The Law Office James-Phillip V.M. Anderson The Law Office James-Phillip V.M. Anderson

Roseville Divorce Lawyer 

Going through a divorce can be a difficult time at best. At worst, it can be complicating and exhausting. Spouses can feel drained, both physically and mentally. Self-care, important under any circumstances, can become existential when is dealing with the fallout of starting divorce proceedings. In the midst of all this, are the difficult legal issues that have to be handled as a part of the settlement. At The Law Offices of James-Phillip V.M. Anderson, our Roseville divorce lawyer can’t make all the pain go away. But we can certainly take the legal burden off a spouse’s shoulders, giving them the peace of mind they need to take care of themselves. 

We serve clients throughout Placer County, Nevada County, and Sacramento County. Call today at (916) 791-7273 or fill out our online contact form and arrange for a consultation with our Roseville divorce attorney.

The state of California allows for divorce on the grounds of irreconcilable differences. The differences do not need to be proven, or even specifically cited. They do not require the agreement of both spouses. All of which is to say that a person who wants a divorce will likely be able to get it. But that’s when the real legal trenchwork has to begin. 

Understanding the Divorce Process in California

Navigating a divorce can be overwhelming, especially when you're unfamiliar with the legal process. At The Law Office of James-Phillip V.M. Anderson, we believe that knowledge is power. That's why we provide our clients with a clear roadmap of what to expect during their divorce proceedings.

Here’s a brief overview of the key stages in a California divorce:

  1. Filing the Petition: The divorce process begins when one spouse files a petition for divorce in court. This document outlines the grounds for the divorce and requests specific relief, such as property division and custody arrangements.
  2. Response from the Other Spouse: The other spouse has the opportunity to respond to the petition, agreeing or contesting the terms proposed.
  3. Discovery Phase: Both parties exchange information and documents related to assets, debts, and other relevant issues. This phase is crucial for ensuring a fair settlement.
  4. Negotiation and Settlement: Many divorces are resolved through negotiation, where both parties work together to reach an agreement on key issues, including property division and child custody.
  5. Trial (if necessary): If an agreement cannot be reached, the case may go to trial, where a judge will make the final decisions on contested issues.

Understanding each step can help alleviate some of the stress associated with divorce. Our experienced attorneys are here to guide you through every phase, ensuring you feel supported and informed. Contact us today to learn more about how we can assist you in this challenging time.

What Must Be Settled in a California Divorce

Every case will be different, and some cases will have more to settle than others. The couple who has been married for two years and has yet to purchase a home or have children will have less to settle than the couple married for 34 years with five kids. The short-term marriage with only a modest 401(k) account to work out will have less to settle than a long-term marriage with an extensive stock portfolio and a vacation home. 

The issues that have to be resolved in a California divorce settlement fall broadly into the following categories…

Property Division

California is a community property state, so the settlement must resolve the property division on a 50/50 basis. But that is only for the property that belongs to the marriage, not to the spouses individually. How do you tell the difference? Our Roseville divorce attorney can help. 

Spousal Support

The legal term for what is commonly called alimony is spousal support. Family law judges in California are given an extensive list of factors to consider when determining an appropriate spousal support payment. Spouses need to know that their lawyer has a firm grasp of all the relevant details and can communicate their interests to the judge—or in the negotiated settlement—as clearly as possible. That’s what we do. 

Child Custody

There are two types of child custody—physical and legal. The former refers to where the child lives, the latter to the decision-making authority in the child’s life. These two types of custody can be handled in two different ways—either sole (exclusively the prerogative of one spouse) or joint (where the spouses share responsibility). Furthermore, each type of custody can be shared in a different way. Physical custody might be joint—the child lives primarily with one parent. Legal custody might still be joint—each parent having equal say on matters like education, medical decisions, and religious upbringing. How it’s resolved may come down to how well a client’s Roseville divorce lawyer lays out their case. 

Child Support

Once child custody is resolved, the parents must decide how the costs of raising the children will be shared. California law is clear—regardless of what custody decisions were made, parents share equal responsibility for the costs of raising children. Our attorney can work with parents, within the guidelines outlined by the state of California, to shape a fair child support plan.

Commonly Asked Questions

What are the grounds for divorce in Granite Bay, CA?

In Granite Bay, CA, the primary ground for divorce is irreconcilable differences. This means that one spouse can file for divorce without needing to prove fault or provide specific reasons.

How is property divided in a divorce in California?

California is a community property state, which means that assets acquired during the marriage are typically divided equally between both spouses. However, separate property, which is owned before the marriage or received as a gift or inheritance, is not subject to division.

What factors are considered when determining spousal support?

California courts consider various factors when determining spousal support, including the length of the marriage, the standard of living during the marriage, the recipient's needs, and the paying spouse's ability to pay.

How is child custody determined in a divorce?

Child custody in California is determined based on the best interests of the child. Factors considered include the child's age, health, and emotional ties to each parent, as well as each parent's ability to provide for the child.

What happens if my spouse does not agree to the divorce?

In California, one spouse can file for divorce without the other's consent. If the other spouse does not agree, the divorce process will still continue, and the court will make decisions regarding property division, child custody, and support as necessary.

Collaborative & Compassionate Legal Counsel

At The Law Offices of James-Phillip V.M. Anderson, we know that people don’t come to our doors looking to be judged. They need someone who will understand what they’re going through, and have the legal know-how to help them through it. That’s what we offer. Learn more about our collaborative divorce services. 

Call our Roseville office at (916) 791-7273 or contact us online to set up a consultation with our Roseville divorce lawyer.

Helpful Resources

Commonly Asked Questions

How is property divided in a California divorce?

California operates under community property laws, meaning that any property acquired during the marriage is typically divided equally between both spouses. However, distinguishing between community property and separate property can be complex. Community property includes assets and debts incurred during the marriage, while separate property includes assets owned before marriage or received as gifts. A knowledgeable Roseville divorce lawyer can guide you through this process, ensuring that your rights are protected and that you receive a fair settlement.

What factors influence spousal support in California?

Spousal support, often referred to as alimony, is determined by various factors outlined by California law. These include the length of the marriage, the standard of living during the marriage, the financial resources of each spouse, and the contributions made by each spouse to the marriage. The goal is to ensure that both parties can maintain a similar quality of life post-divorce. If you're in Roseville and facing spousal support issues, having a skilled attorney can help you navigate these considerations effectively.

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Frequently Asked Questions

  • What if my ex isn’t paying child support?
    A:

    The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.

  • Do I need a lawyer to get a divorce?
    A:

    Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.

  • How do I get a restraining order?
    A:

    If you are in imminent danger, call the police. If police concur that the threat of domestic violence is real and imminent, they can have a judge issue an emergency protective order that will last up to a week. Then your lawyer can help secure a temporary restraining order, which lasts for 20-25 days and is intended to keep you safe until the hearing. At the hearing, evidence of the need for long-term protection can be presented. If the evidence is persuasive, a judge may issue a permanent restraining order that can last as long as five years.

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