If you are considering a divorce here in California, it’s natural to want to save money. After all, divorce usually puts both parties in a worse financial position than they were when still a couple. However, searching for a “divorce attorney near me” is always a good idea because, in the end, having a qualified family law attorney on your side as you bring divorce proceedings can actually save you money by protecting your rights and keeping the process moving as smoothly and efficiently as possible.
Why You Should Be Searching for a “Divorce Attorney Near Me” to Help Your Case
California’s Unique Divorce Laws Can Be Hard to Work Through
While California does allow for no-fault divorce, which means you can get divorced without having to prove that one of the spouses is at fault for it, there can still be a lot of complexity to all the proceedings. Most notably, there can be difficulty with community property.
Assets and debts are usually split at 50-50. This is in contrast to some states where the courts attempt to divide things equitably rather than equally. If an equal split would not be fair to you, though, you need the help of a lawyer who can help you explain this and make a strong case for a different split.
In addition, the law generally recognizes that anything acquired during the marriage belongs to both parties. There are only a few exceptions to this, and if you have separate property that should not be included in the divorce, you very much need the help of a lawyer to protect your property. By the same token, if you have a spouse you suspect is trying to hide marital property or who is deliberately wasting it in order to make things more difficult for you, a lawyer can protect you.
Dealing With Complex Asset Division
California’s community property law means that everything from real estate to retirement accounts could be subject to division. Your lawyer will be able to correctly identify what constitutes community vs. separate property, and this can be very tricky when it comes to cases involving businesses, intellectual property, or unique assets, like cryptocurrency.
A lawyer will also have a network of forensic accountants and evaluation experts who can make sure that all the assets have been correctly appraised so your financial interests are protected. In many cases, it’s in the best interest of a couple to come up with their own division of property, and a lawyer can protect your interests in these negotiations and then help you present the agreed-upon division in a way the court is likely to find acceptable.
For Fair Child Custody and Support Arrangements
When children are involved, the stakes are even higher. California courts prioritize the “best interest of the child” in custody decisions, but what this means can be interpreted in many ways.
A divorce lawyer will help you by advocating for an arrangement that reflects your wishes and needs but is framed so it’s easy to see how it is also in the best interests of the child. When it comes to child support, a lawyer can help demystify the guideline calculations that the state uses and how those will apply to you. Whether you are receiving support or are being required to pay it, your lawyer can also represent you if you need to make a modification.
Spousal Support
Spousal support, often called “alimony,” is always a contentious issue in a divorce. It’s not a given that alimony will be paid in a California divorce. It all depends on the length of the marriage, what contributions the two parties made to the marriage, the earning capacity and financial situation of both parties, and the needs of the children and their custody arrangment.
California allows for both temporary and permanent spousal support, and the calculations here can be very complicated. A lawyer with experience in this matter can help you to advocate for the amount of support you truly need. If you’re being asked to pay an unfair amount of support, a lawyer can also help you dig into the situation and show definitively why your burden should be less.
Protection from Domestic Violence and in High-Conflict Divorces
Some divorce cases can be especially difficult because domestic violence is involved. In others, things are just deeply contentious, and it’s almost impossible for the two parties to work together or come to any kind of agreement. An attorney is especially important in both of these types of cases.
When it comes to domestic violence, a good lawyer can not only secure a restraining order on your behalf to ensure your safety but can also be a buffer, taking care of negotiations so that there is no need for you to see an ex spouse in person. Your lawyer will also know how to present these issues to the court in a way that highlights their seriousness. And, depending on the seriousness of the danger, your lawyer will also be able to connect you with resources in the community.
Conversely, if you are being falsely accused of domestic violence by a spiteful spouse, a lawyer can help you defend your rights and innocence and ensure that these false allegations are seen for what they truly are and do not affect issues of child custody or asset division. And in contentious divorces, an attorney is a buffer between the two spouses who can handle communication and negotiation in a way that reduces stress and prevents you from making emotional decisions that aren’t in your own best interests.
Legal Representation in Court
Many divorces are settled out of court in California, and that is always the goal, if possible. Settling the divorce as amicably as possible through compromise and agreement saves everyone money, stress, and time. However, almost every divorce has at least the potential to go to litigation if the two parties simply cannot agree on important issues. At this point, having a lawyer is not just a good idea but absolutely essential.
You will need your lawyer to prepare your case in a way that will be acceptable and compelling. Your lawyer will also handle evidence, show where your spouse is being unreasonable or hiding assets, cross-examine witnesses, and make arguments on your behalf. More mundanely, your lawyer will keep you from making any procedural errors or missing critical legal points that could damage your case or prejudice the court against you. Your lawyer will help you to understand how to put your best foot forward at all times in the courtroom.
Making Modifications to Divorce Orders
It can be very difficult to get a modification to divorce orders, whether those are for spousal support or child custody. Once the court has ruled, it will not be inclined to change that ruling unless there’s some compelling reason to do so. Your lawyer understands what reasons the court will find compelling and how the laws can be brought to bear to make an argument for modification.
Divorce is never easy, but it can be easier than it otherwise would be. Having an experienced lawyer is key to this. Contact us today at The Law Office Of Kevin Lemieux, APC in San Diego, CA for a free consultation.
