Proactive Roseville Family Law Solutions
When family matters become legal matters, it is important that you have an experienced and compassionate legal advocate as a resource and guide. Your divorce, child custody dispute or adoption will have long-lasting effects on your life and family. We can help.
At McCoy Fatula, APC, we provide solutions today to protect your tomorrows. Start getting answers by calling 916-676-0536.
We make your priorities our priorities when you retain our services.
Protecting Your Legal And Financial Rights In Divorce
We will make sure you are well-informed of the court process in divorce and will help devise a long-term strategy for your success, but we will also address your immediate needs and goals. We go to work for our clients right away. For example, if we can settle your divorce out of court before the six-month waiting period has passed, we will have your settlement agreement completed and prepared to be granted by the court at the earliest opportunity.
From complex and high-asset property division to divorces involving unresponsive or uncooperative spouses, our practical experience means that we can find appropriate legal solutions regardless of your unique circumstances and family situation.
Comprehensive Family Law Services From A Diverse Legal Approach
At McCoy Fatula, APC, our attorneys approach each case from multiple angles. Family law involves numerous issues – your legal issues may not fit neatly into easily divided categories.
Instead, we focus on how to put you, our client, in the best possible position. Whether that involves revising or drafting an estate plan, protecting your business or dealing with allegations of domestic abuse, we can help.
Roseville Family Law Focused On Your Children’s Welfare
We use our extensive experience in a wide array of family law matters to help you navigate complex issues with confidence. We have a track record of finding efficient resolutions in child support matters, including modifications to child custody, child support and spousal support.
In all child custody disputes, we will not be satisfied until we have achieved a result that protects your rights and represents the best interests of your children, while seeking to minimize conflict and trauma to your children.
Forward-Thinking Representation To Protect Your Family’s Future
We also routinely help families avoid future problems. We can help complete a stepparent adoption to avoid a situation in which a biological parent obtains custody despite not being a part of the child’s life. We can also help you with prenuptial and postnuptial agreements in order to protect your financial outlook when entering marriage.
What Are The Grounds For Divorce In California?
California is a no-fault state, so no one has to prove that the other party has done anything wrong or caused the divorce. As such, the state uses just two legal grounds. In most cases, people will cite irreconcilable differences, simply claiming that the relationship isn’t working for personal reasons that they cannot overcome. These reasons can be their own, and nothing has to be proven. In very rare cases, incurable insanity can still be used as grounds for divorce under California law. This does need to be proven, but it is far more likely that a couple will simply claim irreconcilable differences and go forward with a no-fault divorce.
What Is The Process For Filing For Divorce In California?
There are four main steps to file for a divorce in California:
- Starting the case: The first step to start the divorce case is when one spouse files the divorce paperwork and then serves that paperwork or summons to the other spouse. The spouse who has been served needs to be given a reasonable chance to read the documents and decide how they are going to respond.
- Financial disclosures: The next step is to make disclosures about assets that a couple owns, income that they receive, debts that they have and other financial details. California is a community property state, so many assets are simply split 50-50 between divorcing couples. These assets could include real estate, investment portfolios, bank accounts and savings, business ownership and tangible assets like vehicles or home furnishings.
- Making key decisions: The third step is to make all of the important decisions and get the appropriate court orders in place. Parents need to split up both physical and legal custody of their children, for instance, along with agreeing on property division allocations. In some cases, couples will come up with these solutions on their own and have the court sign off on them, or the court can make a decision and issue an order when the couple can’t find a compromise.
- Finalizing the divorce: The final step is simply to finalize the divorce and get the final decree from the court. Depending on the complexities of the divorce case, this could take six months or even longer than a year.
As you work your way through these steps, it can help to have an experienced legal team on your side.
How Long Does It Take To Finalize A Divorce In California?
There’s a waiting period in California of six months. This means that even if you and your spouse agree to all of the details on the very first day, the court can’t issue the final decree until the six-month deadline has elapsed.
Divorce often takes longer if there are complications. Perhaps your spouse drags their feet responding to the divorce summons. Perhaps there are hidden financial assets that need to be discovered, so the disclosure process takes longer. Maybe you and your spouse can’t agree on child custody, so it takes the court months to sort through evidence and make a ruling. The more disagreements there are, the longer the process typically takes.
When Is The Right Time To Hire A Family Law Attorney In California?
If your spouse has filed for divorce, it’s important to hire an attorney as soon as you can. If you’re going to file, it may be best to begin working with an attorney even before you do so. You can take time to explore your legal options, gather documentation and take other steps so that the divorce goes smoothly.
The best way to proceed is often by setting up an initial consultation. You can meet with a divorce attorney, explain your case and get legal guidance or advice. Attorneys can often foresee the complexities that may arise and will help you take steps to overcome or avoid them, along with giving you guidance regarding the specific legal steps you need to take.
What Can A Roseville Family Law Attorney Do To Help You With Your Case?
A family law attorney can help you from the very beginning. You need to know what court to file your paperwork in, how to serve that paperwork to your spouse – this can sometimes be complicated, such as when your spouse won’t cooperate or is difficult to locate – and much more. They can also address any unique factors relating to your divorce. For instance, if your spouse is a member of the military, it can make the divorce case take longer because the court can apply a stay if your spouse is deployed and needs to return home to be part of the legal process.
As you start moving forward, your attorney can simply help you understand the laws and precedents in California, along with taking key steps. These could include gathering financial documentation and evidence, for instance, or presenting your case when seeking custody rights of your children. They can also help you prepare a defense when needed, such as if your spouse accuses you of abuse or other issues that may put those custody rights in jeopardy.
Get Answers To Your Questions. Call Today.
Our lawyers have the experience and knowledge to proactively engineer solutions to difficult and complex family legal problems and issues. Please contact us at 916-676-0536 or 916-888-1314 to begin a conversation with one of our lawyers today. We are located in Roseville, California, and represent clients throughout the greater Sacramento area.