Rancho Cucamonga Divorce Lawyer
Efficient, Custom Solutions for Marriage Dissolution in California
Divorce can be complicated, messy, and frustrating – but when you have a skilled advocate by your side throughout the process, you can be confident that your best interests will be protected.
The Rancho Cucamonga divorce attorneys at Chung & Ignacio, LLP are here to make sure you navigate your divorce with ease. We understand how difficult this time can be and are familiar with the legal obstacles that are often involved.
Don’t go through divorce alone! Reach out to our divorce lawyers in Rancho Cucamonga today to set up a FREE, private consultation. Se habla Español.
Divorce vs. Legal Separation in California
Many times, people come to us unsure if they even want to pursue a divorce. They're just thinking about it. So, if you find yourself asking the question "should I get a divorce?," then you are not alone.
However, if you are ready to go your separate ways, then which option is right for you?
|Cost||Contingent on length and venue||Contingent on length and venue|
|Children||Parenting time, child support||Parenting time, child support|
|Remarriage||Can remarry||Cannot remarry|
|Insurance||Lose ex’s insurance plan||Keep insurance coverage|
|Taxes||Cannot file jointly||Can file jointly|
|Benefits||Could prevent spousal SSD benefits||Qualify for spouse SSD benefits|
|Residency||Requires 6 months’ residency||Current residency only|
Cost for both divorce and legal separation is contingent on both the length of the process and the court you are going through, both of which vary from case to case.
According to the State Bar of California, in both legal separation in divorce, courts can issue orders relating to child custody, visitation, and child support. When it comes to children, divorce and legal separation offer the same options.
If you obtain a legal separation, you cannot legally remarry. Whereas if you obtain a divorce, you are legally free to get remarried.
A spouse who is covered by their husband or wife’s insurance plan would lose coverage upon divorce, whereas with legal separation, a spouse may continue to be covered by their insurance.
There could be tax benefits to filing jointly as a married couple, which if you got a legal separation, you could maintain. If you divorced, you would lose the ability to file jointly on your taxes.
Spouses who are married for ten years or longer could qualify for Social Security Disability benefits under their husband or wife, provided they do not get remarried.
In order to obtain a divorce in California, either spouse must have lived in California for the past six months, as well as three months in the county in which the divorce will be filed. For married couples to obtain a legal separation, all it takes is for one party to be currently residing in California. If you and your spouse do not want to wait to fulfill residency requirements before separating or getting court-ordered custody, child support, and the like, legal separation may be a desirable option. If certain requirements are met, legal separation can later be changed to a divorce.
Choose Our Divorce Attorneys in Rancho Cucamonga, CA
Dissolving a marriage is often a very emotional and challenging process, even if both parties are in agreement on a majority of issues. Our team at Chung & Ignacio, LLP understands the divorce process in California and is ready to advocate on your behalf.
When you come to our Rancho Cucamonga divorce firm, you get:
- Legal solutions tailored to your specific needs
- Dedicated counsel every step of the process
- Personalized, one-on-one attention
- Years of insight and experience behind your case
Having a solid divorce lawyer on your side can make all of the difference in the outcome of your divorce. From the beginning stages of preparing you for divorce, to addressing issues of child support, to navigating the legality of prenuptial agreements, our firm is here for you through every aspect of the process. More than that, we make sure your rights and interests are made a top priority.
Don't just take our word for it. Read what some of our clients have to say about working with us.
Providing Counsel for All Types of Divorce in Rancho Cucamonga
Our divorce lawyers are passionate about helping every individual we represent get the best possible outcome in their cases. Whether we are guiding our clients through a divorce or advocating for them in civil matters, our team is reliable, reputable, and ready to fight.
We can protect your interests through the following matters:
When you have our firm on your side, you can have peace of mind knowing your divorce is in qualified, trusted hands. We are relentless in our pursuit of a favorable outcome on your behalf.
How to Serve Divorce Papers in California
As couples navigate the divorce process, there is a point when the spouse filing for a divorce must serve papers to the other spouse. This is the start of the process and the spouse who has been served will have 30 days to file a response.
- What happens, though, when the spouse who receives the papers does not respond?
- What must be done by the filing spouse to make sure the remaining steps go smoothly?
If you have served your spouse with the divorce papers and they did not file a response —and you do not have an agreement — this is referred to as a true default. It doesn’t prevent the filing spouse from moving forward with the divorce. In fact, it means that the spouse who failed to respond to the divorce papers has given up their rights to have any sort of say in the proceedings. The filing spouse may continue with the divorce and state their case. The filing spouse will be able to request to enter default and file for a declaration of default that would allow them to move forward.
What Does Default Mean in Divorce?
It is not very often that a default divorce occurs, but they do happen. When they do, it is important to understand your rights moving forward and know what happens. A non-response by the spouse who has been served may grant the filing spouse the ability to get a divorce based on fault.
This doesn’t just impact the divorce process, but it can also change the way other things are handled such as child custody, child support, alimony, and property division. The judge may make a decision based on the information they receive from the spouse who filed for divorce.
One thing to note if you are the one who filed for divorce, the other spouse must have received the actual papers. This means if the papers were never served, then the default will not count against them. At Chung & Ignacio, our team is backed by extensive experience in the areas of divorce and family law. We understand default divorces in California and the way these types of cases are handled in the courtroom, and what they mean for both the filing spouse and the respondent.
Finding the right lawyer to take on your divorce in can be challenging, but Chung & Ignacio, LLP makes it as simple as possible for you. We go above and beyond to secure a fair resolution of your divorce, whether it includes heated child custody matters or complex property division disputes. As divorce attorneys in Rancho Cucamonga, we are your advocates in and out of the courtroom.
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