Some key issues in a divorce include child custody, property division, child support, and alimony (spousal support), which could stir quite a dispute if you have a contentious relationship with your spouse. At the Law Office of Vincent S. Hughes, our experienced divorce attorney in San Bernardino is skilled in handling these matters and could provide the knowledgeable legal counsel you need to pursue a favorable outcome. Call our office to speak with us about divorce and other family law matters.q

Do I need grounds for divorce?

California is a no-fault divorce state, and issues such as adultery do not come into play when filing for divorce. There are only two legal grounds for divorce, regardless of whether the divorce is contested or uncontested:

  • Irreconcilable differences
  • Permanent legal incapacity to make decisions 

Adultery does have an impact on the key divorce issues, such as alimony, property division, or child custody. 

What is the difference between a contested and uncontested divorce?

There are two main types of divorce – contested and uncontested. When both parties agree on the key issue in divorce, it is an uncontested divorce. A contested divorce is when the two parties cannot come to an agreement on one or more of the major issues, and the case must go to mediation or to trial. These are some of the most notable differences between an uncontested and contested divorce:

  • Time: When spouses disagree on multiple divorce-related issues, it can take a substantial amount of time to resolve them, whether through mediation or in court. Lengthy court proceedings are common in high-conflict divorce cases. In an uncontested divorce, when spouses are in total agreement, the marriage can be dissolved relatively quickly.
  • Cost: Given that an uncontested divorce requires less time than a contested divorce, they also typically cost less. A contested divorce, if it goes to trial, could potentially need a variety of experts, and require that your attorney devote hours of work inside and outside the courtroom. As such, a contested divorce generally incurs higher costs.
  • Emotional toll: It is essential to factor in the emotional toll a divorce can take on a family. In an uncontested divorce, the emotional toll can be less extreme. In a heavily contested divorce, tensions often run high, and both parties feel the impact, even after achieving a resolution. 

Key issues in a divorce

In a divorce, there are typically four main issues spouses must resolve:

  • Child custody: If you share children with your spouse, one of the issues you will need to resolve is custody and how your time with them will be divided. These matters are based on numerous factors that are designed to support the best interests of the children.
  • Child support: Both parents are expected to continue to financially care for their children. If the children are spending substantially more time with one parent, it is assumed that the parent is already financially supporting them. The other parent is then expected to pay child support.
  • Property division: Unless you have a prenuptial agreement that states otherwise, you and your spouse will have to split your marital assets and debts equally. 
  • Alimony: Alimony, which is also known as spousal support, is not guaranteed in a divorce. There are two types of alimony that could be granted – temporary and long-term alimony. Temporary alimony could be granted to help support a spouse throughout the divorce process. Long-term alimony is designed to give the lower-income-earning spouse financial support until they can become self-supporting, which is also sometimes referred to as rehabilitative alimony. Recipients should take the proper steps to support themselves. 
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Why choose us?

If you are going through a divorce, it is vital to have skilled legal counsel to help you navigate every step of the process and ensure you do not make any costly mistakes. Our dedicated divorce lawyer at the Law Office of Vincent S. Hughes in San Bernardino could provide the compassionate and knowledgeable legal support you need. 

He will work closely with you to understand the complexities of your case and advise you on your next steps and will help you pursue the most favorable outcome possible. Reach out to our office today to schedule a consultation and learn more about how our legal team can serve you and protect your rights and interests in divorce. 

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