Premier Rancho Cucamonga Divorce Lawyers

Divorce is a difficult and emotional time for any family. The Law Office of Soheila Azizi & Associates, P.C., are proud to come up with unique solutions that work for you and your family, and our attorneys are committed to open, honest communication throughout the process.

Whether it’s mediation, alternative dispute resolution or traditional divorce litigation, our family law attorneys will work with you to come up with the right solution in your situation. To speak with one of our California divorce lawyers today, call us 909-259-1761 or contact us online to schedule your initial consultation. We are proud to be your law firm for life.

The California Divorce Process

California is a “no-fault” divorce state, meaning one spouse does not have to prove that the other did anything wrong in order to obtain a divorce. Rather, one can obtain a divorce by simply citing “irreconcilable differences” in the marriage.

Many couples seeking divorce want the process to be over quickly so they can move on with a fresh start. But unfortunately, California laws don’t always make that a possibility. There is a mandatory waiting period of six months before a California divorce can become final. The entire divorce process can take much longer than six months, depending on all the factors involved in the divorce, but it cannot take less than six months.

There are four main steps to obtaining a divorce or legal separation in the state of California:

• File forms: The person seeking the divorce or legal separation must file two to three forms to start the divorce process, depending on whether or not there are children in the marriage. An experienced family law attorney can help you find and complete these forms, which a court clerk will stamp and return to you when complete.
• Serve the forms: The person seeking a divorce must serve the other spouse with all the forms. The person serving the forms must be 18 years of age or older, and he or she must file a “Proof of Service of Summons” describing how and when the respondent (the other party in the divorce) received the documents.
• Compile and disclose financial information: Within 60 days of filing the petition for divorce (or at the same time the initial forms are served), the person seeking the divorce must fill out three to four financial documents and collect tax returns filed in the past two years. These financial forms must be served on the respondent, and if the respondent files a response, he or she must also complete the same forms (within 60 days of filing the response). This 60-day time limit can be extended only by court order or written agreement between both parties. Since California is a no-fault divorce state, it is not required that both parties participate in the process; in other words, if the respondent does not serve financial disclosure forms on the petitioner, the petitioner can still proceed with the divorce process.
• Finish the divorce either in or out of court: Depending on the circumstances of the divorce and how each side has responded, things can end in one of four ways.

You can trust our firm, The Law Office of Soheila Azizi & Associates, P.C., to guide you through the process.

Litigation Versus Mediation

In the eyes of the state, a California divorce can end in four ways. But when working with the right attorney, there are a multitude of options for settling your divorce, both in and out of court.

The four legal outcomes depend on the actions of both parties and their ability to agree on the terms of the divorce:

• No response and no written agreement: Also known as a “true default case,” this occurs when the respondent (the person who did not file the initial petition) does not file a response and there is no written agreement in place for how to divide assets, child custody and other considerations. In a true default case, the petitioner waits 30 days after the petition is served, and then he or she (with the help of a family law attorney) prepares a proposed judgment. This proposed judgment will include considerations for child custody, child support, alimony/spousal support, and division of property and shared assets. If all the forms are filled out correctly, there is no need for a court appearance, and the judge will sign the judgment without either party having to appear.
• No response and a written agreement: Also known as a “default with agreement,” this occurs when the respondent does not respond to the petition within 30 days, but there is a prenuptial agreement or other written agreement in place. If this is the case, you will need to make the agreement official (if it is not already), fill out a number of forms and complete financial disclosures. Just like a true default case, if the forms are filled out correctly, there is usually no need for a court appearance.
• Response and no written agreement: Also known as a “contested divorce,” this occurs when the other spouse files a response to the petition and there is no written agreement in place for how to proceed. This generally means that both parties do not agree on how to divide property, how to determine custody and visitation, how much spousal support is appropriate, and other issues. (If you are able to agree on certain issues and not others, you can have the agreed-upon issues turned into a written agreement and have the judge decide the rest.) In contested divorce cases, it may be best to pursue mediation or another form of dispute resolution; this allows you to have much more control over the process, save yourself time and money, and not leave important life decisions up to a judge. Most courts require parties in a divorce to attend some sort of settlement conference before the case is taken to trial.
• Response and written agreement: Also known as an “uncontested divorce,” this occurs when the other spouse files a response to the petition and there is a written agreement in place about the divorce or separation. This is also known as a “stipulated judgment” because both parties can agree to certain aspects of the divorce, which are put into a written agreement called a stipulation. This stipulation, once reviewed by an attorney and notarized, can be presented to a judge for signature, at which time it becomes a legally binding agreement.

If both parties are willing to work together to resolve certain differences, mediation or arbitration may be a better option than traditional divorce litigation. Mediation is a less expensive, less formal and more amicable alternative to the stress and contention of divorcing in court. Mediation allows divorcing spouses to minimize the friction involved, and it allows both sides to save valuable time and money during the divorce process.

Determining Spousal Support (Alimony) In California

Spousal support is often one of the most disputed issues in a California divorce, particularly in longer marriages or where one spouse earns substantially more than the other. Courts may award temporary support while the divorce is pending and longer-term support after the judgment depending on the circumstances.

California courts generally consider several factors when determining support, including the duration of the marriage, each spouse’s earning capacity, the standard of living established during the marriage, age and health, and whether one spouse may need time to become financially independent. In marriages of long duration, support may remain a significant issue well after the divorce is finalized.

Because support orders can have a lasting financial impact, it is important to approach this issue strategically from the outset.

Understanding High-Asset Divorce

High-asset divorce cases require careful attention to complex financial issues and detailed asset review. These matters often involve more than bank accounts and family homes, and may include businesses, stock options, retirement accounts, investment portfolios and multiple real estate holdings.

Our attorneys work with clients to address complex property division issues such as:

• Business and professional practice valuation
• Division of stock options and deferred compensation
• Retirement account division and QDRO preparation
• Forensic accounting review where necessary
• Identification of hidden or undisclosed assets

In higher-value divorces, financial transparency is critical. When necessary, outside financial professionals and forensic accountants may be used to trace income, review records and uncover assets that may not have been fully disclosed.

A careful financial review helps protect your long-term interests and supports a fair division of marital property.

Learn More About Post-Divorce Family Law Modifications

Even after a divorce is finalized, circumstances can change in ways that require court intervention. California law allows certain family law orders to be modified when there has been a material change in circumstances.

This may include:

• Modifying custody and visitation orders
• Changing child support or spousal support amounts
• Relocation and move-away requests
• Enforcement of existing court orders

Whether your financial situation has changed, custody arrangements need to be updated, or the other party is not complying with an existing order, timely legal action is often necessary.

Our attorneys assist clients with post-divorce modifications and enforcement matters throughout Rancho Cucamonga and San Bernardino County to help keep court orders aligned with current family needs. Prompt action can make a meaningful difference in these matters. Addressing changes early helps protect parental rights, financial stability and the long-term best interests of your family moving forward.

Contact An Experienced San Bernardino County Divorce Lawyer

No two divorces are the same, and as such, you deserve a unique solution. Our family law firm is proud to use a variety of problem-solving techniques, including mediation, collaborative divorce, arbitration and alternative dispute resolution. We are committed to using a variety of communication techniques and problem-solving strategies to work toward a solution that all parties are satisfied with.

But sometimes, there is simply no common ground to be found. Our California family law attorneys have vast experience in traditional divorce litigation, and we are committed to protecting you and your children’s rights. We are prepared to handle your case with respect, compassion and dedication.

In this difficult and emotional situation, your family deserves an attorney you can count on. For more information about California divorce or to get the process started today, work with The Law Office of Soheila Azizi & Associates, P.C. We pride ourselves on coming up with creative solutions for different family situations, and we are your law firm for life. Call us at 909-259-1761 or send us an email explaining your legal issue