San Bernardino Divorce Lawyers
Divorce cases are one of the most complex forms of family law cases. There are several ways divorces can be resolved, including in and out of court, and each divorce is unique. Many types of family law cases can be involved in a divorce case. If you are beginning the difficult process of getting a divorce, you need skilled San Bernardino divorce lawyers. The right attorney can help you negotiate or litigate your divorce to secure the most beneficial outcome for your family.
Zitser Family Law Group, APC: Helping Families Resolve Their Divorce and Family Law Cases
Divorce and family law matters are some of the most complicated issues one can face and San Bernardino County divorce attorneys understand this. Things can get even more complicated when high-net-worth individuals are involved. Luckily, Zitser Family Law Group, APC has over 20 years of experience helping California residents with their legal needs. If you are getting divorced or struggling with other family law matters, such as child support, custody, and more, you will need an experienced attorney. Our firm of dedicated attorneys is here to help protect you and your loved ones. We will fight for you every step of the way. Contact Zitser Family Law Group, APC today to learn more about how we can guide you through every facet of the divorce process ahead.
Our Divorce Services
Divorce is an emotionally taxing process. But, it can also be an incredibly expensive process as well. Zitser Family Law Group, APC understands the emotional and financial burdens of divorce. As a result, we are here to protect you and your assets. If you are a high-net-worth individual going through a divorce, you need an attorney who truly understands and can cater to your individual needs. The San Bernardino County divorce attorneys at Zitser Family Law Group, APC has a wealth of experience with the following matters:
- Alimony
Alimony can be awarded during divorce proceedings, after, or both. Alimony which is awarded during a divorce is awarded based on one spouse’s financial need and the other’s ability to pay, so is more likely when there is a substantial difference between the income and financial resources of each spouse.
Alimony that is awarded in the divorce decree is reliant on several factors. This includes each spouse’s financial ability and separate assets as well as how long their marriage lasted. These factors determine the amount and duration of support. When a marriage lasts longer, it is assumed that it will take longer for the spouse receiving payments to become self-supporting.
- Annulments
An annulment can be secured when a marriage is illegal. If granted, it states that the marriage never occurred. This is not the same as a divorce, which ends a legal marriage. Spouses can secure an annulment if the marriage is void or voidable. Annulments may be faster than traditional divorces, but they can have drawbacks.
Each cause for annulment has its own time limit for filing. It’s important to act quickly and discuss with an attorney to determine whether a divorce or annulment is the right move.
- Business Valuation
When couples divide property in a divorce, this includes any businesses in which either spouse has a vested interest or owns. If the business is obtained during the marriage, it will likely be considered community property. A business that was obtained prior to a marriage may still have interest or other elements considered to be community property. Determining this and appraising the business is crucial for a fair division of assets.
- Gray Divorce
Gray divorces are when couples getting a divorce are 50 or older. These couples are often retired or close to retiring, and have different priorities and assets from other divorcing couples. Spouses often have significant assets, and many assets which are tied together more after a lengthy marriage. Spouses also likely have retirement accounts and are planning ahead for their financial support after divorce. All of these elements change how a divorce proceeds.
- High Profile Divorce
When a divorce is considered high profile, spouses have to take special care to keep the proceedings private. Media attention is higher, meaning that it is in a family’s financial and arsenal interests to keep the divorce out of court. Couples must find legal representation that understands this priority.
High-profile divorces also tend to have higher value assets and net worth. Proceedings have to consider unique issues when determining alimony and child support, including extraordinary expenses and the high standard of living that families are used to.
- Post-Judgment Modifications
Modifications can be made to certain court orders, including alimony, child support, and child custody and parenting time. These modifications can be made if those within the family have experienced a significant and relevant change in their life, and it was not within their control.
For example, if one of the parties loses their job, this may allow a modification of support or alimony, either providing them with additional support or lowering the amount they pay. If the party does not request a modification but fails to make payments, they can be held in contempt of court. This is why acting quickly to address modification is important.
- Preparing for Divorce
A divorce can proceed more quickly and efficiently if spouses are prepared in advance. Spouses can work with skilled legal support to determine what information they need and to gather that documentation. When it is time for divorce discovery, this makes it much easier.
- Property Distribution
Nearly every divorce includes the division of property. The property that a couple owns includes both separate and community assets and debts. Separate property is everything each spouse owned prior to marriage, has obtained since separation, and any inheritance or gifts given to them. Community property is property obtained during the marriage, also called marital property.
Spouses have an equal claim to community property. If property division is determined by the court, it will be divided 50/50. How the assets are divided would be determined by the court. Couples can also determine their own division of property without the court’s interference. As long as the final agreement is considered fair, the court will likely approve it.
Because property is split equally, the valuation of all assets is crucial. It is also crucial to properly categorize assets and debts as community or separate. While this may be straightforward for some couples, this can often be complex, especially with certain high-value and complex assets. Professional appraisers and forensic accountants are helpful for accurately splitting assets and debts.
- Separation
Separation, or legal separation, is often the first step in a divorce. It allows spouses to divide their property and determine custody and child support agreements, as well as determine alimony. However, the couple remains legally married. This can be useful for couples who wish to separate but do not meet all the requirements of a divorce. Couples can also use legal separation as the final step in their separation.
Family Law Services
Often, family law issues arise after a divorce. As a result, you will need an attorney who has experience with family law as well. Zitser Family Law Group, APC is ready to put our 20+ years of experience to work in order to guide you through all of your family law matters, including:
- Adoption
Adoption is a fantastic way for a family to grow, become closer together, and change a child’s life for the better. It is also a complex process, requiring steps like home inspections and background checks. Each private agency has its own requirements. Public agencies have different processes, and adopting through independent agreements also has specific guidelines. Legal support is crucial to navigate this process successfully.
- Child Custody
Custody determinations are necessary when parents divorce or separate. These determinations are always made with the child’s best interest in mind. This includes providing them with a stable living environment and care from parents who are able and willing to care for their basic needs. Custody arrangements must determine physical custody and legal custody, and if parents can’t reach an agreement which the court approves of, the court will decide for them.
- Child Support
Child support may be awarded in a divorce case, separation case, or paternity case. It ensures that both parents uphold their financial obligation to their child when parents don’t live together. How much child support is will depend on each parent’s income, the total income parents earn together, the child’s needs, and the amount of time the child spends with each parent.It is important that child support is fairly calculated to provide for a child’s needs without placing either parent in financial hardship.
- Domestic Violence
Accusations of domestic violence can significantly alter the outcome of a divorce or other family law case. Individuals and families suffering from abuse and violence must take action to protect their rights and interests. This includes filing a restraining order. An attorney can help individuals with compassionate and effective legal support.
- Parenting Time
When parents determine custody arrangements, they also typically outline the day-to-day requirements including travel and schedules for themselves and their children. A parenting plan must determine numerous specifics, including the amount of parenting time, or visitation, the child spends with each parent.
- Paternity
Paternity cases can be opened when the parentage of a child is unknown or disputed, particularly when the parents are unmarried. This ensures both parents have legal parental rights and obligations.
- Prenuptial Agreement
Prenuptial agreements impact how spouses can handle debts and assets during their marriage, if either spouse dies, and in a divorce. When they are well-crafted and protect both spouses, they can make a divorce much fairer and speed up the process considerably. An unfair or invalid agreement, however, only adds more complications and can require couples to start from the beginning.
- Move-Away Cases
Also called relocation cases, move-away cases are opened when parents have a custody agreement and one parent wants to move. The court is involved if the other parent disagrees with the move and/or the move will change the custody agreement. Parents must prove whether or not the move is in their child’s interest.
Why Is Divorce Mediation Useful?
Negotiating your divorce, whether through divorce mediation, collaborative divorce, or other methods, can save you time, cost, and stress. They can often be resolved faster because they are not reliant on the court’s schedule and availability. Mediation also allows spouses to work together on their divorce, rather than being pitted against each other on opposite sides of the courtroom. This can lessen their stress and the stress their children experience.
Mediation or collaboration is also less public. A litigated divorce is public record and can increase the public and media attention the divorce has. By keeping the divorce out of court, couples can mitigate this, and keep important financial and personal information out of record.
The most benefits of mediation occur when couples have legal representation. This ensures that the separation agreement is fair and likely to be approved by the court and that each spouse’s rights are being protected. Legal support can also help resolve disputes and address concerns.
Getting a mediated divorce is not right for every couple. It’s important to discuss your unique circumstances with an experienced attorney. They can review the circumstances of your divorce and decide what is the ideal way to protect your rights and financial interests.
Contact a San Bernardino County, California Divorce Attorney
The bottom line is that if you are getting a divorce in the state of California you have a lot at stake. Let Zitser Family Law Group, APC protect you, your assets, and your loved ones. We are here to advocate for you and walk you through the process and anything that may come after. For decades, we have assisted clients in San Bernardino County and throughout California, and we are ready to put this experience to work for you. Contact our team of dedicated attorneys today to learn more about how we can effectively guide you through every step of the divorce process ahead.
