Saratoga Divorce Lawyer

Saratoga Divorce Attorney

Divorce is a difficult time, but you don’t have to go through it alone. You can hire a Saratoga divorce lawyer to help you with everything from negotiating the fair division of assets and debts to protecting your parental rights to child custody and support. The divorce process in California can be complex, but a Saratoga divorce lawyer can explain what’s happening and help you move forward with the process.

Trust the Law Offices of Rod Firoozye

The Law Offices of Rod Firoozye has been handling family law cases, including divorces, exclusively since 2004. In that time, we’ve seen countless high-asset divorces, challenging child custody cases, and complex property divisions. We can help you track down hidden assets, request spousal support payments, and argue for favorable child custody arrangements. In addition, we can negotiate on your behalf during mediation and, if necessary, represent you in court.

Why Hire a Divorce Lawyer?

Divorces can be complicated. Child custody issues and property division can both cause rifts in already deeply challenged relationships, making it difficult to come to an agreement. When you hire a divorce lawyer, you can avoid all kinds of problems surrounding divorce proceedings. A divorce lawyer can also use their knowledge of divorce laws to assert your parental rights and protect your interests during negotiations or in court.

While the divorce rate in California is low compared to the national average, 5.88 divorces still occur per 1,000 women over the age of 15. Many of them involve children. In Santa Clara County, 16.2% of households have only a mother present following a divorce or breakup, and only 5.8% of households have only a father present. No matter your gender, you should have a lawyer on your side to safeguard your parental rights.

Understanding the Divorce Process

Ending your divorce requires following a specific set of legal procedures. Before you can get divorced, you’ll need to meet the residency requirement of at least six months of living in California and provide grounds for divorce. California is a no-fault state, so the only grounds for divorce are irreconcilable differences or incurable insanity. Once you meet these requirements, you can begin the divorce process. It involves:

1. Filling out divorce forms. You’ll need to file a petition and a summons with the Santa Clara County Superior Court of California to begin the divorce process. If you have children under 18, you’ll also need to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, also known as Form FL-105.
2. Serve your spouse. Next, you’ll have to serve your spouse the divorce petition and summons. You aren’t allowed to do this yourself. Someone else will have to serve them for you.
3. Wait for the response. Your spouse has 30 days to file a response. If they don’t, they will default on the divorce, and the case can continue without them. Otherwise, they can either agree with the terms of the divorce or disagree with them.
4. Come to an agreement. To have your divorce finalized, you and your spouse will need to be in agreement about all key factors of the divorce, including everything from how property will be divided to who will get custody of any minor children. You can come to an agreement via mediation, or you can go to court if your spouse contests one or more of these issues. Expect to pay more money for a contested divorce.
5. Finalize the divorce. Once either you and your spouse or the courts have decided on all the important aspects of the divorce, you can draft a settlement that outlines them. Then, you can submit the final forms to the court to get a divorce judgment.

While you don’t technically need an attorney to file for divorce, it’s always wise to have one. We can help you through each step of the process.

FAQs

How Much Does It Cost to Hire a Divorce Lawyer in California?

The cost of hiring a divorce lawyer in Saratoga, California depends on factors such as:

• How complex your case is
• Whether your divorce is contested
• How much experience your divorce lawyer has

Complex, contested divorces always cost more than simple, uncontested divorces in which there are no child custody issues or property division conflicts to be resolved.

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

The five-year rule in California for divorce refers to the difference between short-term and long-term marriages. Short-term marriages last less than five years, and courts treat them differently from long-term marriages that last longer than five years. In long-term marriages, long-term spousal support is more likely to be awarded, and formerly private property may be considered community property, depending on the context.

Who Loses the Most in a Divorce in California?

The person who loses the most in a divorce in California is usually the higher-earning spouse. Higher-earning spouses typically bear the burden of spousal and child support. Business owners may also be required to give up a large portion of the ownership or future profits of their companies. Generally, the more assets a couple has, the greater the potential for financial loss by either party becomes.

Why Is Moving Out the Biggest Mistake in a Divorce?

Moving out is the biggest mistake in a divorce because it can negatively impact everything from finances to property division and child custody. Some judges view voluntarily leaving the marital home as abandonment, which makes it more difficult to argue for favorable child custody arrangements and property division later in the divorce process, should these issues be contested.

Your Saratoga Divorce Lawyer

It doesn’t matter whether you anticipate a contested divorce or expect to have no problems resolving issues with your current spouse. You need a Saratoga divorce lawyer who can protect what you value. The Law Offices of Rod Firoozye has been handling family law cases exclusively for over 20 years. In that time, we’ve seen everything from high-asset divorces to high-stakes child custody battles. We can help you finalize your divorce, too. Contact us to schedule an initial consultation.