Diligent Divorce Lawyers Serving Yucaipa, California
At Schoenberg Family Law Group, P.C., we understand that contemplating divorce or receiving a divorce petition can be complex and overwhelming. Our firm supports you by offering seasoned and committed Yucaipa divorce attorneys who will address your concerns and advocate for your welfare.
Our Yucaipa divorce attorneys provide exceptional legal support to navigate you through all facets of your divorce, covering areas such as:
- Child custody
- Visitation and parenting schedules
- Child support
- Division of marital assets
- Allocation of marital debts
- Mediation
- Temporary arrangements
- Spousal support
Divorce can be both emotionally taxing and prolonged, with unexpected issues cropping up. Let the Yucaipa divorce attorneys at Schoenberg Family Law Group, P.C., help you navigate the ins and outs of divorce and guide you toward a new beginning. Our lead attorney, Debra R. Schoenberg, holds the title of Certified Family Law Specialist. She has undergone additional education and training and successfully passed a written examination focusing on family law, earning certification from the State Board of Legal Specialists as a specialist in this field.
Helpful and supportive
Debra and team were so helpful and supportive through the most difficult time in my life. Grateful to the team for their advice – would highly recommend their services to anyone needing a divorce attorney.
Reasons for Divorce in Yucaipa
In California, divorce operates under a “no-fault” system, meaning the spouse initiating the divorce doesn’t need to demonstrate wrongdoing by the other spouse.
Typically, divorce filings cite “irreconcilable differences,” indicating an inability to maintain harmony. Because California follows a no-fault approach, the court doesn’t penalize either spouse for marital issues like infidelity.
The spouse who initiates the divorce by filing the initial paperwork is known as the “Petitioner,” while the spouse who receives these documents is termed the “Respondent.” Legally, there’s no inherent advantage to either role, but being the first to file may offer some strategic benefits.
Following the filing, there’s typically a mandatory six-month waiting period before the court finalizes the divorce. However, most divorces extend beyond this timeframe. Even if all matters are resolved swiftly, the court will issue the final divorce decree after six months lapses.
Divorce Requirements in California
To file for divorce in California, at least one spouse needs to fulfill the state’s residency criteria, which include the following:
- Residing in California for the past six months.
- Living in the specific county where the divorce is intended for the preceding three months.
- However, if both spouses have lived in California for at least six months but in different counties for at least three months, they can file for divorce in either county.
There’s an exception for same-sex couples. If they marry in California but reside in a state where same-sex marriage isn’t recognized, they can file for divorce in the California county where they got married.
The Divorce Petition and Response in Yucaipa
The divorce proceedings kick off when one spouse submits a petition to the court. Upon receiving this petition, the other spouse, known as the respondent, has 30 days to file a response addressing the facts stated in the petition.
In California, when a couple has children, mediation is mandatory. This mediation must occur before the initial court hearing. Failure to attend custody mediation could lead to court-imposed fines or penalties.
The Purpose of Mediation
In a divorce case, mediation entails gathering both spouses along with their attorneys (if they have them) and a mediator. The mediator, an impartial third party often with expertise in conflict resolution, like a retired judge or a lawyer unaffiliated with either spouse, is there to aid communication and assist in reaching a mutually agreeable resolution for the divorce proceedings. It’s important to note that while the mediator guides communication and compromises, they don’t have the authority to issue a legally binding decision after the mediation session. Their role is to facilitate communication and encourage compromises to resolve the dispute.
Divorce mediation aims to guide both parties towards a mutual agreement that suits their needs. In a divorce scenario, the objective is to secure an uncontested divorce settlement, sparing both parties from going to trial. Such a settlement must address all aspects of the divorce, covering property and debt division, child custody and visitation, child support, and spousal support. With the help of a mediator, navigating these issues becomes more manageable. Mediators can facilitate discussions and explore innovative solutions that might not have surfaced otherwise, making the process smoother than trying to resolve the dispute alone.
What occurs if a divorce fails to achieve an agreement?
Even after weeks or months of negotiation and mediation some couples find it challenging to reach divorce settlements. In a high-conflict divorce where agreement seems unattainable, the next phase is a trial before a family court judge in Yucaipa.
A divorce trial involves several key steps that you and your Yucaipa divorce attorney will need to follow:
- Disclosures: Both you and your spouse must submit financial disclosure forms and final declarations before the trial, aiding in asset and property division.
- Discovery: This phase entails gathering information about each other’s case. It often includes requests for document production, interrogatories, and depositions.
- Trial: The trial begins with opening statements from both spouses’ attorneys. Each side then presents evidence and witness testimony. The trial concludes with closing arguments.
- Judgment: Following the trial, the judge issues a divorce decree containing orders for both spouses. These orders are final and binding and address matters such as child custody, child support, and alimony.
- Post-judgment issues: Some divorce cases involve additional matters after the judgment, like one spouse seeking to modify an order or change a will. A family law attorney can address these issues following the divorce.
Remember, you can settle your divorce case at any point before the trial begins. Opting for a settlement is generally more straightforward, more cost-effective, and less uncertain than going through a trial.
Working with a lawyer enhances your prospects of reaching a mutually agreeable settlement with your spouse and steering clear of a trial altogether. However, should your case proceed to court, having a Yucaipa divorce lawyer by your side can be invaluable in representing you throughout the trial proceedings.
Actions to Consider Before Filing for Divorce in Yucaipa
Before proceeding with a contentious divorce, it’s essential to take specific steps to safeguard a better future for yourself and your children:
- Secure legal representation promptly.
- If you have children, consider remaining in your current home.
- Refrain from hiding or relocating your children.
- Take your records or property from the marital residence.
- Make duplicates of shared documents and remove them from the home.
- Document all marital assets via video with a timestamp.
- Maintain a journal detailing your daily interactions with your spouse.
- Avoid signing any documents without first consulting with your attorney.
- In cases of domestic violence, contact the authorities and file a report.
Contact our Yucaipa Divorce Lawyer Today
At Schoenberg Family Law Group, P.C., we support and navigate you through every step of your divorce journey. Our Yucaipa divorce attorneys offer the compassion and expertise necessary to help you confidently face your divorce.
We’re committed to fiercely advocating for a fair and just resolution that aligns with your needs and goals. Allow our dedicated legal team to assist you and demonstrate how our experience and professionalism can positively impact your divorce proceedings. Contact us today for a confidential consultation.
