Trusted & Affordable Divorce Attorney in Tracy, CA
Why Hire a Family Law Attorney in Tracy, California?
Going through a divorce is a challenging experience that can take a toll on anyone. Amidst the emotional turmoil, it’s common for couples to overlook important long-term considerations such as property distribution, ongoing parenting agreements, and financial planning. This is where the expertise of Brian Davalos, a trusted family law attorney in Tracy, California, can make all the difference.
By working with Brian, you can navigate the complexities of divorce with confidence and ease. He has a proven track record of helping fathers of modest means avoid paying hefty child support, and he can provide valuable guidance to those who have left their careers to focus on family matters.
With the help of a skilled divorce attorney in Tracy, California, you can be in a better position to handle the financial and legal matters associated with separation. Don’t hesitate to reach out to Brian for supportive and effective legal counsel during this challenging time. Each state has its ins and outs. Divorce laws in California are slightly different from those in other states. That’s why if you’re filing for a divorce in Tracy, California, it’s best to hire a local divorce attorney.
For example, in some states, the spouse filing for a divorce must provide a valid reason. However, the state of California allows “no-fault divorce,” where your spouse can file for a divorce if they feel like their marriage isn’t working. Here are all the reasons why you need to hire a local divorce attorney like Davalos Law Firm and Brian Davalos:
- Knowledge of Local Rules and Procedures
- Familiarity with Opposing Counsel
- Knowledge of the local bench and legal system
- Experience in practicing in San Joaquin County
three Things to Keep in Mind During a Divorce
California divorce law is complicated and can be difficult for non-resident attorneys. Several legal requirements must be addressed by your divorce attorney in Tracy, California, to file your case. One of these legal requirements is that at least one spouse should be a resident of Tracy, California, for a minimum of 6 months.
In addition, you’re also required to file for a divorce in the state you’ve lived for the past three months. Case in point, challenges arise when one of the spouses has no ties with the state of California whatsoever. To navigate through such legal difficulties, you need an experienced divorce attorney in Tracy, California.
REAL PROPERTY OWNERSHIPDivorce cases where the California court has “personal jurisdiction” are easy to handle. However, if that’s not the case, your divorce might take longer than expected. This is because the California court would need jurisdiction over your property to be equally distributed. When your property is located in a different state, the court can only order the Californian spouse to sell and distribute the property. For example, If you and your spouse got married in California, moved to New York, and bought a property, the state of California has no authority over it. But if your spouse is from California, the state can release a property sell-out order. These matters get tricky when your spouse isn’t from California, and nor are his/her properties located in the state. In this situation, you need support from an expert family law attorney in Tracy, California.
California is one of the nine states that have community property laws. California community property law requires that the majority of all property and earnings acquired during a marriage are to be split equally between the parties. The time both parties have spent together does not affect the distribution of wealth among the ex-spouses.
However, any inheritances are not distributed because they fall under the category of separate property. These community property law clauses are only the tip of the iceberg. Underneath are many layers and loopholes that might be used for or against you during your divorce proceedings. That’s why it is important that you retain an experienced family law attorney in Tracy, California, to represent you during your divorce case.
What Happens When You Don’t Hire a Local Attorney
During your divorce proceeding, your attorney will speak on your behalf, while you will only speak when asked. In the event that you don’t hire a divorce attorney in Tracy, California, you’ll have to represent yourself in what the court labels as “In Pro Per.” This will undoubtedly put you at a severe disadvantage if your spouse has professional help and exposes you to the mistakes that a non-attorney makes when attempting to proceed in pro per. It is important to understand that if you choose to represent yourself, you will be held to the standard of a reasonable attorney who has knowledge of the law, the rules, and the procedure, including rules of evidence that can make or break your case.
In addition, you won’t be familiar with courtroom discipline, terminology, locations of departments, and the proper way in which to file and present documents and evidence, which might jeopardize your case and cause you to lose your desired outcome. In some cases, what could have been a successful outcome with competent counsel may lead to a disastrous result when a party chooses to represent themselves, sometimes requiring substantial attorney fees to remedy a situation that could have been easily prevented.
Finally, without proper knowledge of divorce laws in California, you won’t be able to represent your case within the legal boundaries nor highlight the strengths and take advantage of the strategies the specific facts of your case may provide to you without the knowledge and experience of a divorce attorney in Tracy.
Divorce Is Tough, But Brian Davalos Is Tougher
Divorce is unpredictable, and it’s hard to tell at times what went wrong. According to the Tracy California social statistics, the rate of divorce is 8.4%. Some of these divorce cases were reported under the “no-fault divorce” category, which requires a unique set of skills. Brian Davalos has years of experience as a divorce attorney in Tracy, California, and has been chosen as San Joaquin County’s Best Attorney for four years running!
Brian not only fights but emotionally empathizes with his clients allowing him to learn what happened that caused the separation and offer solutions to his clients to move on with their lives. This information helps Brian build a substantial case that protects your rights and saves you from being a victim of divorce. If you are looking to have more information on this matter or need some questions answered, fill out contact form today so that Attorney Davalos can help.
FAQ: KNOW this BEFORE HIRING A TRACY DIVORCE ATTORNEY
What’s the cost of divorce in Tracy, California?
The cost of divorce in Tracy, California, is highly unpredictable because it depends on variable factors. However, divorce in California costs $17,500 on average, whereas the national average is around $15,000. You might only pay around $435 for filing your case and win in pro per or end up paying thousands of dollars in a court battle. A lot of this has to do with the lawyer you hire and the complexity of your case as well as the timing of when you choose to file and how you choose to proceed. Delay can be costly, and allowing your ex-partner/spouse to put you in a reactionary position can be harmful.
Do I have to go to court even if I hire a divorce attorney in Tracy, California?
In an ideal world, separating couples shouldn’t enter the courtroom. But when there’s property and children involved, you may have to visit the court at some point. Attorney Brian Davalos tries his best to prevent courtroom visits allowing his clients to stay glued to their daily routines, and, if necessary, he can request remote appearances on limited matters.
I believe my spouse is hiding assets; how can I find out?
Intentional or not, hiding assets can affect your divorce proceeding and may lead to severe penalties. Sometimes in a marriage that is not working, a party may begin to hide their assets, money, or property and/or have secret bank accounts. In this situation, it’s best to take help from a forensics accountant. But if you don’t have the means to do so, attorney Brian Davalos can help and can employ many discovery tools, including subpoenas to allow for full disclosure of all assets obtained during the marital timeline.
How many years do I have to be married to get alimony in California?
Under California Family Law, a court considers the duration of marriage for spousal support payments. This duration is applied for marriages that lasted for ten years or less. Such marriages are paid for up to half of the length of the marriage. For instance, if you were married for eight years, the spousal support payment would be paid up to four years. Marriages that last more than ten years are considered long-term, and there’s no duration limit on long-term marriages in California.
What are the grounds for divorce in California?
In California, the grounds for divorce can be either one of the two mentioned below.
- Irreconcilable differences
- Incurable Insanity
Under the irreconcilable differences section, the couple doesn’t need to prove anything. The California court grants divorce simply based on incompatibility, which is also called “no-fault divorce.” In addition, the court isn’t concerned with determining which spouse is at fault for the differences.
On the other hand, divorce filed for incurable insanity must be backed by proof such as medical records of illness. The court may require psychiatric reports and testimony. In addition, the court may require other medical records proving the insanity is incurable. However, this option is rarely used.
Can I agree to an out-of-court settlement?
Yes, you can agree to an out-of-court settlement if you can manage all the finances. The court would not request the attendance of either of the separating spouses and would process the divorce request. The duration for out-of-court settlement starts from the day you file for a divorce in California till you enter the courtroom. Attorney Brian Davalos tries his best to settle out-of-court and help both parties reach a beneficial conclusion.