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Are You Considering Getting a Divorce?

If you are considering ending a marriage or registered domestic partnership, arming yourself with information is your best first step. A skilled San Ysidro divorce lawyer can show you what will occur during a divorce proceeding and legally who is entitled to what.

The Divorce Process

Filing for divorce is the first step, but there are other options throughout the process. Most divorces have many questions as to the division of property and, if you have children, child custody and child support.

Some couples are able to reach an agreement through mediation, others may have to depend on the judge to make the final decision. While the divorce process will vary by state, you will have to file with a family court in your jurisdiction to obtain a final decree of divorce as well as to request child custody and child support payments. Divorce can be messy, so make sure to arm yourself with a divorce attorney.

How do you file for divorce?

Your state likely has requirements for filing for divorce. For example, some states require you and your spouse to live apart for a certain amount of time before filing. In general, you or another party will serve your spouse with divorce papers, and you will need to file a copy of your paperwork at your local court that handles these matters. Your divorce attorney will be able to walk you through the entire process and address all the details.

How much does a divorce cost?

The final cost of your divorce ultimately depends a great deal on both you and your spouse’s approach to the proceedings. If you can negotiate all of the terms of your divorce without any extended courtroom batters, you will spend much less money than if either of you insists on taking the divorce to trial. The use of outside experts, such as child psychologists and financial experts, will also affect the final cost.

How long does a divorce take?

Again, this depends on how you and your spouse approach the divorce proceedings. If you can easily work out everything, due to no-fault divorce laws, you may be able to complete the process in a few months. Every dispute that needs a judge’s or mediator’s supervision, however, will take time. Court appointments are typically not available on short notice.

Why would you get a legal separation instead of a divorce?

Some couples choose to get a legal separation instead of divorce because of religious beliefs. Others do it for financial reasons, even though they do not intend to get back together. You should be aware that in some states, a legal separation could mean having to deal with property division, child support, and alimony payments. A family law attorney can help you understand your options.

What can you not do in a divorce?

During divorce proceedings, a family court judge may instruct you to refrain from certain actions, such as posting on social media about your spouse. If there are children involved, it’s also a good idea to not use your children as pawns or try to pit them against your spouse. You also may not hide any assets to keep them secret during the property division or alimony determination process.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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