At the Law Offices of Ali Yousefi, P.C., we recognize a divorce’s profound impact on your life, emotions, and financial well-being. Navigating a divorce in California can be challenging, even if you are not in an adversarial split. When you choose us to represent you, you get the benefit of a divorce lawyer in San Mateo who will fight tirelessly to help you secure the best possible outcome. We are dedicated to guiding you through every step of the California divorce process while ensuring you feel empowered to make informed decisions about your future.
Divorce, or dissolution of marriage, is a significant decision that brings about many challenges and uncertainties—even in an amicable divorce. Our San Mateo divorce lawyers are committed to providing clear, straightforward guidance tailored to your unique situation. Our goal is to demystify the divorce process, offering support to reduce stress and promote a sense of control over the decisions you have ahead of you.
Divorce and Family Law Services We Offer
The Law Offices of Ali Yousefi offers a wide range of services related to divorce and family law matters, including:
- Uncontested and contested divorce,
- Property and asset division,
- Child support orders and enforcement,
- Child custody and visitation,
- Spousal support,
- Pre-nuptial agreements,
- Domestic violence and restraining orders, and
- Mediation.
If you have questions about filing for divorce in California or any other family law matters, please contact our office to schedule a consultation.
Contested vs. Uncontested Divorce
California is a no-fault divorce state, meaning either spouse can file for divorce for any reason. For example, many filings cite irreconcilable differences as the reason for divorce. It doesn’t mean the proceedings must be adversarial even if you choose to get divorced. An uncontested divorce is where you and your spouse agree on all outstanding issues, such as spousal support and child custody. A contested divorce means you can’t resolve one or more topics, such as how to separate community property.
Property Division: Community vs. Separate Property
When it comes to divorce, California is a community property state. This means that:
- Community property is divided equally between divorcing spouses. Community property includes the assets and debts acquired or incurred during the marriage.
- Separate property is not divided and left for each spouse to keep. Separate property is anything each spouse owned before the marriage or acquired by gift or inheritance.
You can avoid a 50/50 split if you and your spouse agree on a different type of property division in open court or a written contract. However, having a skilled San Mateo divorce lawyer review the terms of any agreement can help ensure you receive a fair share of the community estate.
Child Custody: Building a New Family Dynamic
In divorce cases involving children, the court must decide what custody rights each parent will have. There are two types of custody:
- Legal custody—refers to a parent’s right to make decisions about the child’s health, education, and welfare; and
- Physical custody—addresses where the child will live and who will provide their day-to-day care.
The court uses the best interest of the child standard in making its custody decisions. Courts favor arrangements that promote frequent and continuing contact between the child and both parents, unless it would harm the child. Depending on the situation, either type of custody can be joint or sole.
Child Support: Ensuring Your Child’s Financial Stability
Divorce courts that deal with child custody issues must also enter orders for child support. California courts use a statewide formula to calculate child support based on:
- Each parent’s income,
- The amount of time each parent spends with the child, and
- Certain deductions and expenses.
The formula’s purpose is to ensure that children maintain a standard of living similar to what they would have had if their parents stayed together.
Spousal Support: Providing Financial Help to an Ex
Spousal support (also known as alimony) is not given automatically in a divorce case, but it may be awarded in certain situations. A court may order spousal support if it would be just and equitable. In awarding support, courts consider the following:
- The length of the marriage,
- Each spouse’s earning capacity,
- The paying spouse’s ability to pay,
- Contributions a spouse made to the other spouse’s education or career,
- The receiving spouse’s needs,
- Whether either spouse has a history of violence against the other,
- The standard of living during the marriage, and
- The age and health of each spouse.
Support can be temporary or long-term, especially in marriages lasting for many years.
The Process of Filing a Divorce in California
Understanding the divorce process in California is crucial. Getting your case started involves a number of tasks, and there are several steps you’ll need to take to keep it moving. Let’s look at your basic obligations in a divorce case.
Fulfilling California’s Residence Requirements: Where Your Journey Begins
Before filing for a divorce, the law requires that either you or your spouse have:
- Lived in California for at least six months, and
- Lived in the county where you plan to file for at least three months.
If you can’t meet these time periods, you may still file for a legal separation and amend your petition to request a divorce once you satisfy the residency requirement.
Filing the Divorce Petition: Taking the First Step
You’ll need to file a petition for dissolution of marriage to get a divorce. This petition outlines basic information about your marriage and spouse, including:
- Dates of marriage and separation,
- If there are any children involved,
- Your grounds for divorce, and
- Any separation agreements previously made between you and your spouse.
You may file for divorce alone, or you and your spouse may file jointly. Whichever route you choose, our San Mateo divorce lawyer can help the process run as smoothly as possible.
Serving the Petition: Notifying Your Spouse
After filing your divorce petition, the next step is to serve your spouse with copies of the petition and a summons. In general, serving your spouse means having someone at least 18 years old and not a party to the case personally deliver the paperwork to your spouse. Service helps ensure that your spouse has official notice about the filing and a chance to respond.
Responding to the Petition: Your Spouse’s Turn
Once served, your spouse has 30 days to file a response to your petition. If your spouse does not respond by the deadline, the court might enter a default judgment in your favor.
Collecting and Sharing Evidence
After your divorce case opens, you must gather proof to support your position on every divorce issue. You must also share evidence with your spouse, including mandatory financial disclosures about your:
- Assets,
- Debts,
- Income, and
- Expenses.
Your spouse must give you the same financial information. Regardless of other differing factors, every divorce case must address a couple’s finances, and mandatory financial disclosures help ensure fairness in the division of property and support determinations.
Getting to a Final Judgment
There are several ways to get a final divorce decree. You may:
- Negotiate a settlement of all matters in your divorce and submit your agreement to the judge for approval,
- Settle as many issues as you can with your spouse and let a judge decide the rest in a divorce trial, or
- Let a judge decide all divorce matters after presenting your evidence and arguments in a divorce trial.
Once you submit all documents, proof, and arguments, the court approves any relevant agreements or makes its own final orders. After the court makes its decisions, you receive a judgment of dissolution of marriage. At that point, you are legally divorced.
We know that getting a divorce is stressful, and we don’t think you should face it alone. Our experienced San Mateo divorce attorney can help craft a divorce plan that reduces conflict and respects your and your family’s rights. Contact the Law Offices of Ali Yousefi today to receive experienced guidance in your case.
We Can Help You Get It Done
From preparing and serving the initial divorce documents to negotiating financial disclosures and finalizing a resolution, our legal team will be with you at every step. We prioritize protecting your rights, whether it involves child custody, spousal support, property distribution, or any other concern that arises during your divorce.
Cost is a significant consideration in any divorce. While the expenses associated with dissolution vary widely, our firm is transparent about the factors influencing costs. These include the:
- Complexity of asset division, especially in high-net-worth cases;
- Level of cooperation between both spouses; and
- Potential need for expert witnesses, such as a business valuation specialist.
Our representation extends to all facets of divorce law, from straightforward cases to those involving complex financial arrangements and high-value assets. We are adept at handling sensitive issues with discretion and skill, recognizing the unique challenges faced by high-profile people, business owners, and individuals with significant investments.
Why Choose Our Divorce Lawyers in San Mateo?
Choosing the right legal team is crucial in a divorce. The Law Offices of Ali Yousefi stands out for our commitment to integrity, dedication, and compassion. We understand that you are entrusting us with not just a legal matter but also your future and the well-being of your family. Divorce is a life-changing event; you need a skilled lawyer to guide you through it.
We aren’t looking to drag your case out to increase billing or grandstand in the courtroom—we want to help you resolve your divorce promptly and fairly. Our attorneys are here to protect your interests, whether through negotiated settlements, collaborative agreements, mediation, or trial.
How Long Does A California Divorce Take?
There is no definitive time that a divorce will take, except that there is a six-month waiting period from the date you serve the divorce petition on your spouse. Finalizing your divorce can take longer than six months, especially if complex issues exist. If you cannot resolve these disputes, your case must go to court, which can significantly prolong the timeline. Mediation offers an alternative to traditional litigation. It focuses on problem-solving and negotiation to reach an amicable settlement. This approach can minimize conflict and promote a cooperative atmosphere, which is especially beneficial in cases involving children. Our experienced trial attorneys are ready to represent your interests in court when litigation becomes necessary.
Contact a Divorce Lawyer in San Mateo
The Law Offices of Ali Yousefi can help if you’re filing for divorce or have been served with a divorce petition. We’re dedicated to solving your divorce disputes and custody matters in the most advantageous way for you and your family. Our proven track record in and out of the courtroom reflects our commitment to excellence and our clients’ trust in us. We invite you to contact us to discuss how we can support you through this challenging time. Our experienced San Mateo divorce lawyers stand ready to provide the guidance and representation you need to navigate your divorce confidently.