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Divorce Lawyer Modesto, CA
Divorce Lawyer in Modesto, CA
If you want to get a divorce from your spouse, you should consult a divorce lawyer in Modesto, CA promptly. A California divorce is a complicated ordeal that can cause you a great deal of stress. A lawyer can guide you through the process and make things a little less difficult.
Are There Different Approaches to the Divorce Process Worth Considering?
It is important to be honest with yourself and with our team when speaking with a divorce lawyer Modesto, CA residents trust. Why? No amount of well-earned trust in our approach to representation will compensate for our inability to personalize our approach to suit your needs if we don’t know what those needs truly are. What does this mean? If the team at AttorneyBernie.Com isn’t made aware that your spouse is likely to make your divorce process highly contentious, we can’t properly advise you as to how to move forward, nor can we effectively advocate on your behalf if we’re not made privy to the circumstances that you’re facing. Even if you’re hesitant to reveal what your situation really looks like, know that we can’t tell you which divorce approach to take – because there are many worth considering – if we don’t fully understand the ways in which you may benefit from legal guidance and assistance.
How Can I Know Which Approach Is Best for Me?
If you and your spouse can probably work out your differences without going to court, you’ll likely benefit from a non-contentious approach to the divorce process. The Modesto, CA divorce lawyer team AttorneyBernie.Com will evaluate your needs, priorities, and circumstances before recommending which approach(es) may best suit your situation. Depending on a variety of factors, we may recommend that you participate in mediation, allow us to conduct attorney-led negotiation with counsel representing your spouse, or it may make sense to simply have you and your spouse work with our firm to finalize and formalize a draft agreement that you’ve already drawn up.
If you and your spouse have fundamental differences in re: your divorce agreement that cannot be bridged, we’ll need to employ strong legal strategies to advocate on your behalf in court.
Is Any Approach Cheaper than the Others?
Generally speaking, non-contentious approaches to the divorce processes are less expensive than contested divorces are because contested divorces generally require attorneys to prepare for court on multiple occasions, which results in higher legal fees. With that said, it is important not to be “penny wise and pound foolish” when it comes to your divorce process. If there is an asset that you really want to retain and giving into your spouse’s demands to hand it over could hurt your future financial stability, it may be wise to pay more in legal fees now for the benefit of retaining an asset worth fighting for.
Do I Need a Lawyer if My Divorce Will Not Be Contentious?
If you and your spouse are not going to need to argue your cases in front of a judge, it can be tempting to “DIY” your divorce process in order to save some money. There are times when a do it yourself approach is both warranted and smart… but divorce is not one of those times. You’ll want to work with the experienced California legal team at AttorneyBernie.Com to better ensure that your divorce process results in a fair outcome that is promptly processed and is legally enforceable. Otherwise, you could be inviting a great deal of stress into your life down the road that could be easily prevented now simply by connecting with a knowledgeable Modesto, CA divorce lawyer.
Tips for Communicating With Your Divorce Lawyer
A skilled divorce lawyer is one of the most important assets you can have in a divorce. If you know to properly communicate with your lawyer, you will be able to get more out of his or her services. Here are some helpful tips for communicating with your lawyer.
- Tell your lawyer the whole truth. Your divorce lawyer won’t be able to properly help you if he or she doesn’t know the truth. There may be issues in your divorce that you’re embarrassed about, but you must remember that your lawyer won’t judge you. He or she has likely heard it all before. For example, if you had an affair during your marriage, you should let your know because it will likely come out anyway.
- Listen to your lawyer’s advice. Throughout your divorce proceedings, your lawyer will provide you with a lot of helpful advice. For instance, he or she may advise you against talking about your divorce on social media. Your lawyer has your best interests at heart, so it’s important to take the advice seriously. If your lawyer throws out too much information at you one day and you don’t understand something, don’t be afraid to ask for clarification.
- Don’t hesitate to call your lawyer about your concerns. A divorce is a very trying process that involves many complexities. If you ever are concerned about something when you’re just sitting at home, don’t keep it to yourself. Don’t be afraid to call your divorce lawyer in Modesto, CA to talk it out. Your lawyer should be more than willing to speak during off hours.
- Have realistic expectations. Even if you work with a skilled and divorce lawyer, there is no guarantee that you will get everything you want out of your divorce. There’s some give and take. For example, you might get the house, but not full custody of your children. If you understand this from the beginning, you will be less likely to be disappointed.
5 Things Not To Do During Your Divorce
1. Don’t Badmouth Your Spouse in Front of Your Kids
If you speak ill of your spouse in front of your kids, you’re not only damaging their relationships with both you and your spouse. You’re also putting yourself in danger of being charged with parental alienation, which can hurt your chances for the custody agreement you want. If you need to blow off steam, a divorce lawyer in Modesto, CA, such as Attorney Bernie, might recommend speaking with a therapist or counselor. One close and trusted friend could also be an option.
2. Don’t Play the Blame Game
In no-fault divorce states like California, you don’t have to prove your spouse did anything wrong during your marriage. You can simply state that you have irreconcilable differences — that your marriage is broken and you can’t fix it. Blaming your spouse for all the things you feel they’ve done to you is a sure way to make you miserable throughout the divorce proceedings. It also makes it more likely that you’ll have a contested divorce, that you won’t be able to agree on the conditions of your divorce and will have to have a judge decide for you.
3. Don’t Blow up Your Marriage on Social Media
You’re probably heard on TV that you have the right to remain silent, and that anything you say can and will be used against you in a court of law. A divorce lawyer in Modesto, CA, might advise you that the same thing goes for getting a divorce. Your spouse can use anything you say on social media against you in court. This holds true for text messages and emails as well.
4. Don’t Put Money in Joint Accounts
This may sound obvious, but you’ve been in the habit of depositing your paycheck into joint accounts for years. Open new bank accounts for yourself and start putting your money there. Suggest that your spouse do the same thing so you can start disentangling your finances.
5. Don’t Completely Cut Ties With Your Ex
Cutting your ex off completely is going to make your divorce more contentious and complicated than it needs to be. Keeping open lines of communication will help the process go more smoothly and be more likely to have a settlement result in your favor. A divorce lawyer in Modesto, CA, such as Attorney Bernie would remind you that talking to your ex is also going to impact child custody, support, and activities for decades to come.
Qualities to Look for in a Divorce Lawyer
When you’re going through a divorce, it’s important to have a skilled lawyer on your side. A lawyer can help you fill out the paperwork accurately and on time, provide objectivity and improve your chances of obtaining a fair settlement. Here are some important qualities to look for in a divorce lawyer in Modesto, CA.
- Experience. Not every lawyer can successfully handle a divorce case. Divorce is a specialized area of law, so it’s critical to find a lawyer who has experience dealing with divorce cases. He or she will then be aware of the specific divorce laws in your state and can give you better representation. If possible, try to retain a lawyer who has experience with your specific type of divorce.
- Communicative. Before you hire a divorce lawyer, make sure that he or she has good communication skills. During your divorce, you will have a lot of information thrown your way and you might not understand everything initially. That’s what your lawyer is there for. He or she should be able to explain things in terms that you can understand. If you have trouble understanding your lawyer, it may be time to go with someone else.
- Available. A divorce lawyer can have all the experience and talent in the world, but if he or she does not have the time to take your case, it won’t work out. A divorce is a stressful process, so you’ll want to receive frequent updates from your lawyer and be able to get in touch with him or her easily. If the lawyer does not get back to you in a timely manner, it may be time to hire someone else.
- Honest. It is also important to work with a divorce lawyer who is always honest with you. He or she shouldn’t just tell you what you want to hear. If a roadblock comes up in your case, your lawyer should tell you right away. Also, if you are doing things that could jeopardize your case, your lawyer should inform you.
- Creative. At first, creativity doesn’t sound like a quality a divorce lawyer should have to possess. However, it can actually be a quite useful trait. Issues can arise out of nowhere in a divorce case, and a creative lawyer may be able to come up with innovative solutions quickly.
Schedule a consultation with a divorce lawyer in Modesto, CA today. Call AttorneyBernie.com now.
How Long Does a Divorce Take?
No matter how simple a divorce may seem, most people would like to get it finished as quickly as possible. That way, they can move on with their lives. At the same time, how long does a divorce take? It is critical to work with a divorce lawyer in Modesto, CA, such as an attorney from Attorney Bernie, who can assist you during this process.
There Are a Lot of Factors Involved
First, it is important to understand that it is difficult to predict exactly how long a divorce is going to take. Every divorce is different, and there are numerous factors that will play a role. For example, if both parties can agree on everything, the divorce will probably go a lot faster. On the other hand, if the parties cannot agree on anything, then the divorce will take a lot longer. In addition, if there are children involved, there are other issues that come into play. This could delay the proceedings even further. This is why it is critical to work with a divorce lawyer in Modesto, CA.
A Divorce Could Take Months
In general, spouses should expect a divorce to take months. In some cases, this means the entire divorce process might only take a couple of months. On the other hand, it is not unusual for divorce proceedings to be dragged out for the majority of the year. There’s a lot of paperwork that has to be filled out, the court system is busy, and judges have a lot to do. On the other hand, if you decide to work with a divorce lawyer in the local area, the process may go faster. A divorce attorney can help you during this process.
A Divorce Lawyer Can Help You
Clearly, there are a lot of factors that will play a role as a divorce unfolds. Most people would like to get it done as quickly as possible. One of the ways to expedite the process is to work with a divorce lawyer in Modesto, CA, such as a lawyer from Attorney Bernie, who can help you. You have a lot on your mind as you go through a divorce, but this is not a situation you need to face on your own. If you want to speed up your case and make sure your rights are protected, you need to work with an experienced divorce lawyer who can guide the way.
Divorce Lawyer Modesto, CA
Going through a divorce isn’t an easy step and hiring a divorce lawyer in Modesto, CA may be something that you need to look into. It can be a very emotional process and a difficult one to even start.
If you have found that you and your spouse are going to face a divorce there are some things that you need to do in order to make the process more peaceful, fair, and as drama-free as possible. Below are some of the tips to make your divorce go as smoothly as possible.
Useful Tips to Prepare For Divorce
- Choose a More Peaceful Divorce Option
When it comes to divorce there are plenty of options. You can go to court and battle it out, but you don’t have to. If you have a simple case you can try to settle it out yourself or you could get some mediation involved. Whatever is going to make the process as smooth as possible without the drama is what you should go for.
Take the time to decide what to do and what is going to be best for you and your spouse. No, it won’t be an easy task, but the more peaceful you can be the better. Not only will it save you time but it could also save you money.
- Get Organized
You are going to have to make hundreds of significant decisions when going through a divorce. If you have children these decisions can affect you and them for years to come. So, it is in your best interest to be as organized as possible.
If you are working with a lawyer then they are going to be able to guide you through the whole process. You will have to make choices and most of the time you will have to work with your spouse to make a list of assets and debts. From there you can start to form a plan about what to do with finances in the long run. This is equally true with just getting organized about your children.
- Get Support
No one should have to go through this process alone. No matter how isolated you feel, know that there are people out there to help. There are plenty of resources for those going through a divorce. Things like support networks and even therapists. Many people don’t even think about them before a divorce. It isn’t a secret that
By taking control of your emotional state, you can actually be there more for the divorce process. No, it isn’t easy, but having a support network to help you through the tough times makes all the difference. If you need help finding these networks of people then talk to your divorce lawyer. They should have the ability to help you find sources to help you with your support system.
What About Alimony?
Divorce can be overwhelming enough, dealing with the end of the marriage and all that entails. But for a spouse who was not the primary wage earner, and may have even been a stay-at-home parent, the added stress of worrying about the financial impact the divorce will have can be devastating.
In these situations, temporary alimony may be available to the spouse who is struggling financially. The court can order the other spouse to give a set amount each month until the divorce is finalized. Whether or not alimony will continue after the divorce is final is something you can discuss with your Modesto, CA divorce lawyer.
The purpose of temporary alimony is different from the purpose of alimony. In general, alimony can be awarded when the couple was married for many years and one spouse did not work outside of the home. The duration of alimony is usually for years unless the receiving spouse remarries or whatever other stipulations the parties agree on.
Setting a Payment Amount
Temporary alimony serves a different purpose. The court will award temporary alimony when there is an immediate need for the receiving spouse because, with the couple separated, the spouse has little to no income. The temporary alimony is usually set at an amount that is necessary to support the receiving spouse.
For example, if the paying spouse is the one who moves out of the marital home, the court could issue a temporary order that the paying spouse pay enough alimony that would cover the cost of the mortgage, utility payments, vehicle payments, and any other debts that his or her paycheck had previously covered before the breakup.
In order to receive court-ordered temporary alimony, there must be a pending divorce petition filed with the court. As the divorce process comes to an end, a decision will have to be made by the receiving spouse and their Modesto, CA divorce lawyer whether or not they will pursue additional alimony payments. Unless the marriage was long-term, it is unlikely a court will order permanent alimony, however, there is the option of rehabilitative alimony. This is when alimony is ordered for a certain period of time to enable the receiving spouse to obtain training, search for a job, or whatever other steps needed to reestablish themselves financially.
Child Support Orders
It is important to note that temporary alimony is completely separate from child support. Once the divorce is final, the court will issue a child support order where one parent will need to pay the other parent child support payments each month. Whether or not the temporary alimony turns into a more permanent alimony payment upon the divorce being finalized, there will still be a child support order issued and the amount that is ordered to be paid for child support is not connected in any way to how much or how long alimony is being paid. Your Modesto, CA divorce lawyer will help you with both.
Is there a minimum time limit to a divorce process in CA?
There will be many factors that go into how long a divorce process will take, ranging from the laws of your state to the types of assets you both had, to the kind of marriage it is when you are getting a divorce. For example, in California, the law states that there is a 6-month waiting period. So, even if you are your spouse are on amicable terms and are both agreeing to everything, you will still need to wait 6 months for the divorce to be completed. That said, if you have property and assets you both are fighting over or are arguing about child custody and child support, this may take much longer.
My spouse and I were not married in California. How does this impact the divorce?
While you do not need to have gotten married in California, you do need to live in the state of California before you can file your divorce paperwork. If you do not meet the criteria for getting a divorce, you can speak to your lawyer about filing for a legal separation. This means that you can take the time to be legally separated and then file your divorce paperwork once you hit the six-month mark.
I’m the one leaving my spouse. Does this give me an advantage or disadvantage when it comes to getting a divorce?
You may be wondering if filing for divorce is a good tactic to make when starting the process. Does it show you have the upper hand? Does it show you are in charge of the situation? Not really. Who filed or who “wants it most” does not have an impact on what you might get after your divorce and should also not hurt you in the process. For this reason, California is known as a “no-fault state.” This also means that, in most situations, your judge also will not care about the reasons you are getting a divorce. Did they cheat on you? Did they lie about everything in your marriage? None of this matters unless you have children and it directly impacts them.
We are having an amicable divorce. Do we have to go to court?
Understandably, you want to do this as privately as possible. In fact, it is possible to get the divorce worked out privately. However, you will still need the help of a divorce lawyer, even if you and your spouse are okay with all the terms of the divorce. Getting a divorce lawyer is not going to make you come across as angry or on the offensive. Instead, it is to make sure you are getting a fair deal and that there are no surprises once the paperwork has been signed.
If I’m the one who is asking for the divorce, does that impact my alimony?
Some people believe that if they are the ones asking for the divorce, they are showing that they do not need their spouse and thus do not need alimony. This is not true. A court will take into account your financial situation when determining a fair amount of alimony.
If you are going through a divorce or are thinking about one, then these tips should help. If you need help then contact a divorce lawyer in Modesto, CA like the team at AttorneyBernie.com today for more information.
"Bernie and his team have been incredible! Always responsive, professional, and, most importantly, ethical. Bernie's recommendations are exactly what I would expect from a professional in this field. He does not want you wasting your money on something a judge won't ultimately approve in court. In my experience, his team has tried to save me money where they could. I highly recommend him and his team. They will put in the time and effort to ensure you are well represented!"