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.
On This Page
- Divorce vs. Legal Separation in California
- Grounds for Divorce and Requirements
- Dissolution vs. Divorce
- The Divorce Process in California
- How to Serve Divorce Papers in California
- What Does Default Mean in Divorce?
- How Our Divorce Lawyers Can Help
- Divorce Issues Our Team Can Help With
- How Does the Divorce Process Work in California?
Don’t go through divorce alone! Reach out to our divorce lawyers in Rancho Cucamonga at (909) 726-7112today 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. Seek legal advice from one of our Rancho Cucamonga divorce attorneys and weigh your options.
However, if you are ready to go your separate ways, then which option is right for you?
| Divorce | Legal Separation | |
| 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
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.
Children
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.
Remarriage
If you obtain a legal separation, you cannot legally remarry. Whereas if you obtain a divorce, you are legally free to get remarried.
Insurance
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.
Taxes
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.
Benefits
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.
Residency
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.
How Does the Divorce Process Work in California?
As you and your spouse start to grow apart and consider divorce, you may start to wonder where you would even start and what the process entails. It’s completely normal to feel confused, as the divorce process can be very complicated and there are a number of factors you must consider.
Our Rancho Cucamonga divorce attorneys understand how the divorce process in California works. We are well equipped to help you through every stage of the process and answer your questions so you are never feeling lost about what happens next.
Grounds for Divorce and Requirements
In a number of states, the spouse filing for divorce must provide a grounds for divorce in which the other spouse is considered at fault. This could be something such as abandonment or adultery. In California, the dissolution of marriage can be granted even if nobody was at fault. The couple can claim irreconcilable differences and this would be enough for the court to grant the dissolution. This is usually after a couple has tried to save the marriage but determined that it is broken down beyond remedy.
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.
How Our Divorce Lawyers Can Help
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 of Rancho Cucamonga divorce attorneys at Chung & Ignacio, LLP understand 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.
Divorce Issues Our Team Can Help With
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.
Don't just take our word for it. Read what some of our clients have to say about working with us.
Divorce FAQs
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 909-726-7112 today!
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How Do I Know if I Will Be Able to Get Spousal Support in a Divorce?The court determines which partner is eligible to receive spousal support based on a certain formula, which includes the length of time of the marriage, the earning capacity of each partner, and the lifestyle changes that will be faced when the marriage is dissolved. A marriage over 10 years is considered a marriage of long duration and one ex-spouse may be required to pay spousal support for the life of the other person, or until remarriage. In some cases, neither party will be awarded spousal support. In other cases, there is temporary support ordered by the court while one ex-spouse is retrained to increase their ability to earn a living. If you are concerned about spousal support, contact a Rancho Cucamonga divorce lawyer from Chung & Ignacio, LLP.
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How Can I Be Sure That I Will Get Custody of My Children?In our state, the court will focus on the best interests of the children. They usually look for a solution in which both parents can spend time with the children, whether in visitation or shared custody. When there are factors that are a danger to the child or children, such as drug use, alcoholism or other factors, the court will likely determine that the parent exhibiting these behaviors will have certain restrictions and would likely not get physical custody. Accusations regarding drug, alcohol or other factors must be fully documented and proven in such cases.
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Is There Any Way to Avoid a Court Case in a Divorce?If you and your ex are able to resolve all the vital matters of your divorce, including child custody, child support, visitation, property division and spousal support and can do so without intervention, you have the option to pursue an uncontested divorce. This also allows you to avoid exposing your personal business in open court. These divorces must have the agreements fully and correctly documented for the court.
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How Long Before a Divorce Is Final?The state requires 6 months after the divorce papers have been served.
Call Chung & Ignacio, LLP for Qualified Representation
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.
Interested in discussing your case with a divorce lawyer in Rancho Cucamonga? Call (909) 726-7112 or fill out a free case evaluation form to tell us more!
