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Divorce Lawyer in San Bernardino CA

Going through a divorce is a stressful time, no matter if each spouse is in complete agreement about the terms of the divorce or not. California is a “no-fault” state when it comes to divorce, meaning that there does not need to be proof of one or both spouses being at fault for the termination of their marriage. While this makes it a bit easier to get the process started, it does not mean that the entire process is smooth and simple. In fact, no matter how straightforward a divorce may seem from the outset, you can be certain that there will be many different stressful steps and decisions that both you and your spouse will need to make in order to settle this case and move forward with your lives.

Working with a divorce attorney is the most important step that you can take, whether you and your spouse have decided to move forward with a mediated divorce, a collaborative divorce, or if you believe that you will need more aggressive tactics in order to complete this process. The team at Lindsey Law A.P.C. is available now to help get you the support that you need.


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Read more below to get a better idea of what you can expect from the divorce process. The following information is intended to give you a general sense of the steps you will need to take, but no two divorces are alike, and your process may vary depending on a variety of the unique factors of your marriage.


What Are the Steps For a California Divorce?


These steps are highly general, meaning that your situation may differ. We will need to speak directly about your case today so that we can decide how best to move towards the outcome that works for both you and your spouse.


Contested or Uncontested Divorce?


You will be able to do either a contested or uncontested divorce, depending on the willingness to work together between you and your spouse.


Uncontested Divorce


An uncontested divorce is one where you will submit all of the completed steps to the courts and will not require any legal intervention to reach an agreement. You may decide to either take a mediated approach, where you will work with a third-party mediator to reach agreements, or you may take a collaborative approach where you each hire your own attorneys but then work directly towards a solution. Either of these choices is typically preferable.


Contested Divorce


If you and your spouse are unable or unwilling to work together, then you may need to go through the steps of a contested divorce and ultimately prepare for a trial. During this preparation, we will spend a lot of time attempting to reach an agreement before trial, but if we are unable to finalize all of the required steps then a judge will decide the final outcome of the division of your assets, debts, childcare, and more.


File a Petition For Divorce


You will need to file a petition with the California courts for your divorce, at which point your spouse will be served divorce papers either by a court officer or anyone who is not directly involved in the divorce.


Submit Request for Any Temporary Orders


If there are children involved, if you require access to certain property, if there is a need for child or spousal support, or any number of other needs that you may require as the case is ongoing, you will be able to submit requests for these specifics early into your case. You do not deserve, nor are you legally required, to endure unnecessary hardships throughout this process.


Financial Disclosures and Negotiations


Next, we will lay out all of the relevant information about your marriage in order to determine the best way to divide all marital assets and liabilities. We will again attempt to reach an agreement with your spouse through negotiations, once we have concluded all necessary research and information that arises during our discovery phase. It is common that during this period of discovery that we are able to compile enough information to encourage negotiation.

Trial


If we are unable to reach an agreement still, then we will need to take your case to a judge in order to have a final decision made about all of the different details in your case. You will need to have each detail addressed before your divorce is finalized, so whether or not you require a trial you will need to ensure that a judge approves every decision before you are officially divorced.

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