Fresno Divorce Law Firm | Arnold Law Group, APC

Divorce Unique Representation that You deserve

Ready to Get Started?

We believe that every client is unique, extremely important, and deserves our undivided attention .

View All Testimonials

"Choosing this law office will be an excellent move"
I have known of Mr. Arnold's legal skills first hand for over 15 years and I must say that he is a consummate professional ...

- Jeffrey B.
"I couldn't be happier with my representation"
My case has been proceeding steadily, and I couldn't be happier that I have such high-quality representation. I initially ...

- Jeff T.
"Honest and Professional"
We had filed a Chapter 13 and had concerns about two issues; the purchase of a car and the loss and disposition of our home ...

- Jim and Debra Johnson
"We will always recommend this law firm"
We had filed a Chapter 13 and had concerns about two issues; the purchase of a car and the loss and disposition of our home ...

- Jim and Debra Johnson

Our Practice Areas

California Divorce Requirements

You can file for divorce if you meet the state’s residency requirements. 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, starting on the date the papers are served, before a divorce can be finalized. During this waiting period, you and your spouse can try and come to an agreement on issues in the marriage. It's crucial to use this time effectively by negotiating terms and preparing necessary documentation. Our firm assists in mediating discussions to help both parties reach fair agreements on asset division, custody arrangements, and other pertinent issues. By leveraging our guidance, you can better manage the complexities that often arise during this waiting period.

A judge can 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. Our attorneys will be by your side every step of the way, ensuring that your rights are upheld and your interests are represented efficiently in court proceedings.

Whether or not your case is contested or uncontested will go a long way in deciding how long the process ultimately takes. As the names suggest, the difference depends on how much dispute there is between the spouses on the issues that need resolution. Consequently, they often unfold with very different dynamics. When embarking on an uncontested divorce path, quick resolutions can often be achieved through proper legal channels and mutual concessions. Conversely, contested divorces usually involve a higher degree of legal scrutiny, which may extend timelines but also ensure that each aspect is examined thoroughly.

The process to complete an uncontested divorce involves a meeting of the attorneys of both spouses, at which time the necessary paperwork will be provided and completed. After being advised of any applicable laws involved in your case, you will be given a drafted agreement in proper legal format. This agreement can then be reviewed and signed by the judge. Our proactive approach ensures that even in uncontested scenarios, nothing is overlooked, and your case proceeds smoothly and without unnecessary delays.

Contested divorce cases may involve multiple court hearings, and debates between the spouses may become heated. It can be very difficult for a spouse to protect their interests in these circumstances without good legal counsel in their corner. Everything from disclosures to temporary orders to discovery to the court appearance themselves can become high-stress disputes. Arnold Law Group, APC, has the experience and knowledge to put the burden squarely on our shoulders, protect you to the greatest degree possible, and fight for your rights. Our strategy is to meticulously prepare for each hearing and negotiation round, ensuring that your position is presented clearly and convincingly. We employ a thorough investigation of all relevant documents and work closely with you to build a robust case. This preparation maximizes your chances for a favorable outcome, regardless of how contentious the divorce may become.

Our Fresno divorce law firm handles both contested and uncontested divorce cases. Call Arnold Law Group, APC, today at (559) 900-1263 or contact us online today.

California Grounds for Divorce

California family law dictates that divorce can be granted on one of two grounds:

Irreconcilable differences
Incurable insanity

California is a no-fault divorce state. If you claim irreconcilable differences, you are not required to provide any proof of those 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. This no-fault approach simplifies the legal process, allowing couples to focus on practical aspects such as asset distribution and custody arrangements without the burden of attributing blame or justifying personal disagreements.

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. It is critical to compile compelling evidence that adequately substantiates your claim. This approach demands an objective evaluation by medical professionals and requires the assistance of a seasoned attorney to navigate the challenges of proving such a claim in court. Our firm offers the necessary support and guidance to secure the appropriate legal documents and expert testimony needed to substantiate your case effectively.

How Do I File for Divorce in Fresno County?

In order to start the divorce proceedings, you must complete and file a Petition for Marriage/Domestic Partnership (FL-100). This form requests for you to list all assets and debts that you know are separate and community property. Our legal team can help you identify what property is separate (belonging to you alone) and what is community (belonging equally to each spouse). It’s important to remember that misclassification of assets can lead to significant legal challenges. Our attorneys are adept at meticulously reviewing your financial affairs to ensure an accurate assessment and properly categorizing your holdings.

There are specific legal conditions that must be met for something to be considered your separate property, so it’s a good idea to let counsel guide you through the classification process. By working with our team, you can avoid potential pitfalls related to asset division and optimize the protection of your interests. Our detailed approach also aids in the systematic organization of financial records, expediting the divorce process.

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. The location not only serves as a logistical factor for filing but also represents a crucial venue where much of the legal proceedings will unfold. Being familiar with this environment can help manage expectations and prepare adequately for each legal phase.

California Divorce Checklist

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. The third party is responsible for completing 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. Our lawyers can also walk you through each form to make sure there are no errors that might cause headaches later. With our assistance, you can rest assured that all documentation is handled precisely and without oversight, preventing future complications in the divorce proceedings. By following this checklist meticulously, you safeguard your interests and ensure compliance with all legal requirements.

Our Fresno divorce law firm handles both contested and uncontested divorce cases. Call Arnold Law Group, APC, today at (559) 900-1263 or contact us online today.

Continue Reading Read Less

Experienced Attorneys

We are a group of dedicated, talented & smart attorneys with 30 years' combined experience.

Meet Your Team

What Makes Us Different

A Proven Track Record of 1,000s of Favorable Resolutions
Our Commitment to Keeping You Informed at Every Step
Legal Strategies Custom-Tailored to Your Needs and Goals
30+ Years of Collective Legal Experience

How Do I Serve My Spouse Divorce Papers?

As noted above, you cannot personally serve your spouse the divorce papers. A third party who is over the age of 18 must do it. You can have a trusted confidant handle the job, or you can hire a law enforcement officer or process server to deliver the papers. Utilizing a process server can ensure that the documents are delivered in a timely and professional manner, thus avoiding potential procedural delays that can arise from incorrect service attempts. It’s crucial to choose a reliable individual or service to prevent the service from being contested, which could prolong the divorce process. Our legal team can guide you in selecting the most appropriate and effective method for your situation.

What if My Spouse Won’t Sign the Papers?

While both spouses have to sign the papers to pursue an uncontested divorce, it is not necessary for the process to move forward. In the event a spouse refuses to sign, it will simply be considered a contested divorce. While, as noted above, this can result in a longer process, a spouse cannot ultimately stop the divorce. Understanding that refusal to sign does not halt the legal process is empowering, as it ensures that your right to secure your future remains intact despite opposition. Having strong legal representation will facilitate transitioning to a contested status, ensuring that your case is managed competently to minimize stress and maximize your outcomes.

What to Expect in a Divorce With Children

When children are involved in a divorce case, parents often want a clear understanding of what is ahead. You will need to discuss the issue of joint custody so that you and the other parent can have regular contact with the children. 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. Our firm emphasizes the importance of maintaining a child-centric approach throughout these proceedings, ensuring their wellbeing is prioritized during the restructuring of family dynamics. This holistic focus enables smoother transitions and facilitates amicable solutions that serve the best interests of all parties involved.

Frequently Asked Questions

How Can I Protect My Assets During a Divorce?

Protecting your assets in a divorce requires strategic planning and detailed understanding of California’s community property laws. First, identify and document all separate property, which includes assets acquired before marriage, inheritances, and gifts specifically given to one spouse. It is essential to maintain thorough records from the time of acquisition, including receipts and agreements that confirm ownership. Next, consider setting up a prenuptial or postnuptial agreement if you anticipate significant asset concerns. These agreements can outline the distribution of assets ahead of time, minimizing disputes. Lastly, work with a proficient attorney who can provide guidance on how to manage joint assets actively during divorce proceedings. They can help ensure fair valuation and division, safeguarding your financial interests effectively.

Can We Use Mediation Instead of Going to Court?

Mediation is a viable option for many Fresno couples seeking to avoid the contentious atmosphere of court proceedings. It involves a neutral third-party mediator who assists both parties in negotiating and reaching agreements on critical issues like custody, asset division, and support. This process can be quicker, less expensive, and more collaborative than going to court. It allows couples more control over decisions that affect their futures rather than leaving them to a judge. It’s essential to note that while mediation can be beneficial, it requires both parties to be willing to compromise. If successful, mediation agreements can be made legally binding, providing a structured yet flexible pathway to resolving divorce-related issues without litigation.

What Should I Bring to My First Consultation?

Preparing for your first consultation with a divorce attorney is crucial to tackling your legal needs efficiently. Bring any documents related to your marriage, such as the marriage certificate, financial statements indicating income, expenses, assets, and debts, as well as any prenups or postnups. If applicable, documents pertaining to children, like birth certificates and prior custody agreements, should also be included. It’s beneficial to prepare a list of questions you have regarding the divorce process, finances, or custody concerns. Being well-prepared ensures you get the most out of your initial meeting, allowing Arnold Law Group, APC's team to better understand your situation and map out a tailored legal strategy that addresses all your concerns.

Why Choose Our Fresno Divorce Law Firm

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 with thousands of favorable resolutions

Call today at (559) 900-1263 or reach out here online today. By choosing Arnold Law Group, APC, you align yourself with a firm that values transparency, dedication, and a client-first approach. Our team takes pride in offering a supportive environment where you feel heard, understood, and empowered to make informed decisions about your future.