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Categories
Family Law

Annulment vs Divorce: Key Differences to Know

Annulment vs Divorce Key Differences to Know SFVBA Referral

Most of us are familiar with divorce, but what about annulment? Understanding the similarities and differences between an annulment vs divorce is essential. While most people end their marriages in divorce, you may be surprised by how frequently annulments occur.

But what is the difference?

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Family Law

The Benefits of a Prenup Agreement

Why is a prenup agreement worth looking into? There are many reasons.

Read on now.

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Family Law

Legal Separation vs Divorce: What’s the Difference?

Legal separation vs divorce? Learn about the key differences and all the helpful information you need to know.

Read further now.

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Family Law

Is California a No Fault Divorce State?

Divorce can become a messy situation, especially if there are many factors to consider during the process. One such question that might be brought up is if Califoria is a no fault divorce state?

Read what you should know here.

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Family Law

All About What to Ask for in a Divorce Settlement

If you’re going through a divorce and you’re stressing over what to ask for in a divorce settlement, then you’ve come to the right place to better understand your choices and the process.

Read further to know the details.

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Family Law

Understanding California Spousal Support Guidelines

If you’re going through a complicated divorce, it’s important to understand your legal rights and boundaries.

Here are some basic California spousal support guidelines to keep in mind.

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Family Law

How to File for Divorce in California During COVID-19

Are you wanting a divorce in the midst of COVID-19? Though we ‘re all going through a difficult time, understanding how to file for divorce in California is a complicated factor on its own.

Read more for helpful tips.

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Family Law

Finding the Best Divorce Lawyers in Los Angeles

If you’re experiencing a divorce, it’s in your best interest to consider the best divorce lawyers in Los Angeles sooner than later. Finding the right attorney for your needs may be overwhelming, but there are a few things you can do to tackle the process quickly and efficiently. Here’s how to find the best divorce lawyers in Los Angeles.

How to Find the Best Divorce Lawyers in Los Angeles

When couples simply cannot work out their differences, sometimes the best decision for everyone involved is to separate. In fact, separation is so common that around 40 percent of marriages on US soil ultimately end in divorce.

For an action so common, it may surprise you to learn that few Americans truly understand the divorce process and how complex it can be. Issues like financial entanglement, child support payments, custody, alimony, and even the splitting of assets can be immensely difficult to manage. Emotions often run high, making decisions even more difficult.

Fortunately, it doesn’t need to be this way. Working with a divorce attorney ensures your rights are respected at all times, no matter how simple or complex the process becomes. Use this guide to find the best divorce lawyer in Los Angeles.

Related: How to Find a Good Divorce Lawyer

Identifying Specialized Needs

Your first task is to identify your needs – this includes any specialized requirements or unique situational factors that might impact which lawyer you hire.

Think about your divorce and separation. Make a list of all contributing factors and aspects you need to be handled before you can consider the matter finished.

For example, you might include:

Be as detailed as you can – these factors can and will change the type of lawyer you need. For example, a couple who co-owns a business together may need a divorce lawyer as well as someone who specializes in business law. On the other hand, a spouse who has dual citizenship and is divorcing on US soil, but plans to move back to their home country with the children, may need someone who specializes in child custody and international custody arrangements.

Where to Find Divorce Lawyers

Once you have a basic understanding of your own needs, it’s time to use a few online and real-world resources to create a shortlist of options.

First, know that there’s nothing wrong with searching for lawyers online. Try typing “divorce attorneys in Los Angeles” into Google. Browse each result from an actual law firm to see what they offer and whether they might be right for you.

If you don’t feel comfortable searching yourself, you can also turn to a lawyer referral service. These organizations maintain an extensive database of vetted divorce lawyers with a long track record of success. Often, they can take down your information and cross-reference it to identify the perfect match.

Referral services are also licensed by the California Bar, meaning they have to adhere to extremely strict ethical and legal regulations. They can only refer to you a lawyer who truly suits your needs, meaning you can trust their recommendation.

Personal referrals from friends, family members, and even local professionals (such as your accountant) can also be helpful. Don’t be afraid to ask others around you if they’ve used the services of a divorce lawyer, and if so, how their experience was.

Lastly, you do also have the option to contact the California Bar for information directly. The Bar maintains their own in-house referral service to help Californians connect with legal services and/or verify if the lawyers they find are legitimate.

Make a shortlist of the attorneys who seem to best fit your needs. Keep this list with you as you move through the next few steps.

Confirming Quality and Experience

We’ve talked a bit about how to find the names of lawyers. Now, let’s talk about how to verify if a lawyer is truly an expert, as well as how you can be sure they’ll really work to help you through your divorce.

First, research any lawyers thoroughly online, even if you don’t get their name from a Google search. Read reviews from past clients to see if others felt well-served.

A quick note: be careful to take online reviews with a grain of salt. While they can be useful, some may be fake or even malicious. The same is true of positive reviews, too! Try not to write a lawyer off for a single negative review; instead, look for patterns, such as an overwhelming number of negatives to positives.

You can also ask a prospective lawyer for their license number if you have concerns about whether they’re legitimate. Call the California Bar directly and ask them to tell you if the lawyer has a current and active license to practice law. They can also confirm whether the lawyer has any outstanding complaints, lawsuits, or disciplinary actions against them under the Bar.

You should now have a very short list of a few lawyers who are well-suited to your needs. The next step is to schedule a few initial consultations so you can ask questions and get answers before moving forward.

What to Ask During Initial Consultation

Most lawyers offer initial consultations either for free or at a reduced rate. The purpose of this appointment is to allow you to get to know each other and determine whether you can work together effectively.

Ask questions like :

  • Do you specialize in divorce law?
  • Where did you go to school?
  • How much experience do you have?
  • How often do you win a case?
  • How often do you lose a case?
  • How much do you charge?
  • How will we communicate about my case?
  • Will you or someone else in your law firm handle my case?

Related: How Much Does a Divorce Cost in California

These questions may seem simple, but the way the attorney answers them, and how readily they hand over information, can be very telling.

Generally, a divorce lawyer should be more than willing – and more than ready – to provide you with any information you need to make an informed decision. Be cautious of lawyers who dodge questions, refuse to answer, or attempt to tell you why the information is irrelevant. You should feel respected, heard, and valued at all times. If you don’t feel these elements during a consultation, move on.

Categories
Family Law

How to Find a Good California Divorce Lawyer

Divorces are complicated and extremely disruptive to several aspects of life as you know it. Finding the right attorney early can make all the difference. Here’s how to find a good California divorce lawyer.

How to Find a Good California Divorce Lawyer

Sometimes marriages just don’t work despite the best efforts of both involved parties. When the time for separation occurs, it can be extremely stressful and difficult to deal with specifics like separation of assets and custody arrangements.

While parting ways is never easy, having a good divorce lawyer can help you minimize drama and find fair solutions for everyone involved. It can be difficult to find a lawyer while going through a divorce, which is why we encourage people to go through a reputable attorney referral service. This type of legal service can help connect you with the best attorney for your needs.

Do You Really Need a Divorce Lawyer?

Divorce lawyers specialize in handling issues associated with the dissolution of relationships. This includes both marriages and simple partnerships where assets, children, and/or pets must be shared between parties.

Ultimately, if you are ending a romantic relationship where assets, children, or pets are involved, you can benefit from the services of a divorce lawyer.

It is important to note that a divorce lawyer can help you with many areas of law as they pertain to and intersect with relationships and separation. Your divorce lawyer can provide support for any or all of the following:

  • Signing a prenuptial agreement
  • Entering or exiting a business partnership
  • Setting or dissolving retirement plans
  • Managing inheritances before or after separation
  • Fair distribution of property (such as pets, furniture, or houses)
  • Requesting alimony or making changes to alimony orders
  • Arranging custody (full, partial, or joint)
  • Arranging child support payments

As for whether you need a divorce lawyer to navigate divorce and separation, the simple answer is absolutely. Few couples separate without experiencing intense emotion, which can make it difficult to part fairly. Hiring a lawyer to fight for your rights is an important part of protecting your own interests during this process.

Search For Your Options

You know you need a divorce lawyer; what’s next? What’s the best way to actually search for and connect with a lawyer? You have a few options.

  • Ask Friends: Ask your friends and family members who have completed divorce who they turned to. A personal referral from someone you trust can help you ensure you find someone who will truly fight for you.
  • Search Online: Not sure who specializes in divorce law in your local area? Search for terms like “divorce lawyer in [your city here].” Look for lawyers with established websites and positive reviews whenever possible. Keep in mind that online listings almost never paint a full picture – you’ll need to verify the lawyer’s suitability yourself before you hire them.
  • Use a Lawyer Referral Service: Legal referral services help you find and connect with only the lawyers who are best-suited to your case. Generally, you enter basic information into an online form or via telephone. The service then uses special algorithms to generate a list of options from a curated, in-house database of attorneys. This is especially useful for complex cases.
  • Call the California State Bar: Not sure how to find a good divorce lawyer – or maybe even how to search for one? Call the California State Bar and ask for help. You can dial 1-800-843-9053 to speak with a representative.

In the next few sections, we’ll help you better understand how to verify your search results and make the correct final decision.

Ask for a Consultation

Nearly all lawyers offer a short 30-minute to 1-hour consultation for new potential clients. Don’t be afraid to take advantage of this; it’s an excellent way to interview lawyers before you sign a retainer and agree to work with one person.

At your consultation, ask your lawyer to tell you about their past history in court. Include questions about whether they specialize in divorce law, how successful they are (how often do they win?), and whether they can provide references. Good lawyers will be able to answer these questions quickly and easily.

Attorneys should make you feel comfortable, respected, and heard. If at any point you feel pushed, rushed, or outright insulted, walk away and choose someone else to help you with your case. Report any lawyer who tells you to take illegal action (such as parental abduction or hiding from child support payments).

Ask About Secondary Specialties

Is your case complex enough that you need help with other areas of law that intersect with divorce? It may be beneficial to ask each potential lawyer whether they have experience working with those areas of law, too. While they may not truly specialize in these secondary categories, they should at least have a basic understanding.

For example, let’s say you and your spouse own a small corporation. While any divorce lawyer can help you navigate divorce while owning a business, someone who specializes in both divorce law and child custody will be even more helpful.

Similarly, someone who specializes in divorce and father’s rights or alimony is far more likely to be helpful with complex cases. It’s all about finding the lawyer with the right expertise to meet your special custom needs.

Is Your Lawyer Also Serving Your Spouse?

Watch out! This is a red flag for problems. Serving both spouses is considered a conflict of interest, and while some lawyers may be able to do it without bias, it’s frowned upon and even illegal in some areas. You and your ex-spouse must have separate lawyers to ensure your needs are met and your rights are protected without influence from worries about protecting the other side.

There are a few special exceptions to this rule. If you are divorcing amicably, you may decide to have one spouse’s lawyer create and process your divorce papers. This is legally acceptable, but it’s still wise to have your own lawyer review the papers before you sign and agree to the arrangements.

Learning how to find a good divorce lawyer in California is simple when you get help from a legal referral service. Instead of doing all the legwork and verifying on your own, a licensed legal matching service can help you drill down and make the choice much faster. It’s the best way to ensure you connect with the right attorney fast.

Categories
Family Law

How Much Does a Divorce Cost in California

If you’ve been questioning, how much does a divorce cost in California and wanting to learn more about divorce details, then look no further. Read this helpful guide below.

A divorce is unfortunate and usually, the last resort measure taken by unhappy couples. It can be legally done in a simple and straightforward way or it may be a contentious and lengthy affair. Either way, there are costs involved, and they aren’t just financial.

Filing for a divorce can come with a great deal of emotional stress to go along with the financial stress. There can be property issues where there are strong personal feelings and memories at stake. And there can be much more at stake where children and custody issues are involved. Divorce affects entire families.

Divorces may be amicable and uncontested by either party. Or it may be contested by either party. Custody of children can complicate any trial. Alimony is a significant consideration for any divorce with the welfare of children and responsibility for their care a prime area of debate.

Attorneys who get involved may charge different rates and may charge a flat fee, an hourly rate, or a retainer fee. They may handle all the legal proceedings or just part of them.

There may be a need to call experts or professionals and there may be a need for mediation services, all of which can add expense to a divorce.

So the total cost of a divorce is hard to estimate. Surveys put the average divorce in California in the $17,000 -18,000 range (probably considering mostly contested divorces). This includes about $13,000 -14,000 in attorney fees. These numbers are higher than the national average because attorney rates in California are higher as are the typical expenses associated with fees and other legal requirements.

Some attorneys (in other states) charge much less, $1,000-$1,500, for uncontested divorces with no disagreements or issues. Beginning charges for uncontested divorces in California start in the $3,500-$5,000 range.

The discussion that follows will include the key elements in divorces that have a financial impact.

Collaborative Divorce

Expenses are lower if the divorce is an amicable one that is uncontested. It is often called a collaborative divorce. There still are fees for attorneys, court filings, copying and sharing documents, etc. But it is far less costly than a contested divorce.

As noted above, lawyers may charge a minimum of $1,000, on average, for an uncontested divorce. Both parties agree that the divorce is necessary and custody of children is agreed upon. If there are also no disputes over the division of assets, it is possible to file for an uncontested divorce without hiring an attorney. But if any of these issues exist, a divorce attorney would be suggested to aid in navigating the court process.

Some states have a mandatory waiting period before a divorce is final. In California, it is six months. After this period, an uncontested divorce becomes final because there is no need for mediation or further attorney involvement.

Contested Divorce

If either party contests a divorce, it is because they disagree on the principle of divorce itself, or on child custody, or on the division of assets. Some parties just don’t want the divorce to take place at all. That means the other party must seek legal intervention.

The cost of a contested divorce depends largely on the amount of disagreement and level of conflict in the divorce. How many issues need to be settled? How many properties and what value is involved? How many children need consideration and to what extent? Are experts needed for testimony? Can the attorneys for each side come to an agreement on behalf of their clients? Or will a trial be needed?

Arguing points in front of a judge will be costly, with attorney fees going up as long as the disputes continue and until they are settled. A family law judge assigned to a contested divorce will require couples to do everything possible to reach a settlement before needing a trial. Involving the court is costly not only to the couple seeking the divorce but also to the city and state in which the divorce takes place.

Attorney Fees: Hourly Rate vs. Retainer

Family law attorneys across the nation charge anywhere from $150 to $650 on average per hour. In California, the average hourly rate charged by divorce attorneys is about $330 per hour.

Almost all divorce attorneys will bill you on an hourly basis. So, that rate, plus the rate of other staff members, like paralegals, are factored into the total time spent on your case and will determine the attorney’s fees you will be charged.

You should know the attorney’s hourly rates before you agree to a flat fee or retainer. The retainer, which keeps the attorney available and working on your case, might or might not, include most of the filing fees, court fees, correspondence by phone or mail, and personal time interviewing or appearing at any court proceedings or hearings.

If the attorney does all the work, it is called full representation, and if not, it is called partial representation. You can ask your lawyer to manage only some aspects of your divorce case in a limited scope. The attorney may handle just the division of property, or child custody issues or alimony, or may just prepare legal documents or provide advice.

Filing Fees

Fees for divorces vary by state. In Wyoming, the fee is $70. In Connecticut, it’s $350. In California, the filing fee for a divorce petition is $435, and for a spouse filing a response to that petition, it is also $435. There may be additional fees depending on your county.

Filing fees are typically included in the attorney’s retainer fee, which covers his or her time to file the paperwork and time to set up the temporary order hearing which is the framework and timeline for how and when issues will be discussed.

Child Custody Issues

The most expensive divorce in California involves children and such issues as child custody and support. Child custody cases can drive up the cost of the divorce from $17,000 -18,000 to $26,000 -27,000.

It would be great if a couple could agree to a custody schedule but that is not always the case. The court may require a child custody evaluation which is done by a trained psychologist who interviews all parties including the children. If the evaluator works for the county, the cost can be $1,000-$2,500. If the evaluator is a private one, the cost can go as high as $10,000 or more.

Another expensive outcome of divorce is alimony or spousal support. This can be a very contentious subject and expensive to process, with the need to value assets, expenses, debts, insurance, etc. This can take a long time and add a lot to the couple’s legal fees.

With so much at stake, both financially and emotionally, other than a straightforward, collaborative divorce with no children involved, it is wise to seek a family attorney.

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