Best Divorce & Separation Lawyers in Redlands

About Divorce & Separation Law in Redlands, United States

Divorce and separation laws in Redlands, California, are primarily governed by California state family law. These laws cover the process for legally ending a marriage or partnership, resolving issues like child custody and support, division of property, and determining spousal support. Whether couples choose divorce or legal separation, the legal process is designed to ensure a fair and equitable resolution for both parties, protecting children and ensuring property and financial interests are considered.

Why You May Need a Lawyer

Going through a divorce or separation can be complex and emotionally challenging. You may need a lawyer in situations where there is disagreement about child custody or visitation, disputes over property or asset division, questions about spousal or child support, concerns about domestic violence, or when either party owns significant assets or has substantial debts. A lawyer is especially valuable if your spouse has hired an attorney, you want to ensure your rights are protected, or you are feeling uncertain about the process and your obligations.

Local Laws Overview

Redlands is located in San Bernardino County, California, and follows California family law. Here are some important legal aspects:

• No-fault divorce: California allows no-fault divorce, meaning you do not have to prove wrongdoing by your spouse. The most common grounds are "irreconcilable differences."
• Residency requirements: At least one spouse must have lived in California for the past 6 months and in San Bernardino County for the past 3 months before filing for divorce.
• Legal separation: Legal separation allows couples to address finances, custody, and support without ending the marriage. Residency requirements are less restrictive.
• Community property state: California divides marital property equally between spouses unless there is an agreement otherwise.
• Child custody and support: The court prioritizes the child's best interest when determining custody and support arrangements.
• Spousal support: Either spouse may request financial support, often called alimony, based on several factors, including length of marriage and each party’s financial situation.
• Domestic partnership: California recognizes domestic partnerships and offers similar legal protections and separation processes as marriage.

Frequently Asked Questions

What is the difference between divorce and legal separation?

A divorce legally ends a marriage, while a legal separation allows spouses to live apart and settle matters regarding finances and parenting without dissolving the marriage itself.

How long does the divorce process usually take in Redlands?

By California law, there is a minimum waiting period of six months from the time the divorce paperwork is served. Complex cases or disputes can make the process take longer.

Do I have to prove my spouse was at fault to get divorced?

No. California is a no-fault state, so you only need to state "irreconcilable differences" as grounds for divorce.

Will my property be divided 50-50?

Under California’s community property laws, most property and debts acquired during the marriage will be divided equally unless there is a valid agreement stating otherwise.

Can I get a divorce if my spouse does not want one?

Yes. Only one spouse needs to file for divorce. The court can proceed with the divorce even if the other spouse does not participate.

How does the court decide child custody?

The court looks at the best interests of the child, including the child’s health, safety, and welfare and which parent can provide a stable and loving environment.

What if I cannot afford a lawyer?

There are legal aid groups and self-help centers in San Bernardino County that may provide free or low-cost legal assistance for family law matters.

How is spousal support determined?

The court considers factors like the length of the marriage, each spouse’s income and needs, and the standard of living during the marriage.

What happens if we resolve everything outside of court?

You can submit a written agreement (known as a marital settlement agreement) to the court for approval. The judge will review it to ensure it is fair and complies with the law.

Can we both use the same lawyer?

No. Lawyers cannot represent both parties in a divorce because it creates a conflict of interest. Each party should have their own legal counsel.

Additional Resources

If you need guidance or support regarding divorce and separation in Redlands, consider these resources:

• San Bernardino County Superior Court Family Law Division - Handles divorce, separation, child custody, and support matters.
• San Bernardino County Department of Child Support Services - Offers help with child support establishment and enforcement.
• Legal Aid Society of San Bernardino - Provides free or low-cost legal assistance for qualifying individuals.
• San Bernardino County Family Law Self-Help Center - Provides information, workshops, and assistance with court forms and filings.
• Mediation Services - Court-connected or private mediation can help resolve disputes outside of court.
• California Courts Official Website - Offers do-it-yourself guides and forms for divorce and separation proceedings.

Next Steps

If you are considering divorce or separation in Redlands, start by gathering important documents and thinking through your goals for property division, child custody, and support. You may want to schedule consultations with local family law attorneys to discuss your specific situation and get professional advice tailored to your needs. Many attorneys offer initial consultations, sometimes for free or a minimal fee. If affordability is an issue, contact a local legal aid office or the court’s self-help center for assistance. Taking proactive steps early on will help you make informed decisions and protect your interests during this difficult time.