Rancho Cucamonga Divorce Lawyer

Efficient, Custom Solutions for Marriage Dissolution in California

divorceDivorce 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 at (909) 726-7112 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?

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.

In order to file for divorce, one of the spouses must have been a California resident at a minimum of six months. Any less than that and the divorce petition may not be filed. In addition, it is required that you must live within the county in which you file for a minimum of three months prior to filing the petition. This is the beginning of the process for divorces in California and making sure you are eligible to file is the best place to start.

Dissolution vs. Divorce

In certain situations, a couple may qualify for summary dissolution, or a simple divorce. Dissolution is applicable for couples who have been married fewer than five years, don’t own real estate, have no children, and have limited debts and / or property. In a simple divorce, both spouses create their own agreement regarding property and debt division for filing. There are no extra procedures that you have to take and court is not necessary.

The Divorce Process in California

In situations where a simple divorce is not applicable, there are various steps you must follow to file for divorce.

  1. The person who files for divorce must serve the other person with the paperwork informing them of the action. A party unrelated to the case must serve the papers; it cannot be the person who files for divorce. The individual who serves the papers would need to document that the paperwork was actually given to the other spouse.
  2. The respondent must file a response to the petition within 30 days. In some cases, the responding spouse may either refuse to respond to the petition or the server may not be able to locate the spouse. In these cases, other action may be taken and the court may make a decision without the response.
  3. One of the parties may file for an Order to Show Cause hearing in which they would be able to request temporary court orders. The judge will be able to make temporary orders regarding child support, custody, alimony, visitation rights, and more.
  4. The discovery process begins and the spouses will exchange information regarding finances, property, assets, and more. During discovery, the preparation of the Preliminary Declaration of Disclosure is required. This form is provided by the court so spouses can list the property that is considered separate or community. The spouses must also exchange income and expense declarations.
  5. After discovery, all parties — spouses and attorneys — discuss the possible settlement of the case. If the two spouses can reach an agreement during the settlement phase, one of the attorneys can prepare the Marital Settlement Agreement. The spouses and their attorneys will sign the contract to help make it official.
  6. If the two spouses can’t reach an agreement regarding all of the issues involved, the next step would be for them to go to trial. It is advisable for the couples to reach an agreement on the factors of the divorce as going to trial would put the judge in charge of your divorce.
  7. After the settlement or trial, one of the attorneys will get the Judgement of Dissolution of Marriage ready. This contains all of the court’s orders and the agreements regarding support, custody, and more. After the judgment is filed, a Notice of Entry of Judgment is mailed to each attorney by the court.

It is important to know how complex the divorce process is and why it is beneficial to have legal assistance during these matters.

Contact Chung & Ignacio at (909) 726-7112 today to speak with our Rancho Cucamonga divorce lawyers about your case.

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 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.

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.

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!

What Sets Us Apart

The Chung & Ignacio Difference
  • Compassionate in Our Approach

    We have a reputation for providing compassionate and reliable representation.

  • Dependable Communication

    Our team will keep you informed every step of the way.

  • Unique Attention

    You will get personalized legal counsel tailored to your case.

  • Experienced Legal Care

    We have over 50 years of collective insight and experience.

  • Successful Trial Lawyers

    We are backed by a long-standing history of trial success.

  • Free Consultations

    We will begin the process with a free consultation.

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