Alameda County Divorce Lawyer

The Divorce Process in Alameda County, California

Child Custody In Your Divorce

Child custody is an important part of every divorce, but our Alameda County divorce lawyer can help you reach the best arrangement for the future of your children.

A divorce means a potentially bitter fight between you and your spouse. While some couples may find it easy to remain civil throughout divorce proceedings, there are hot-button topics that always tend to cause resentment and anger. Of these topics, child custody is most likely to turn a relatively amicable divorce into a long and drawn-out process.

When people think of divorce and child custody, it seems simple: One parent gets to take care of the children, and the other gets visitation rights. But, it’s much more complicated than you might think, especially in family situations where there are reasons to seek sole custody to protect the best interests of the child. Learn more about child custody arrangements and your divorce, and how our family law attorney can help you today.

Alameda County Divorce Law Infographic

Alameda County Divorce Law Statistics

According to the American Psychological Association, approximately 40 to 50 percent of first marriages end in divorce. The divorce rate for second marriages is even higher, with approximately 60 to 67 percent of second marriages ending in divorce.

FAQs About Divorce Laws In Alameda County CA

How is Child Custody Awarded?

Having custody of a child means taking much more responsibility for how they grow up. The parent who is awarded custody feeds the child (or children), clothes them, provides a home, takes them to school and doctor’s appointments – they spend more time with their child, and they have more parental responsibilities.

This usually means the other parent has visitation rights. The parent with visitation rights may only see their child a few times a week or month, and they may also need to pay child support: Payments that are intended to provide money for their child’s development. Child support payments are only to be used to directly benefit the wellbeing of a child, but the responsibility of using that money on the child falls on the parent with custody.

When child custody is on the line, a court will examine which parent has had the most responsibility for the raising of a child before the divorce. Generally, the parent who has been the most involved in the child’s life will be awarded custody, but sometimes joint custody can be awarded, too.

What is Joint Custody?

Joint custody is a special arrangement that allows both parents to take an equal share of the responsibility of raising their child. Child custody is only possible when the divorced parents are still able to cooperate with each other, and agree on what is best for the needs of their child. Joint custody is also only awarded if both parents live in close proximity to each other: In a joint custody arrangement, the child shares an equal amount of time with both parents, so both parents need to remain in the same area.

Whatever your child custody goal, you should always contact our skilled divorce attorney to help you weigh your options. The right child custody arrangement can keep your child happy and healthy, and will make certain they have the best future possible despite the divorce of their parents.

At Attorney Bernie, we’re committed to helping you through the complicated (and sometimes painful) processes that come with a divorce, and we know that you want what’s best for your children when you fight for child custody. Reach out to our accomplished family lawyer to see how our firm can help.

If you have plans to divorce your spouse, it’s wise to have our experienced divorce attorney on your side. A divorce can involve many challenges, so it’s beneficial to have someone knowledgeable and experienced on your side. Our lawyer can guide you through the process and prevent you from making costly mistakes.

What are the grounds for filing for divorce in Alameda County, California?

In Alameda County, California, divorces are primarily filed on the basis of “irreconcilable differences,” which means that the couple acknowledges that their marital issues cannot be resolved and their marriage cannot continue. This falls under California’s no-fault divorce laws, meaning that neither spouse needs to prove the other did something wrong to request a divorce. This approach simplifies the divorce process, as it focuses more on the division of assets, child custody, and support rather than proving fault.

How is property divided in a divorce in Alameda County, California?

California, including Alameda County, is a community property state. This means that any assets or debts acquired during the marriage are considered community property and are generally divided equally between the spouses in a divorce. This includes income, properties, and debts incurred during the marriage. Separate property, which includes assets and debts acquired before the marriage or after separation, gifts, and inheritances, typically remains with the individual who owns it.

What are the residency requirements for filing for divorce in Alameda County, California?

To file for divorce in Alameda County, California, at least one spouse must have been a resident of the state for six months and a resident of Alameda County for the three months immediately preceding the filing. If these residency requirements are not met, you may consider filing for a legal separation initially and then amending the petition to request a divorce once the residency requirements are fulfilled.

How is child custody determined in a divorce case in Alameda County, California?

In Alameda County, child support and custody decisions are made based on the best interests of the child. The court considers various factors, including the health, safety, and welfare of the child, any history of abuse by one parent, and the nature of the child’s relationship with each parent. The court may grant joint or sole physical and legal custody, aiming to make sure that children have frequent and continuing contact with both parents, except in cases where contact with a parent would be detrimental to the child.

What is the process for spousal support in Alameda County, California, during a divorce?

In Alameda County, spousal support (also known as alimony) is determined based on various factors, including the duration of the marriage, the standard of living established during the marriage, the financial needs and resources of each spouse, and each spouse’s ability to earn. Temporary spousal support may be granted during the divorce process, while long-term spousal support is determined as part of the final divorce settlement. The aim is to help the lower-earning spouse maintain a similar standard of living enjoyed during the marriage, at least for a transitional period.

How Are Assets Divided During Divorce?

If you are thinking about filing for divorce, you’ll want to proactively connect with our experienced divorce lawyer. You’ll want to make this connection as soon as possible. Why? Having a strong legal advocate – which is the only kind of advocate you’ll find at Attorney Bernie – advising you about how you might benefit most from approaching your divorce will help to the process progress as smoothly as it possibly can.

California divorce laws follow the community property principle. You’ll need to keep this in mind as you begin discussing your asset division priorities with our attorney. The community property approach holds that all assets acquired during a marriage, with very few exceptions, are considered community property. This means that both spouses hold an equal share of ownership in each asset. As a result, asset division agreements and orders must reflect an equal distribution of marital assets between spouses.

What if You and Your Spouse Already Have an Asset Division Plan?

If you and your spouse have figured out how you’d like to equally divide the value of your marital assets, our family attorney will answer your questions and help you to finalize that agreement, formalize your divorce process, and move on with your life. Our team will review your proposed agreement to confirm that it meets legal standards and that you are receiving your fair share of marital assets. Once your agreement is good to go, we will help to expedite the process of finalizing your divorce to the best of our ability so that you can move forward into your future unencumbered by a pending legal matter.

What if You and Your Spouse Have Fundamental Differences About Asset Division?

If you and your spouse cannot agree on how your assets should be divided, a family law judge will be called upon to intervene in your case and to make a ruling accordingly. They will make a ruling based on whatever they believe will facilitate the principles of community property. Our firm will fight aggressively for your rights and interests if your divorce case needs to be decided in court.

What About Pet Custody Concerns?

Unlike some states, that treat pets as property, California law honors the special role that pets play in the lives of “their humans.” Under California law, judges are empowered to consider the best interests of the pet in question and the care of that pet when making pet custody decisions. Just as it is with asset division matters, if you and your spouse agree on the terms of pet custody, our firm can help you to finalize and formalize your agreement. If you have fundamental differences about pet custody, we can help build the strongest possible case in advocacy of your position.

Should You Consider Spousal Support?

If you are interested in discussing alimony, also known as spousal support, as part of your asset division agreement, our experienced California legal team can advise you as to whether including that kind of arrangement in your divorce settlement will be to your benefit or not. There is no single answer to the question of whether you should consider spousal support that fits every person’s circumstances. Our Alameda County divorce lawyer will make a recommendation based on your unique needs, goals, and overall situation alone.

Final Thoughts on Divorce in Alameda County

If you are considering divorce or have been served with divorce papers, it’s essential not to try to handle this challenging time alone. We are committed to guiding you through every step of the process with expertise, empathy, and dedication. Our goal is to safeguard your interests and facilitate a transition that respects both your rights and your future.

Your Initial Consultation

Understanding the full scope of your situation is essential for effective legal representation. Contact us on our website for a confidential consultation where we can discuss your specific circumstances and explore your legal options. Together, we can plan a strategy that aligns with your objectives and leads you toward a new beginning.

Alameda County Divorce Glossary

At Attorney Bernie, we know that going through a divorce can be a life-altering experience. As your Alameda County, CA divorce lawyer, we’re here to provide support and guidance at each stage of the process. Having a solid understanding of the legal terms involved can make the process feel more manageable. Below, we’ve outlined several key legal phrases and concepts commonly encountered during a divorce in California. These definitions are provided to help you better understand your rights, responsibilities, and options throughout your divorce.

Community Property

California follows the principle of community property in divorce. This means that any income, assets, or debts acquired by either spouse during the marriage are considered jointly owned. Community property is generally divided equally between spouses upon divorce. This includes retirement accounts, real estate, vehicles, and even credit card debt accumulated while married. However, property acquired before the marriage, or after separation, as well as gifts and inheritances, are typically treated as separate property and not subject to division. Our role is to help you identify what qualifies as community versus separate property so that your interests are protected during the division process.

Irreconcilable Differences

“Irreconcilable differences” is the most common legal ground used for divorce in California. Because California is a no-fault divorce state, neither spouse needs to prove that the other did anything wrong. Instead, the couple must simply state that their marital relationship has broken down beyond repair. There is no need to show evidence of misconduct or provide a reason beyond incompatibility. Filing based on irreconcilable differences allows us to focus on the legal aspects of the divorce such as child custody, support arrangements, and division of property without getting entangled in personal disputes.

Spousal Support

Spousal support, often referred to as alimony, is a financial arrangement where one spouse may be required to provide financial assistance to the other during or after the divorce. The goal of spousal support is to help the lower-earning spouse maintain a standard of living similar to what was established during the marriage. The court considers factors such as the length of the marriage, earning capacity of each party, age and health, and each party’s financial obligations. Support can be temporary, lasting only during the divorce process, or long-term, depending on the case. Our job is to evaluate your financial circumstances and pursue a fair and appropriate support arrangement on your behalf.

Child Custody And Parenting Time

In divorce cases involving children, the court must decide how parenting responsibilities will be divided. Legal custody refers to the authority to make decisions about a child’s education, health care, and welfare, while physical custody refers to where the child lives. Parenting time, also known as visitation, is scheduled for the parent who does not have primary physical custody. Courts in Alameda County aim to support frequent and continuing contact with both parents, unless doing so would be harmful to the child. We work closely with our clients to help develop parenting plans that reflect the child’s best interests and provide clarity for both parents.

Divorce Petition And Service

The divorce process begins when one spouse files a legal document called a Petition for Dissolution of Marriage. This filing must then be formally delivered—or “served”—to the other spouse. The petition outlines the basic information about the marriage and what the filing spouse is requesting in terms of support, custody, and property division. Proper service is a critical procedural step, as it triggers the timeline for the divorce case to proceed. We handle the preparation, filing, and service of all required documents to keep your case on track and compliant with legal requirements.

If you’re considering filing for divorce or need help with an ongoing case, Attorney Bernie is ready to meet with you. Our Alameda County divorce lawyer can help you move forward with clear information, reliable guidance, and a focused legal strategy tailored to your goals. Reach out to us today to take the first step.

Divorce Glossary

Our Alameda County, CA divorce lawyer has supported clients across the Bay Area with dependable legal representation during difficult transitions. This glossary provides clear explanations of key legal phrases related to family law, helping you better understand the divorce process and your rights in California.

Irreconcilable Differences

In California, the most common reason cited for ending a marriage is “irreconcilable differences.” This means that the relationship has broken down beyond repair, and neither spouse needs to prove that the other did anything wrong. Since California is a no-fault divorce state, the focus stays on resolving the legal aspects of the separation rather than identifying a specific cause. Irreconcilable differences form the legal ground for divorce and allow couples to begin the process without assigning blame. Our firm guides clients in properly identifying and stating this in court documents to start their case on the right foot.

Community Property

California follows community property laws, meaning any assets or debts acquired during the marriage are considered jointly owned. This applies regardless of which spouse earned the income or whose name is on the title. Assets like real estate, income, retirement accounts, and debts are all typically split 50/50 unless there’s a valid agreement stating otherwise. Property owned before marriage, received as a gift, or inherited, is generally considered separate property. We work to clarify what qualifies as community versus separate property, especially when accounts and ownership have been mixed during the marriage.

Spousal Support

Spousal support, also known as alimony, may be granted to one spouse to help them maintain a standard of living similar to what they had during the marriage. In Alameda County, support can be temporary (while the divorce is in process) or long-term, depending on how long the marriage lasted and each person’s financial status. The court looks at factors like income, work history, education, and any sacrifices made during the marriage (such as one spouse leaving work to raise children). We help you calculate fair support based on California guidelines and present your needs clearly to the court.

Child Custody Arrangement

In any divorce involving children, custody arrangements must prioritize the child’s well-being. California courts generally prefer both parents to stay actively involved in the child’s life, but circumstances sometimes require a more structured plan. Custody can be joint (shared responsibility) or sole (one parent has primary control). There are two types: legal custody (decision-making power) and physical custody (where the child lives). As your legal team, we work to create practical parenting plans that work for your schedule and serve your child’s best interests, reducing potential disputes in the future.

Divorce Petition And Service

Filing a divorce petition is the first legal step in ending a marriage. This document notifies the court and your spouse that you intend to divorce. After the petition is filed, it must be properly served to your spouse through legal channels. Serving papers starts a timeline for the response and future hearings. It’s a crucial step in protecting your legal rights, especially when asset protection or urgent issues like temporary custody are involved. We manage the paperwork and service process for our clients to prevent unnecessary delays or complications.

We’re here to guide you through each phase of the divorce process with practical, focused support. Contact Attorney Bernie to schedule a confidential consultation and get clarity on your next steps.

Attorney Bernie, Alameda County Divorce Lawyers

Contact Our Alameda County Divorce Lawyer Today

Should you need assistance or have more questions about the divorce process in Alameda County, reach out to our skilled legal team. We are here to help you manage not only the legal challenges but also the personal upheavals that come with ending a marriage.

At Attorney Bernie, we understand the profound impact a divorce can have on your life and are ready to support and represent you with the utmost professionalism and compassion. Let us handle your divorce with the care and detailed attention it deserves.

Contact us today for a confidential consultation with our Alameda County divorce lawyer to discuss your case and explore your legal options. We understand the emotional and legal challenges you may be facing, and we’re committed to providing you with the highest level of representation to help you move forward with confidence. Your future is important, and we’re here to guide you through the divorce process with confidence and care.