Divorce Attorney Fresno
Get a Divorce Consultation: (559) 900-1263
Whatever your circumstances, you can find personalized and caring legal
support at the
Arnold Law Group. Our lawyers bring decades of proven insights and experience in divorce and
family law in Fresno and across the Bay Area.
Why Choose Our Divorce Lawyers?
Our results-oriented team has much to offer, including:
- 30+ years of collective legal experience
- Legal strategies custom-tailored to your needs and goals
- Our commitment to keeping you informed at every step
- A proven track record of 1,000s of favorable resolutions
We work hard to promptly help our clients find balanced and fair solutions
to their divorces. So let
our family law team help you move forward to the next chapter of your life with confidence.
Whether you are thinking about filing for divorce or have already been
served with divorce papers, let’s discuss your situation and what
your next steps could be.
Ready to find answers? Request your case evaluation
online or call (559) 900-1263 today.
Support Through Each Step of Your Divorce Case
Deciding to end a marriage is never easy. Numerous decisions must be resolved,
including what happens to joint assets, how to divide time with your children,
and many other considerations.
Our lawyers are ready to assist clients with all aspects of divorce:
We understand how difficult divorce can be, especially if you have children
or complex assets. When you’re going through one of the most difficult
moments in your life, turn to our experienced family law team for trusted
guidance and
support.
From negotiation all the way to litigation, you’ll find a team of
trusted advocates and allies who can protect you and help you ease the
pain and stress of your divorce.
California Divorce Requirements
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You can request a judgment of dissolution of marriage (a divorce) if you
meet the state’s residency requirements. If you have any questions
regarding the dissolution of marriage or need assistance through the divorce
process, do not hesitate to
contact our firm at once.
We can guide you through the divorce and help resolve complex matters,
including that of
child custody.
Residency requirements for filing for divorce in California include:
- One party must be a resident of the state for six months or more immediately
before filing
- One party must have been a resident of the county for a minimum of three
months before filing
How long does it take to divorce in California?
- California has a mandatory six-month waiting period (from the date the
papers are served) before a divorce can be finalized. During this waiting
period, you and your spouse should try and come to an agreement on issues
in the marriage. A judge will review your settlement and sign off on the
divorce when six months have passed. If you and your spouse are unable
to reach an agreement, you will need to notify the court and proceed toward
a trial to settle any outstanding disputes.
Contested Divorce vs. Uncontested Divorce
Every person’s divorce case will be drastically different from all
others. With the many relationships among family members, you will need
to have a tailored case strategy.
Our family law firm handles both contested and uncontested divorce cases, which involve different elements.
-
Uncontested Divorce Cases: The divorce process is often complex but it does not have to be filled
with aggravation and dispute. If you choose to pursue an
uncontested divorce case, you can experience many advantages, including salvaging relationships
for a brighter future and avoiding additional court expenses.
-
Contested Divorce Cases: Divorces that are
contested involve couples who cannot reach any significant agreement and therefore
need to go to trial. If disputes arise in your divorce, we can help you
navigate the matter and reach a positive resolution.
California Grounds for Divorce
California family law code dictates that divorce can be granted on one
of two grounds:
- Irreconcilable differences
- Incurable insanity
Unlike other states, California is a no-fault divorce state. This means
that as long as one party claims irreconcilable differences, then a divorce
can be granted. If you claim irreconcilable differences, you are not required
to provide any proof of said differences. Even if your spouse claims that
those differences don’t exist, the court can still grant your divorce.
Courts in California don’t concern themselves with determining who
is responsible for the irreconcilable differences.
On the other hand, if you claim that your spouse is incurably insane, you
have to prove that. This could be medical records or psychiatric testimony.
At Arnold Law Group, APC, we can help you navigate the California divorce process!
How to File for Divorce in California
Whether this is your first time considering the notion of the divorce, or you’re ready to begin the process, the idea of taking the necessary
steps to file for divorce is overwhelming and confusing, especially since
it comes with a host of emotions that have nothing to do with filling
out paperwork. It is even more difficult if you and your spouse have not
mutually agreed to go through with it.
The reality is that you’re about to embark on a journey that may
be the most difficult thing you have ever done, but it also just may be
the best thing. You don’t have to be ready to officially go down
this road, but we want to help you weed through the confusing legal jargon
so that you can understand just what you would need to do to get the ball rolling.
First and foremost, you don’t have to do this alone.
Arnold Law Group, APC can walk you through every step of the legal process as a knowledgeable,
compassionate advocate and let you worry about what is most important
to you and your family during this time. Serving Madera, Kings, and Tulare
counties.
Contact us today.
In order to start the divorce proceedings in Fresno County, California,
you must complete and file a Petition for Marriage/Domestic Partnership
(FL-100). This form is reasonably necessary and the form requests for
you to list all assets and debts you know are separate and community property.
If you and your spouse have lived in Fresno for at least three months,
and have been California residents for at least six months, you will be
filing your divorce papers with the
Fresno County Superior Court. It’s located at
1130 O Street by the Eaton Plaza.
If you are filing alone, the documents you will need to complete include:
-
Summons (FL-110) – This is a notice to your spouse that you are filing for
divorce, “summoning” them to respond
-
Petition (FL-100) – This is a notice to the courts that you are filing for divorce
-
Declaration Under UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) (FL-105) –
This is only necessary if you and your spouse have minor children, and
its purpose is to ensure all children are accounted for in custody arrangements
-
Declaration of Disclosure (FL-140) – This is to legally verify that you have disclosed any
and all assets through the following two forms.
-
Schedule of Assets and Debts (FL-142) – This is where you will disclose all of your assets and debts
-
Income and Expense Declaration (FL-150) – This is where you disclose all of your income sources
and average monthly expenses
-
Proof of Service of Summons (FL 115) – This is a notice to the courts that your spouse has been
served your summons. You cannot personally serve your spouse; a third
party over the age of 18 must serve these papers. He or she will complete
this form.
-
Response (FL 120) – This will be completed by your spouse after he or she
has been served
You can find these forms on the
website of the Fresno Superior Court, along with step-by-step instructions for completing each one. Of course,
one of our divorce lawyers can also walk you through each form to make
sure there are no errors that might cause headaches later.
Now that you’ve gotten through the first rough step of completing
all of this paperwork, the next step is possibly even harder. Not “hard”
in the “I have a daunting amount of work to do” kind of way,
but in the more emotionally trying sense of the term. Even though your
divorce won’t be final until the judgment papers have been signed,
sealed, and delivered, this step is often the one that there’s no
coming back from. Don’t let this deter you, however, as you’ve
gotten this far for a reason and you know it’s for the best.
So how do you go about getting your divorce papers served to your spouse?
Anyone – other than yourself – who is over the age of 18 can
serve your spouse the papers, including a friend or family member. What
if you aren’t ready to tell anyone? What if you don’t want
to put anyone who may have a mutual investment in both you and your spouse
in the middle of it all? You can hire a law enforcement officer or process
server to deliver the papers.
If you’re here, you know by now that life doesn’t always work
out the way it’s depicted in movies. The concept of “refusing
to sign the divorce papers” is as romanticized as “happily
ever after.” It is true that you and your spouse both have to be
on board and sign the papers in order to pursue an
uncontested divorce, however, your spouse does not actually have to participate in a divorce.
It will simply be considered a
contested divorce and follow a different process.
California is a “no-fault” state, which means you don’t
have to cite a reason for filing for divorce – which also means
your spouse cannot refute it. By petitioning for a divorce without your
spouse and serving the papers, you have already begun the process and
have legally required your spouse to respond by a certain date. If he
or she does not respond by the time specified, the divorce will actually
be granted by default.
At that time, your spouse will have the opportunity to get involved and
participate in the proceedings, but ultimately,
if you legally pursue a divorce, your spouse cannot keep you from getting it.
Unfortunately, this is only the beginning. While some people are able to
communicate, collaborate, and negotiate their way through a smooth and
steady divorce, others find the process much more difficult. What comes
next will depend on your openness and your ability to keep a cool head
– both of which, we understand, will be very difficult.
That’s where we come in. While you may be able to represent yourself
throughout the process, you might find it difficult to take a rational
approach among the flurry of emotions involved. Having a legal advocate,
who both knows what is necessary and understands the emotional toll it
takes, can help you make sound, informed decisions. Going it alone is
not recommended.
What Should I Expect During a Divorce?
At the Arnold Law Group, APC in Fresno, our compassionate divorce lawyers
want you to feel comfortable during each step of your divorce and are
dedicated to achieving your satisfaction. We want to include you in every
step along the way, ensuring that you know what is happening at all times
and what to expect when everything is resolved. By providing top-notch
client service to you, we can help you prepare and get through the divorce process.
Call (559) 900-1263 today to request a consultation
and start learning about the divorce process.
Making Sense of the Divorce Process for You
Although a divorce can be quite complicated and involve any number of specific
assets, there are a few general steps to follow:
1. Check your eligibility: Before you can file for divorce in California, you need to meet certain
residency requirements. You may also need to double-check which jurisdictions
you can file for divorce in.
2. Choose your divorce option: There is more than one way to dissolve your marriage. Being able to choose
the appropriate method often requires the assistance of a professional
divorce attorney.
3. Divide your property: Everything you have acquired during your marriage will need to be fairly
split between you and your spouse. Property division disputes are one
of the leading reasons your divorce could become contested. It is highly
recommended that you use a Fresno divorce lawyer to act as a mediator
for this step.
4. Set up alimony payments: Depending on who was earning more money during your marriage, you might
be eligible for spousal support
or have to pay it.
5. Take care of your children: Child custody and child support are two more hotly contested issues during
a divorce but they cannot be skimmed over. You will want to set aside
some time to figure out fair resolutions to these subjects. If you cannot
come to an agreement, you will need a Fresno child custody attorney to
fight for your rights as a parent.
What to Expect in a Divorce with Children
When children are involved in a divorce case, you will want to ensure that
you have a clear understanding of what is ahead. Especially if your divorce
case is contested or you are dealing with complex child custody matters
under California law, you should speak with our firm at once.
As you communicate with your lawyer, you will need to discuss the issue
of joint custody so that you and the other parent can have regular contact
with the children. Joint custody does not necessarily mean that it will
be a 50-50 arrangement, even though that is the objective so that the
child can have equal time with both parents.
When it comes to child support, California correlates the amount paid and
received with the parenting time. Many factors will be assessed when child
support is being determined, especially who makes the most money and is
in a better financial position.
A divorce can take time, patience, and a thorough understanding of the
law. In order to make certain that you are taking the right steps and
not having your rights ignored by your spouse,
you need to work with a divorce attorney from the Arnold Law Group, APC in Fresno, California. Throughout our years
of practicing family law, we have successfully handled
thousands of divorce cases for our clients all across Tulare, Kings, and Madera counties.
Get 30+ Years’ Family Law Experience on Your Side. Contact Us Today.
The court will need to consider many different factors when a couple decides
to terminate their marriage. You should not navigate any family law legal
process on your own. At Arnold Law Group, APC, our lawyers can take action
to protect your rights and ensure that your
children’s best interests remain the priority concern of the court. Whether you are
divorcing in Madera, Tulare, or Fresno counties, we are ready to help you.