REDLANDS DIVORCE ATTORNEY
NO-FAULT DIVORCE IN SAN BERNARDINO COUNTY, CALIFORNIA
The dissolution of marriage—known as divorce—is quite overwhelming, with many considerations. All too often, emotions are high and the process can have a significant effect on each person’s overall life. Divorce requires a detail-oriented approach to handling the multiple family law issues that are involved.
Key Family Law Issues in Redlands Divorce Cases:
The Law Office of Michael R. Young takes pride in our devotion to understanding your needs and objectives. Our family law attorneys of San Bernardino County have a proven track record of advocating our clients’ rights during all phases of the divorce process, negotiations, and court appearances. We have experienced California lawyers who are familiar with the intricacies of the Redlands and San Bernardino County Family Courts. Let us help you!
AV® rated by Martindale-Hubbell®, our firm is dedicated to excellence. Do not hesitate to call (909) 315-4588 for an initial consultation with a member of our law firm in San Bernardino County, CA.
WHAT IS THE DIFFERENCE BETWEEN SEPARATION & DISSOLUTION?
Legal separation and the dissolution of a marriage are two separate proceedings related to the status of the marriage. Dissolution is the actual termination of the marital relationship.[1] Legal separation, on the other hand, does not actually legally dissolve the marriage, but creates an avenue for determining and resolving each spouse’s financial responsibilities to each other and their children prior to dissolution.[2]
Redlands Divorce Process Explained
Grounds for Marriage Dissolution in California:
- Death of a spouse,
- The judgment of a court decreeing a dissolution of marriage
- Judgment of nullity.[3]
IS CALIFORNIA A NO-FAULT STATE?
California is a no-fault divorce state,[4] meaning that neither spouse must prove that the other spouse was responsible for the cause of divorce.[5] The Legislature eliminated the fault-based system after carefully determining that the changes in the needs of society were compelling enough for dissolution to be based on a breakdown of the marriage relationship, rather than some kind of guilt or fault.[6]
Grounds for Filing for Divorce in Redlands:
- Irreconcilable Differences
- Incurable Insanity
If the dissolution is granted, the San Bernardino County court may still order that the sane spouse continue in providing support for the insane spouse, depending on the circumstances.[11]
Essential Financial Documents for Divorce Proceedings
In addition to the emotional toll that a divorce can take on both you and your children, it can also affect your financial situation. For this reason, if support is requested or if there are disputes concerning the division of property in Redlands, CA, it is important that you keep original or duplicate copies of financial records.
Financial Records to Maintain:
- Checking / Savings Accounts
- Certificates of Deposit
- Security Boxes
- IRAs
- Mortgages
- Deeds
- Stock Brokerage Accounts
- Insurance Policies
- Car Documentation
- Loan Applications
- Credit Card Agreements
- Pensions
- Retirement Accounts
- Mutual Funds
- Wills
- Real Estate Investments
- Tax Returns (5 years)
- Business Documents
Before making a decision on divorce, it's crucial to prepare financially and seek guidance from a skilled Redlands divorce attorney. Our law firm is ready to assist you. Contact us for support.
California Divorce Waiting Period and Residency Requirements
The Legislature has control over marriage, and as such, has complete power to dictate the terms and conditions under which marriage may be dissolved.[12] There are certain residency requirements that must be met prior to filing for divorce. At least one spouse must reside in California for at least six months prior to the divorce, and must reside in their county for at least three months. California also requires a six-month waiting period from the beginning of the case before a divorce may be approved.
This may seem confusing; how is that two people can get married cheaply, effortlessly, and swiftly, but the law governing divorce is seems to be the opposite?
The answer is our courts hold that the preservation of marriage is imperative to maintaining society.[13] While some disagree, the law has decided that there is great importance in preserving the integrity of marriage, to encourage its continued place in society, prevent separation, and encourage reconciliation.[14] While the law does support marriage as a matter of public policy, it also does not impose strict restrictions to discourage divorce where the purpose for continuing the marriage has broken down.[15]
Understanding Spousal Support in Redlands Divorce Cases
California is a community property state, which means that when a marriage is dissolved, all income earned during the marriage is subject to a 50-50 split. However, the division of income does not end with this split of marital income. The court may order one of the parties to pay spousal support to the other party. This support may be ordered to be paid during and/or after the divorce process. There is no set formula as to how the courts determine spousal support amounts and length of time.
Factors Considered for Spousal Support:
- Length of marriage
- Standard of living
- Earning capacity
- Impact on child care
- Age and health of each party
- Debts and tax considerations
- History of domestic abuse
- Professional licenses
- Educational support between spouses
For advice on spousal support and to ensure your interests are protected, consult with our experienced divorce attorneys in Redlands.
Child Custody and Support in Redlands Divorce Cases
Child custody is an emotional aspect of divorce. It is important for both spouses to remember that custody seeks to achieve one result: a situation that is in the best interests of the child. Just as in property division, spouses are strongly encouraged to amicably reach a resolution on their own, keeping in mind that the arrangement must benefit the child and not just the needs of the parents. When parents fail to agree on an arrangement that benefits the rights and support of the child, the San Bernardino County courts will begin to get involved. The court will increase its authority if a settlement is not reached, and may result in the issuance of a 730 Evaluation, which is an invasive, lengthy process.
Child Support Determination Factors:
- Income levels of both parents
- Children's needs
- Standard of living prior to divorce
- Visitation arrangements
Starting the Divorce Filing Process in San Bernardino County
Beginning divorce requires the filing of four forms with the San Bernardino County Superior Court. Obtaining the proper forms can be achieved by purchasing a dissolution form packet from your local Redlands or San Bernardino County Clerk’s Office or from the California Courts website.
Required Forms for Divorce Filing:
- Form FL-100, “Petition”
- Form FL-110, “Summons”
- Local Form, “Certificate of Counsel”
- Form FL-105, “Declaration Under Uniform Child Custody Jurisdiction Enforcement Act”
Next, file the original and two copies of each form with the Clerk’s Office at the Superior Court, along with the $335 filing fee. (This fee may be waived.)
Fee Waiver Application Forms:
- Form FW-001/FW-001-Info - “Information Sheet on Waiver of Court Fees and Costs and Application for Waiver of Court Fees and Costs”
- Form FW-003 - “Order on Application for Waiver of Court Fees and Costs”
From there, you must serve one of the conformed copies of the “Summons” and “Petition” by personal service on the other party, by someone at least 18 years of age.
Discovery Process in Divorce:
- Division of property
- Child custody
- Spousal support
- Child support
In discovery, both sides must provide the other with specific documents and answer any questions presented by each spouse. Additionally, each spouse will be required under law to complete mandatory disclosures known as “Preliminary and Final Declarations of Disclosure.” These disclosures must be completed prior to reaching any settlements or trial.
Learn more from our Redlands divorce information center.
Alternatives to Court Proceedings in Redlands Divorce Cases
Many couples seek to avoid the time and cost of court in San Bernardino County. By working with a skilled divorce lawyer, you can have a representative that looks out for your interests and assists in reaching amicable terms. Whether you choose joint or individual representation, our attorneys can guide you through the process.
Why You Should Consider a Redlands Divorce Lawyer
Filing for divorce in CA is something you can do on your own. However, it is recommended that you at least consult with an attorney prior to doing so, for multiple reasons.
Hiring a lawyer does not necessarily mean increased waiting time and costs. Our family law attorney strategically constructs a plan that aligns with your goals and best interests, providing both short and long-term support.
Advantages of Hiring a Redlands Family Law Attorney:
- Consistent and knowledgeable communication
- Personalized representation tailored to your needs
- Legal representation to match your spouse's
- Discovery of hidden assets
- Handling of legal documents and court paperwork
Divorce is a highly stressful event. Allow us to take the reins and fight for you. Contact us today for a consultation.
Timeline for Divorce in California
California law requires a six-month waiting period from the start of the divorce process before the court may order dissolution.
Due to complexities, the length of time may extend beyond six months. Cooperation is key to resolving a divorce in a timely manner. However, emotions can complicate matters, leading to court intervention. To protect your rights and ensure your best interests are upheld, seek the assistance of the Law Office of Michael R. Young. Our Redlands divorce lawyers are equipped to handle complex cases with over fifty years of collective experience.
Ready to Discuss Your Case? Schedule a Case Evaluation Online or Call (909) 315-4588 Today.
- [1] 33 Cal. Jur. 3d Family Law § 678
- [2] Faught v. Faught (1973) 30 Cal. App. 3d 875
- [3] Cal. Fam. Code § 310
- [4] See Cal. Fam. Law Act of 1969
- [5] See In re Marriage of McKim (1972) 6 Cal. 3d 673
- [6] Diosdado v. Diosdado (2002) 97 Cal. App. 4th 470; In re Marriage of Walton (1972) 28 Cal. App. 3d 108
- [7] Cal. Fam. Code § 2311
- [8] In re Marriage of Walton (1972) 28 Cal. App. 3d 108
- [9] Wirz v. Wirz (1950) 96 Cal. App. 2d 171
- [10] Cal. Fam. Code § 2312
- [11] Cal. Fam. Code § 2313
- [12] Pryor v. Pryor (2009) 177 Cal. App. 4th 1448; but see Sharon v. Sharon (1885) 67 Cal. 185 [stating that the power to grant divorce is strictly judicial]
- [13] Hill v. Hill (1943) 23 Cal. 2d 82; Bowman v. Bowman (1932) 125 Cal. App. 602
- [14] See Rehfuss v. Rehfuss (1915) 169 Cal. 86; Glickman v. Collins (1975) 13 Cal. 3d 852; Hill</