Divorce is one of life’s most challenging transitions, and ending a marriage in Irvine requires that you handle matters such as property division, spousal support, child custody, and other critical affairs. Thus, it is important that you are well prepared to handle your divorce proceedings.
While California is a no-fault divorce state, that does not necessarily mean the process is easy. A divorce involves a lot of moving parts, and each case presents its own set of unique challenges. Whether your divorce is amicable or contentious, having one of Pinkham & Associates Irvine divorce lawyers by your side ensures your rights and interests are protected and well represented in court.
Understanding the Irvine Divorce Process
To better understand how one of our Irvine divorce attorneys can assist you, first, it is important to know how the divorce process typically works:
- You or your spouse files for divorce, and the divorce papers are formally served upon the other spouse.
- There is a 30-day deadline for you or your spouse to respond. If you miss this deadline, the court could grant everything requested in the petition.
- Automatic Temporary Restraining Orders are established to prevent both spouses from hiding assets, cancelling insurance policies, and otherwise attempting to harm the other person. Temporary orders may also be put in place to address immediate needs like child support, spousal support, and the usage of shared homes and vehicles.
- During negotiation, both parties will discuss and evaluate the terms of the divorce. This is known as the discovery period.
- There is a mandatory six-month waiting period before the divorce is finalized. This cannot be waived or avoided.
Once your divorce is finalized, both parties must abide by the terms set. While this process seems relatively straightforward, each case is unique, and complications can still arise even after divorce. This is why having a lawyer is paramount to ensure you are fairly represented both during and after the divorce proceedings.
How Long Will the Divorce Process Take?
In California, all divorces require a mandatory six-month waiting period before they can be finalized, even when both spouses agree on everything. Most cases take longer. Because of negotiations, paperwork, and court scheduling, the average divorce lasts one to two years from start to finish.
Cases involving disputes over property, support, or child custody often take the longest. If custody or complex assets are involved, expect additional discovery, evaluations, and hearings that can extend the timeline.
Although the process can be slow, a knowledgeable divorce attorney can help keep your case moving. Your lawyer will handle filings, negotiate on your behalf, and work to resolve issues as efficiently as possible.
When Do I Need to Hire an Irvine Divorce Lawyer?
There are several ways in which an Irvine divorce lawyer can help your case.
Complex Property and Asset Division
If your marital estate includes high-value or complex assets, hiring an attorney is essential. Divorces involving business ownership, partnership interests, multiple real estate holdings, or substantial wealth require accurate valuations and an understanding of the tax consequences that come with dividing those assets.
These cases often bring added complications and disputes. An Irvine divorce attorney can ensure every asset is properly identified, evaluated, and accounted for. Your attorney will protect your interests throughout the process and work to achieve a fair and thorough division of all marital property.
Suspicion of Hidden Assets or Financial Dishonesty
If you suspect your spouse is hiding assets, underreporting income, or being dishonest about their finances, an attorney can help. Warning signs to look out for include sudden changes in spending patterns, transferring assets to family members, and offshore accounts, among others. With an attorney, you can subpoena records from third parties and work with forensic accountants to uncover any potentially deceitful actions from your spouse to protect your rightful share.
Contested Custody Disputes
When custody arrangements cannot be agreed upon, a lawyer can protect your parental rights. This is especially true if the other parent is making unfounded allegations against you, threatening to relocate with your children, or has a condition that impacts their parenting ability. Our divorce attorneys in Irvine will support your custody position and challenge any unfair terms or allegations while advocating for you and your child’s best interests.
Prenuptial or Postnuptial Agreement Disputes
Prenuptial and postnuptial agreements can be challenged in court. They are not always iron-clad, and questions can arise about their validity. If your agreement is challenged or if you wish to challenge an agreement, it is best to get in touch with an attorney to review the best course of action.
Protection from Coercion or Manipulation
If you have a manipulative, abusive, or controlling spouse, your attorney can act as a buffer and ensure you are not pressured into an unfair divorce agreement. Some spouses use emotional manipulation or threats to gain an unfair advantage in a divorce proceeding. Our attorneys will protect you from this unfair treatment.
Divorce is emotionally exhausting, and the legal process can be confusing, which can lead to poor decision-making. Our attorneys will handle all the legalities on your behalf.
Get Help from Our Experienced Irvine Divorce Lawyers Today
With over 25 years of experience helping Irvine residents get through one of the toughest times of their lives, you can trust Pinkham & Associates. Our Irvine divorce lawyers are ready to assist you. To schedule a free consultation at no risk to you, contact us today.
