utilize several factors to determine the type of spousal support that will be given, how much it will be, and how long it should be. Parties can request a modification or the cancellation of the spousal support if their circumstances have changed. If the assigned party fails to pay in full or at all, the receiving party can appeal to the court to get the order enforced.
At Bartholomew & Wasznicky LLP, we can help you request spousal support and compute the right amount that will suit your needs or the type of spousal support granted by the court. We can also assist those tasked by the court to pay spousal support to argue against it or reduce the amount.
Asset and Property Division
Wherever you are in Fair Oaks, all the property that you and your spouse own during your marriage is equally owned by both parties. These properties will not include the properties you owned before the marriage or those you received as an inheritance or a gift, as these are personal or separate properties.
When a couple decides to divorce, the properties that are equally owned by the couple will be divided equally as prescribed under the community property rule followed by the state. The court does allow the couple to negotiate which properties they would like to get and divide the other assets so both parties will get their equal share once the court approves the arrangement. However, if couples cannot agree on a distribution agreement that matches the state’s requirements, the court can intervene and sort out the distribution agreement based on the criteria set in the Family Code.
Our Fair Oaks divorce lawyer can help you check all the community properties included in the divorce proceedings and identify the ones you should fight for or use as a bargaining chip. Our legal team will also ensure that you get your share of the community properties and protect your separate properties.
Business Owner, High-Value or High Profile Divorce
Some divorce proceedings take longer to resolve because the personalities involved are high-profile personalities and business owners.
Cases like these must be handled with care because of the impact these cases can have on their career or business.
Bartholomew & Wasznicky LLP has divorce lawyers who are trained and experienced to handle these cases. They guarantee that they will take all the information you provide them with care and fight for your interests while resolving your divorce privately.
Our legal team will also provide you with resources so you can decide how we will proceed when the other party argues for a specific asset or property or raises a counterargument against your claims.
California has a separate clause for military divorces in its family code requiring parties to contact an experienced Fair Oaks divorce lawyer to start the process.
A military divorce can be filed by one party who meets the residency requirements and must cite one of the two reasons they are filing for divorce. If the military personnel involved in a divorce case is on active duty, the patient cannot proceed immediately as they are immune to lawsuits while on duty. They also have the option to postpone it up to two months after their duty.
Whether you are a service member or not, we can assist you in looking into the intricacies of military divorce in the state. We will do our best to explain how the divorce can proceed, especially if the other party is on duty, and plan your defense accordingly. If you are on duty, we will ask the courts to postpone it while you are still reading the divorce petition and preparing your response.
High Conflict Divorce
A high conflict divorce is a situation where couples face significant and persistent challenges in resolving issues related to their divorce. These situations are often characterized by a lack of effective communication, intense emotions, and constant disputes. In a high conflict divorce, couples may struggle to reach agreements on matters such as child custody, property division, and financial matters. These cases can be particularly emotionally and financially draining, requiring the intervention of experienced family law attorneys to help couples navigate the challenges and achieve a fair resolution. At Bartholomew & Wasznicky LLP, we understand the unique challenges that arise in high conflict divorces and are committed to providing strong legal support and effective strategies to help our clients overcome these difficult situations.
Talk To Our Legal Experts Today
Divorce is never an easy decision to make, but it can resolve problems that you may not be able to resolve if you continue to be in your toxic marriage.
If you want to ensure that all the underlying issues discussed during the divorce proceedings are resolved, don’t hesitate to give our Fair Oaks, CA, family law firm a ring. We are ready to lessen your burden and ensure you have all the resources you may need to plan ahead.
Don’t navigate your divorce alone. Take the first step towards a better future by scheduling a consultation with our skilled Fair Oaks, CA divorce attorneys at Bartholomew & Wasznicky LLP. We’ll provide the guidance and support you need to protect your rights and achieve a favorable outcome. Call us today at (916) 260-2637 and let us help you through this challenging process.