How Long Does a Divorce Take in California?

March 25, 2021

San Jose Divorce Lawyer Discusses Factors That Lengthen Divorces

The cost of a divorce in California varies depending on the circumstances. Each case is going to be different. The same is true for how long a divorce takes to conclude in California. Many different factors can influence the length of a divorce – especially in cases where both former spouses are contesting the terms of the divorce.

However, there are additional factors, such as issues involving property division, that may also increase the length of a divorce. Below, our San Jose divorce lawyer discusses situations where a divorce may take longer.

Factors That Lengthen a California Divorce

Perhaps the greatest factor that can lengthen a divorce is when two former spouses cannot agree on the terms of a divorce. Common reasons spouses fight include:

  • Child custody. Child custody agreements can be a source of contention in a divorce. Parents may be unable to agree on how to divide time spent with their children.
  • Child support. The court may order one parent to pay child support. Depending on the payment amount and other circumstances, parents may fight over the monthly payments.
  • Alimony. Like with child support, spouses may be unable to agree on payments for alimony. Alimony is also called spousal support.
  • Property division. In a contested divorce, there are often disagreements over property ownership rights.
  • The overall level of complication. Certain factors can complicate a contested divorce. For instance, certain financial matters can affect the length of a divorce. A contested divorce may take longer if one spouse is hiding assets. Complex assets can also affect the length of a contested divorce.

The more combative spouses are, the longer the divorce is likely to take. Fighting over every aspect of the divorce typically means more court hearings or meetings with family law attorneys.

What Happens When I File for Divorce in California?

Once you file for a divorce in California, you enter a six-month waiting period. The waiting period is in place to give couples one more chance to repair a broken marriage. What happens next depends on the circumstances. During this time, you may seek temporary orders to resolve issues surrounding child support or custody.

If your spouse ignores the divorce petition, then the court may enter a default judgment. On the other hand, the court may issue a judgment after a trial if you and your spouse cannot agree to the divorce terms.

It may take only six months to finalize a divorce in cases where spouses can agree on matters surrounding their separation. When former spouses fight over every little detail, whether it be over child time-sharing or alimony payments, divorces may take longer.

Contact Our San Jose Divorce Lawyer For a Consultation

If you have specific questions about divorce in California, then call our San Jose divorce lawyer for a consultation. You can schedule a consultation with us by dialing (408) 404-8656 or by using the case review form on our site.

How Much Does Divorce Cost in California?

December 9, 2020

San Jose Divorce Lawyer Explains What Affects the Cost of Divorce

It is quite common for family law attorneys to receive questions about how much a divorce costs. In California, and most likely anywhere else, the cost of a divorce depends on the situation. There are many different factors that can affect the cost of a divorce in California. Unfortunately, there is no way to determine how much a divorce costs at the onset of a case.

Factors That Affect the Cost of Divorce in California

Below, we list factors that may affect the cost of your divorce. However, contested divorces are more likely to be expensive than uncontested divorces. This is because one or both parties disagree on the potential terms of a divorce, such as child support or dividing certain properties or assets.

● Disagreements over property. One or both parties may have disagreements over the worth or ownership rights of assets and properties. Disputes could lead to additional court proceedings, which may prolong the divorce process and legal costs.

● Whether children are involved. Child custody or child support issues may prolong the divorce process. Parents may fight over custody or child support orders. As with many disputes during a divorce, this could mean additional court hearings and time spent resolving the dispute.

● Disagreements over alimony. Alimony, or spousal support, may be a factor in some divorces. Like with child support orders, one party or both parties may have disagreements over the amount of alimony provided.

These are only a few common examples of issues that may prolong a divorce and increase its costs. Couples who are prone to fighting over small details or couples with complicated finances or assets may run into more issues during the divorce process. The length and costs associated with a divorce vary on a case by case basis.

Why Do Contested Divorces Cost More and Take Longer?

The simple answer is: contested divorces mean more work for a family law attorney. Your attorney may need to spend time on tasks like discovery, which could include gathering documents or other information related to a case. For instance, if your ex-spouse is hiding assets that could be included in the divorce, then your attorney may need to work to uncover those assets.

In a contested divorce, your attorney would need to represent you at a greater number of hearings and may need to file motions on your behalf. Additionally, your attorney needs to negotiate a divorce settlement to resolve any lingering disputes.

Future blogs will discuss more information about the length of a divorce in California. Keep in mind, there are also unique circumstances in the hellish year that is 2020. COVID-19 could continue to affect court proceedings. As more cases spread, Santa Clara courts, and public facilities in general, may be more difficult to access.
Contact Our San Jose Divorce Attorney for More Information

Do you have questions about the cost of divorce in California? We encourage you to reach out to us. You can schedule a consultation with San Jose divorce lawyer Nick Cvietkovich by dialing (408) 404-8656 or by using the contact form on our site.

How to File a Restraining Order in California

March 30, 2020

Deciding to file a restraining order is not easy. You may need protection but may not know where to start. How can you protect yourself and your loved ones quickly? What type of restraining order do you need? Do you know how to file a restraining order in California? Fortunately, filing a restraining order is easier with an experienced family law attorney on your side. Your attorney can help you through this difficult time and protect you and your family.

Types of Restraining Orders in California

There are three main types of restraining orders in California. These restraining orders prevent individuals from coming close to you for specified amounts of time. Understanding these restraining orders is important when filing.

Emergency Protective Order

Only a law enforcement officer can request an emergency protective order. This most often occurs after police enter a property for domestic violence. If the officer has reason to believe that domestic violence occurred, they can file an emergency protective order. A judge issues this order and it is enforceable for one week. This order prevents the abuser from re-entering the home, even if they share this home with the victim.

Temporary Restraining Order

You can apply for a temporary restraining order if you are in immediate danger and need protection. These orders typically last from 20 to 25 days. In the end, you must attend a hearing to determine whether the judge will issue a permanent restraining order. A temporary restraining order offers immediate and quick protection from abuse and harm.

Permanent Restraining Order

Once a temporary restraining order expires, a judge will decide whether to issue a permanent restraining order. During the hearing, the judge will review the details of the case and determine if the person asking for protection is in danger. If a judge issues a permanent restraining order, the length of protection time varies. A domestic violence restraining order is valid for five years. A civil harassment restraining order is valid for three years.

How to File a Restraining Order in California

Before filing a restraining order in California, it is important to seek legal help. Our San Jose restraining order attorney may be able to help you during this time. There are many steps involved in filing a request for a protection order. It is important to file the correct paperwork. In general, there are several steps for filing a request for a restraining order. These steps may include:

Step One:

Fill out various court forms including, but not limited to:

  • Request for Domestic Violence Restraining Order (DVRO)
  • Notice of Court Hearing
  • Temporary Restraining Order
  • Request for Child Custody and Visitation Orders
  • Child Custody and Visitation Order
  • Request for Order: No Travel With Children

Step Two:

File court forms with the court.

Step Three:

Have the restrained person served papers.

Step Four:

Attend the court hearing.

Contact Our San Jose Retaining Order Attorney for Help

If you need to file a restraining order, it is important to know what to do. This is often a difficult decision and one you should never face alone. As such, it is important to find an experienced San Jose restraining order attorney to fight for you.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer free consultations to help you during this stressful time. Our lawyer will meet with you to discuss your future and help answer all of your questions about your restraining order. Call us today at (408) 404-8656 or fill out our online contact form. We are here when you need us.

Five Reasons a Judge Might Order Spousal Support in California

October 15, 2019

Divorce proceedings are always difficult, particularly when it comes to finances. Will one spouse get spousal support in California? How much spousal support should be awarded? And how is that determination made?

Below, we discuss five factors a judge considers when granting spousal support in divorce proceedings. Keep in mind that the court looks at many factors when determining spousal support. Our San Jose divorce attorney can help you understand California spousal support laws.

Reason #1: Existing Needs and Standard of Living

During the financial part of divorce proceedings, the court will look at many factors. These factors include the debts, income, available resources and needs of each spouse.

The court considers how much support each spouse needs to maintain the standard of living established in marriage. If one spouse clearly has more needs than the other spouse, some form of spousal support, or alimony may be awarded. The court also looks at whether the supporting spouse can handle payments.

The court considers how much support each spouse needs to maintain the standard of living established in marriage. The court There are several types of spousal support in California. The most common is regular spousal support payments.

It is important to note that the court considers the needs of both spouses equally. This is regardless of gender. The system relies on a series of requirements that fairly represent both parties.

Reason #2: Household Contribution and Earning Capacity

Another important factor when determining spousal support in California is household contribution. How much did each person contribute during the marriage? If one spouse contributed much more than the other, they may seek a refund.

For example, if one spouse handled the car payment and rent while married, and the other spouse was capable of assisting but did not, that spouse could be required to return some of the money that supported them.

Reason #3: Length of Marriage

The court will often consider the length of marriage in determining spousal support. Throughout the marriage, one spouse may have become more reliant on the other spouse. This could be due to shared children or an adjustment to a different standard of living.

The more dependent spouse must have an appropriate amount of time to adjust to a new reality. For example, if the couple spent two decades together, the support might last for ten years. If the couple spent less than two years together, it might last for less than six months.

Reason #4: General Health

If one spouse has significantly poor health, he or she may have a better likelihood receiving spousal support. This can depend on the severity of existing health problems. It may also depend on when these problems began and treatment frequency.

Reason #5: Employment and Ability

Finally, a judge may consider the employment history of both spouses. Employment history is important to look at each spouse’s earning potential moving forward.

If one spouse is more dependent, will he or she have the ability to maintain a full-time job that offers the same standard of living? And, if so, how long will it take for the dependent spouse to find such a job?

Contact an Experienced Divorce Attorney for Assistance

Do you feel that you might need spousal support? Again, these are only a few factors the court considers when awarding spousal support in California. Understanding California spousal support laws can help you get the help you need.

For professional representation, contact our San Jose divorce lawyer at the Law Offices of Thomas Nicholas Cvietkovich. Call us at (408) 404-8656 or fill out our online contact form.

Pets Are Finally Family Under a New California Divorce Law

December 7, 2018

California pet parents rejoice! Governor Brown signed Assembly Bill 2274 (AB 2274), which will amend California’s Family Code in concern to how family pets are treated in court during a divorce or separation.

Currently, when a couple legally divorces or separates, our furry friends are not given too much consideration. They are treated as community property meant to be divided equally, but pet parents everywhere know that their pets are not the same as their coin collection or dining room table.

Usually, whoever is on their pets’ adoption certificates or sales receipts is granted ownership. However, under AB 2274, pets will be given more consideration. Though technically pets will continue to be termed community property by law, they will be treated more like children. Going into effect on January 1, 2019, a judge may use a pet’s wellbeing as a factor when granting pet custody.

Pet owners will be granted sole or joint ownership of their pets depending on factors like who spends the most time with them, feeds and walks them, and takes them to the veterinarian for checkups.

In addition, if formally requested by one or both parties, a judge may require one party to care for the pets during the divorce process. Whoever is assigned will be required to provide shelter, food and water, veterinary care and safety to their pets until the divorce finalization. However, it is important to note that whoever is assigned custody during the divorce process may not be granted custody during the divorce finalization.

You can read AB 2274’s full text on the California Legislative Information website.

Need a San Jose Family Law Attorney?

If you have questions about how this new law could affect your divorce case or any other questions about California’s community property laws, we recommend that you speak with an experienced, family law attorney. Contact the Law Offices of Thomas Nicholas Cvietkovich at (408) 404-8656 or online to schedule a free consultation.

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