Woodside Divorce Lawyer

Woodside Divorce Attorney

Divorce is a significant life transition that can affect every aspect of your future, from your finances to your relationships. This process can be overwhelming and legally complex, especially when decisions about property, children, and support are involved. Working with a Woodside divorce lawyer can help you understand your options and make certain that all details are considered before signing divorce documents.

The Law Offices of Rod Firoozye have 28 years of experience assisting clients through difficult family law matters. Our attorneys use their deep understanding of California divorce laws and years of experience to recommend a strategic plan to protect your interests during a divorce case. If you have concerns about filing for divorce, our team can guide you through the process with strong advice and provide relentless advocacy for your case.

Factors to Consider When Filing for Divorce

In California, divorce filings exceed 100,000 each year. If you are considering divorce or are currently filing for divorce, there are many decisions that must be made. Choosing how to divide assets and responsibilities can be difficult and lead to disagreements between you and your spouse. Some factors that must be considered and decided on include:

• Child custody
• Child support
• Spousal support
• Property and real estate division
• Division of debts
• Retirement accounts or pensions
• Investments

Divorces can be contested or uncontested. An uncontested divorce is when you and your spouse can agree on how to divide these factors, while in a contested divorce, you do not reach an agreement, and the court can step in to make the final decision. While uncontested divorces are often simpler and more amicable, they are not always possible.

In many cases, having an experienced family lawyer can facilitate productive discussions and mediate negotiations, leading to an uncontested divorce. However, if this is not possible, your lawyer can represent you when pursuing litigation.

California’s Divorce Process

The steps for divorcing a spouse can vary, but generally follow this sequence:

• File a petition. In Woodside, you can file your petition for divorce with the San Mateo County Superior Court.
• Serve the court papers to your spouse. Delivering the divorce papers to your spouse officially notifies them of your intent to divorce. They then have 30 days to file a response; otherwise, the divorce will proceed automatically.
• Exchange financial information. Sharing information about all assets, debts, and income allows for decisions about asset and debt division to be made.
• Settlement negotiations. After exchanging negotiations, you and your spouse must try to reach an agreement for all relevant decisions regarding childcare, support, property, and debt division.
• Trial. If you and your spouse are unable to reach a settlement through negotiation, your divorce case will proceed to trial. A judge can make these decisions for you.
• Waiting period. Once a settlement is reached, final paperwork is submitted to the court, and it will become final after a six-month waiting period from when a petition was served on your spouse.

Hire a Woodside Divorce Lawyer

Protecting your financial assets can be difficult during a divorce. A lawyer’s advice can help you explore different options and negotiate for a settlement that doesn’t leave you in financial hardship. A lawyer’s knowledge of the financial impact of different settlements can prevent costly mistakes in divorce agreements. If you hire a lawyer, there is a greater chance of reaching a settlement that protects your assets and allows you to rebuild after a divorce.

Protecting your children is another area where a Woodside divorce attorney can help. By making suggestions on child custody arrangements that may work for your family’s situation and examining the need for child support, a lawyer ensures that your children’s future isn’t threatened due to this divorce. If your child’s safety is at risk with your spouse, your lawyer can help file for immediate custody during divorce proceedings and argue for a safe custody arrangement.

FAQs

What Is the Five-Year Rule in California for Divorce?

For a marriage that lasts under five years, you may qualify for a summary dissolution, which is a simplified divorce process. If you have been married less than five years, do not have children, have limited assets and debts, and agree with your spouse on how to divide property, a summary dissolution may help you avoid the time-consuming and typically more expensive traditional divorce route.

How Do You File a Divorce Petition in California?

To file a divorce petition in California, initiating the divorce process, you must bring your original form and two copies to a courthouse clerk. Then, you will pay the filing fee or request a fee waiver if you need assistance. You may also mail the documents to the courthouse, but you must include a stamped envelope with your address so your copies can be returned to you.

What Happens if Your Spouse Refuses to Negotiate the Terms of a Divorce?

If your spouse refuses to participate in negotiations, your case will proceed as a contested divorce. In these situations, disputes are typically resolved through court hearings. A judge may decide on issues involving property division, childcare, or support based on factors such as income and earning capacity, length of marriage, contributions to the marriage, or what is in the best interest of a child. Even if your spouse won’t negotiate, your divorce can still move forward.

What Are Temporary Support Orders During a Divorce?

Temporary support orders can be requested from the court for control over certain assets, child custody, spousal support, or child support while divorce proceedings take place. Factors like income, needs, and custody arrangements all impact whether temporary support is granted. Temporary support orders make sure that you can maintain financial stability and provide for yourself and your children before a divorce is finalized.

Woodside Divorce Lawyer

Filing for divorce is a complex and demanding process. With the right legal guidance, you can make informed decisions about finances, property, and family matters while protecting your future interests. Contact the Law Offices of Rod Firoozye to learn how an experienced Woodside divorce lawyer can help you navigate these decisions, manage conflicts, and build the foundation for future stability.