Are you looking for affordable help filing for divorce in Sacramento? There are many options out there if you need someone to assist you in getting the divorce process started. Unfortunately, many options are not affordable. There may also be a cost difference if you are involved in what will be considered a contested divorce proceeding.
A contested divorce in Sacramento is one where the spouses do not agree on the resolution of the issues involved. The issues could be related to the value or character of the assets involved in the proceedings. For example, there may be personal property involved such as a car or valuable jewelry that one spouse considers to be their sole and separate property while the other spouse believes to be jointly owned. This makes a big difference because the property that is jointly owned is generally equally divided whereas separate property is entirely owned by one of the spouses and the other does not have an interest in the property.
Debt is another issue that may be contested in a dissolution of marriage. In California, all property and debts acquired or incurred during the marriage are community property and the debts are community debts. This is true even where one spouse opened a credit card in their own name only and racked up substantial debt that maybe the other spouse did not know about or did not agree to. There are a few exceptions worth noting.
Where there is a written agreement that property acquired will be the sole and separate property of one spouse, the court will recognize that agreement. Also, where a gift is given by a third party and that gift is intended to be for just one of the spouses, the other spouse is not entitled to that gift. This includes inheritances. As for debts, generally, the only debts that will not be community debts are where there is a written agreement that only one of the spouses will be responsible should they be separated or divorced. Also, student loans are generally not considered community debts unless the result of the education provided a substantial benefit during the marriage.
Spousal support is often contested where one spouse is requesting the court to order the other spouse to provide temporary or permanent support. One spouse may also be requesting the court to order the other to pay their attorney’s fees. Depending on the length of the marriage, the financial situation of the parties, and other factors, the court may order spousal support and attorney’s fees. This is often contested because when a couple decides to split up they generally do not want to give any money to their soon to be former spouse.
Where there are children involved, child custody and child support are often the most contested issues. In California, each parent is entitled to frequent and continuing contact. The Sacramento family court prefers that divorcing parents come up with a parenting plan that meets their families particular needs. This is not always possible which results in the court deciding on a time-share plan for the kids involved. Child support is a right enjoyed by the children and not the parents so where there is a disagreement in child support, the family court will use the guideline calculation to determine what amount will be paid and to which party.
As you can see, there are many issues that may be contested in a divorce in Sacramento. The reason a contested divorce is more costly then an uncontested divorce is that there is generally court hearings and possibly a trial if the issues are unable to be resolved outside of court. Also, where both parties have attorneys, the attorneys will attempt to negotiate an agreement and this usually takes a lot of time.
There is affordable help filing for divorce in Sacramento even where you may not agree on everything with your spouse. A Sacramento divorce mediation attorney can assist in helping facilitate an agreement between the parties. When the agreement is reached, the divorce mediator will often draft the settlement agreement and may even complete both parties documents. A divorce mediator will not be either of your attorneys. They will be a neutral third party. If they do complete your documents, it will be as if you are representing yourself, however, they will be completed so that a court hearing will not be necessary. Most couples that participate in mediation to resolve the disputed matters in their dissolution end up saving quite a bit of money.
If you are filing for divorce and there are no contested issues between you and your spouse, a Sacramento divorce lawyer can help you through the process for much less than you might imagine, especially if they take your particular circumstances into account when quoting you their hourly rate. It is important to keep in mind that some divorces are filed as uncontested and turn into contested matters. Make sure your attorney will be billing you the same rate should your case change courses.
The Law Office of Justin Anton McCrea provides affordable help filing for divorce in Sacramento. Attorney Justin McCrea represents individuals in Sacramento filing for divorce whether contested and uncontested. He is also a divorce mediation attorney. His telephone consultations are always free, so give him a call at 916-601-9441 and he will evaluate your case and quote you an affordable rate based on your particular circumstances.