Santa Rosa Divorce Attorney
Know that there is nothing inherently wrong with filing for divorce.
We are committed to crafting a strategy that will help you have a brighter future.
Santa Rosa Divorce Lawyers Committed to Fighting for YOU!
Divorce is one of the most challenging events some people go through. Though some try to navigate their divorce alone, having an attorney by your side can help you achieve a favorable and satisfying resolution.
At Vivian & Agil Law, we handle divorce cases on a regular basis and have the knowledge and expertise to manage your individual case. While divorce can be extremely complicated, it should not be complicated for the person going through the divorce. Our attorneys handle the difficult aspects of divorce, including filing all the correct paperwork, negotiating with the opposing side, filing motions and attending court, conducting discovery, and preparing for and litigating at trial.
Following the filing of the divorce petition, California law requires the filing party to wait at least six months from the day the other partner is served with the documents before the divorce can be finalized. This cooling off period is put in place to prevent people from abusing the court system.
What should I do if I was served with divorce papers?
First, stay calm. Unfortunately, dissolution of marriage, legal separation, and nullity cases are quite common as nearly half of all marriages end in divorce. Our attorneys will help you get through this difficult time. After you get over the initial shock of being served with divorce paperwork, it is time to get focused on the case. The chances are high that your spouse has been planning the divorce for some time and you’ll need to play catch-up. Begin gathering financial documents, account statements and passwords, tax returns, receipts, and take pictures of the items in your home. The more information you have going through a divorce the better off you will be. Next, you should contact a Santa Rosa divorce attorney at Vivian & Agil Law because you will have 30 calendar days to file a response to the divorce case.
If my spouse cheated, will that have any effect on the divorce?
No. California is a no-fault divorce state, where a partner can file for divorce based on “irreconcilable differences” according to Cal Fam. Code 2311. This means that no reason needs to be given. The fact that one spouse or both spouses were cheating on each other during the marriage will not affect either party’s right to request a divorce. However, in certain circumstances, undisclosed unilateral gifts to a boyfriend or girlfriend from community property during marriage may give rise to a claim for reimbursement.
What do I do if my spouse is hiding assets?
Sometimes a party to a divorce or legal separation thinks that they can get away with hiding assets. It is important to realize that this is a bad idea. First, parties are required to disclose all assets and debts in their preliminary declarations of disclosure. The other party may know that an asset exists that is not been disclosed and these disclosures are signed under penalty of perjury. Second, the ramifications for intentionally failing to disclose an asset could include the asset being awarded to the other spouse entirely. That is usually enough to ensure that a party will not risk the nondisclosure. Third, it is fairly common and easy to determine if assets exist that have not been disclosed. Attorneys have many discovery tools available to them, including the right to demand documents going as many years back as may be relevant. Taking depositions, sending subpoenas, hiring private investigators, forensic accounting so forth. If you believe your spouse may be hiding assets, call us immediately.
What is the cost of a divorce attorney?
The cost of a divorce case will ultimately depend on the issues involved and the cooperation of both parties. Attorney’s fees will be reduced when the parties are more cooperative than uncooperative, and all information is easily disclosed. Additionally, if parents of children agree ahead of time to a custody schedule and child sharing arrangement, the case will go much quicker and will be far less expensive. Simple cases can be concluded for about $1500 or, if the parties go to war, it can lead into the many hundreds of thousands of dollars. When you call to schedule your initial consultation with our Santa Rosa Divorce Attorneys, we will sit down with you and go over the specifics of your case and try to provide you with a realistic idea depending on your circumstances.
Additionally, Vivian & Agil Law offers Divorce Mediation to keep costs down in where if both parties can amicably sit down with reasonable expectations, we can generally resolve your divorce with minimal costs. If this solution might work for you, contact us today!
The Divorce Process
Let our Santa Rosa Divorce Lawyers help you through this difficult process. You should not have to do this alone.
Petition
Every divorce case begins with the filing of a Petition for dissolution of marriage. The petition sets forth the general requests of the filing party. The paperwork must then be properly served on the opposing party and they have 30 days to file a response to the case.
Request for Order / Court
Either party can file a motion with the court, called a Request for Order (RFO). A motion is the procedure for a party to request “temporary” orders on issues that need to be addressed before the entire case can be resolved. The court will also set hearings to help resolve the matter.
Discovery
After a divorce is filed, either party can initiate discovery on the other party or third parties. Gathering key information can take place in many forms, including demands for documents, subpoenas, depositions, interrogatories and so forth to help obtain what you should rightfully be entitled to.
Dissolution
A divorce case is completed in only three possible ways. First, the case can be dismissed by mutual agreement, or if the respondent has not filed a response. Second, the parties can agree to the terms of their settlement. Third and finally, cases will end after a trial if the parties cannot agree to the terms of their divorce beforehand.
Why Trust Vivian & Agil Law?
Your Sonoma County Divorce Attorney
Divorces create emotional breakdowns and can make you highly vulnerable. Therefore, without proper representation, you might end up making a decision that could set you up for serious problems in the long run.
The Santa Rosa Divorce Attorneys at Vivian & Agil Law are committed to crafting a strategy that will help you obtain the favorable outcome you deserve. Seeking professional help would not only alleviate the stress caused, but will also assist you in overcoming the serious life changing obstacles you will face. We serve the Santa Rosa, Petaluma, Rohnert Park, Windsor, Sonoma, Healdsburg, Cotati, Sebastopol, Cloverdale, Sonoma, Marin, Mendocino, or Napa areas.
