Palo Alto Divorce Lawyer

Palo Alto Divorce Attorney

When a marriage ends in divorce, there are more than just the emotional considerations that the two ex-spouses must deal with. They must also navigate the financial and logistical challenges ahead. Ensuring that you receive your outcome is fair requires knowledge of California divorce law. Fortunately, having a skilled Palo Alto divorce lawyer can help you understand the law and secure a just future for you.

Why Choose the Law Offices of Rod Firoozye?

With decades of experience litigating divorce matters in Palo Alto and the surrounding Santa Clara County, the Law Offices of Rod Firoozye understands the complexity of California family law, local court procedures, and our community’s particular requirements.

Our family lawyer team is dedicated to providing individualized service, transparent communication, and delivering results that prioritize your financial security, your children’s well-being, and your peace of mind. We are with you from start to finish, providing unwavering support and advocacy.

Understanding Divorce in California

Divorce in California is legally referred to as a “dissolution of marriage.” California is a no-fault state. This means that you do not have to specify who or what the cause of the divorce is. The acceptable grounds for divorce are “irreconcilable differences,” which lead to marital breakdown.

Additionally, California is a community property state. In marriages, there is separate property (property that only belongs to one spouse or the other) and community property (property that was acquired during the marriage and, thus, generally legally belongs to both spouses). As a community property state, the property is split 50/50 between both spouses in the event of a divorce.

In 2021, it was reported that 8.9 per 1,000 people were divorced in California. The largest number of divorced men were aged 65 and older. The proportion of divorced women was 10.5% for women and 7.1% for men. While these numbers point to a decline in the number of divorces, they show the need for legal assistance during divorce proceedings.

Divorce Requirements in California

Filing for divorce in California comes with residency requirements that must be fulfilled. At least one spouse must have resided in California for at least six months and in Santa Clara County for at least three months before they can file in the county. If you reside in Palo Alto or nearby, your case will likely be filed with the Santa Clara County Superior Court.

Asset and Debt Division

As previously stated, community property in divorce is split equally between the two spouses, while the separate property stays with the original owner. Examples of community property include retirement accounts, the marital home, and joint bank accounts. Examples of separate property include gifts to one spouse, property acquired before the marriage, and inheritances.

Accurately dividing assets is a vital part of divorces, especially when there are many assets, including stocks and business ownership.

Additionally, debts must also be divided. Generally speaking, the courts will divide debts unless there is a legitimate reason not to do so.

Spousal Support

Spousal support, often referred to as alimony, is often granted to the lower-earning spouse so that they can be financially supported after the divorce. The goal is for the spouse to be able to maintain the same or similar standard of living that they had during the divorce. During the divorce process, temporary alimony may be awarded. The following factors are considered when determining alimony:

• The length of the marriage
• The earning potential of both spouses
• Non-financial contributions to the marriage, such as contributions to one spouse’s career endeavors and homemaking
• The age and health of both spouses

Alimony may be temporary or permanent, depending on the specific circumstances surrounding the marriage and divorce.

Child Support and Child Custody

Child custody and child support tend to be the most emotional issues in a divorce. Each parent has their own desires regarding the children, but the court’s stance is to rule in favor of the child’s best interests. When determining this, the courts will consider each parent’s ability to raise the child, the stability of the child’s life, and any history of abuse, neglect, or addiction.

While historically, mothers have been granted custody and child support more than fathers due to a history of women generally working in the home, times have changed to grant both mothers and fathers custody. Most courts will not look at a parent’s gender as a determining factor, but will look at the specifics of the situation, favoring time with both parents if possible.

California also has a state-mandated formula for calculating child support. This formula will consider each parent’s income, how much time each parent spends with the child, and any other special costs like healthcare, extracurricular activities, and education.

Alternative Dispute Resolution

In cases where the couple agrees on the terms of their divorce, they may be able to go through mediation or alternative dispute resolution. This allows them to bypass court, which is typically much more expensive than other options.

Mediation is popular among those who want to efficiently resolve their divorce and those who desire privacy and discretion. An attorney can represent you in mediation to make sure your rights are protected and that you reach an amicable solution.

High-Asset Divorces

High-asset divorces refer to divorces that have significant assets that need to be worked out. This requires knowledge about asset division because the divorce typically involves things that are not present in the majority of other divorces, such as several real estate holdings, businesses, and investment portfolios.

These divorces often involve business valuation disputes, complexity regarding dividing intellectual property, and international tax considerations.

Preparing for the Divorce

When you have made the decision to proceed with a divorce, preparation is important in helping you have a smooth legal process. Be sure to hire a divorce attorney. They can help make sure that you have all the documentation you need and that everything is filed correctly and in a timely fashion. This can help prevent delays in the process.

Gather all the documentation you need, especially as it pertains to property division. This can include bank statements, deeds, and tax returns. List all the debts and assets you have, so nothing is forgotten in the division process. Also, be sure to document your income and expenses.

If you have children, have documented evidence of their expenses as well, including school tuition, medical costs, and any costs for extracurricular activities. If you have preferences for custody and parenting plans, consider those and communicate them to your lawyer. If you have specific reasons for your preferences, be sure to communicate those as well.

In Santa Clara County, courts frequently require parents to complete custody mediation prior to a court hearing on child custody problems. Being prepared can result in more favorable settlements and decrease the emotional toll.

Finalizing the Divorce

Once all problems have been settled, either through settlement or trial, the court will render a final ruling. In Palo Alto, California, there is a necessary six-month waiting period after the divorce is filed and served before it may be finalized. This implies that even the most amicable divorces take at least half a year to complete.

FAQs

What Is the Average Cost for a Divorce Lawyer in California?

Hiring a divorce lawyer in California can be expensive, depending on factors such as knowledge, location, and case complexity. High-conflict situations and urban locations are typically more costly. The overall cost depends on how long the divorce process goes and whether litigation is involved. Attorneys may offer flat fees or charge hourly rates.

What Type of Lawyer Is Ideal for Divorce?

An ideal divorce lawyer is one who concentrates on family law. These lawyers have experience in mediation, spousal support, child custody, and property distribution. It helps to choose someone with courtroom experience and good negotiating skills, particularly if the divorce is challenging. A lawyer who is both assertive and compassionate can also help to make the process easier to handle both legally and emotionally.

What Is the Difference Between a Divorce Lawyer and an Attorney?

In most places, including California, the phrases “divorce lawyer” and “divorce attorney” are used interchangeably and have the same meaning. Both speak of certified attorneys who deal with divorce and other family law issues. The choice of term is primarily determined by regional or personal preference. Attorneys may have further license to litigate cases in court, while some lawyers may choose not to engage in litigation.

How Do I Talk to a Divorce Lawyer?

A: When speaking to a divorce attorney, be truthful and open about your status and intentions. Prepare your questions and documents ahead of time, and be prepared to talk about money, assets, and issues pertaining to children. It’s critical to maintain composure and concentration throughout the discussion and pay close attention to the guidance offered. Additionally, you should inquire about costs, schedules, and strategies.

Contact the Law Offices of Rod Firoozye Today

If you are going through a divorce, assistance is available to you. You do not have to handle the legal proceedings on your own. An attorney at the Law Offices of Rod Firoozye can help you. Contact us today to get started securing your future.