Huntington Beach Divorce Lawyer
Practice Areas
Huntington Beach Divorce Attorney
Divorce is a difficult process, but a skilled Huntington Beach divorce lawyer can make it easier while helping you navigate the legal system more efficiently.
The Law Office of Stacy L. Campuzano is committed to focusing on our clients’ goals and partnering with them to make sure that their voice is heard. Our legal experience and background qualify us to handle your divorce case and a wide range of other family law issues. With two decades of successful legal practice, your divorce case can reach a positive resolution with the Law Office of Stacy L. Campuzano.
How to Divorce in Huntington Beach
First, to file for divorce in Huntington Beach, one of the two parties must meet the residency requirement. This requirement states that at least one party must have resided in the state of California for a minimum of six months and in the county where they wish to file for a minimum of three months.
There are a few different types of divorce options available for residents of Huntington Beach and throughout the state. They include:
Uncontested Divorce
When both spouses agree regarding everything that is required in their divorce agreement, they qualify for an uncontested divorce. This means that both parties have already discussed all divorce issues and have made arrangements regarding financial accounts, property, child support, child custody, parenting time, and spousal support.
If you qualify for an uncontested divorce, your case will not require a trial. However, it is still recommended that you hire a divorce attorney to help facilitate paperwork and ensure that you adhere to the terms of the law. This can avoid prolonging what can otherwise be a quick and easy divorce proceeding.
Contested Divorce
A contested divorce is the exact opposite of the uncontested divorce described above. When spouses do not agree on the issues of their divorce, they will require a trial. There, a judge can decide the issues that they can’t agree on for them. These divorces take more time and cost more money. They are also quite complicated. Ideally, each spouse will hire a divorce lawyer to represent them throughout the divorce proceedings.
Mediated Divorce
Somewhere between an uncontested and contested divorce is a mediated divorce. If the parties getting divorced cannot agree on everything in their divorce agreement, they may try mediation in hopes of avoiding a trial. This is a viable option for determining child custody, division of property, parenting plan arrangements, and other areas of divorce decisions.
In a mediated divorce, one neutral family law mediator meets with both parties and attempts to facilitate compromises and negotiations regarding the areas of disagreement. Mediators are charged with empowering clients to make important decisions on their own. Mediated divorce proceedings maintain an “us” vibe, whereas other types of divorce, such as collaborative and contested, put spouses against each other in a “me vs. you” mindset.
Mediation is a non-binding process in which both parties agree voluntarily to the terms decided upon throughout the process. This can be a more affordable and amicable alternative to fighting it out in the courtroom, only to have a judge decide the fate of the couple through their divorce terms. If mediation fails to resolve disagreements between the parties, a contested divorce will be necessary. In that situation, a divorce trial would ensue.
Collaborative Divorce
This type of divorce has a similar goal as a mediated divorce in that its aim is to work out disputes outside of court. However, in a collaborative divorce, each party hires their own attorney to represent them in collaborative meetings in which agreements are worked out. Unlike a mediated divorce, a private representative acts on behalf of each side and is not neutral to both parties.
In a collaborative divorce, each attorney advises their client on what to do regarding the important matters of their divorce. A collaborative divorce can cost significantly more than a mediated divorce. It can also still end up in court if concessions cannot be made. In this case, though, the representing attorneys are no longer eligible to represent their clients, and new attorneys must be obtained for the trial.
Summary Dissolution
This type of divorce is a no-fault, uncontested option that only certain marriages are eligible for. If a couple meets the qualifications, they may qualify for a simplified divorce, referred to as a summary dissolution. These qualifications include:
- The couple has been married for fewer than five years.
- They have no children together.
- The spouses own no property together.
- They share no more than $6,000 in debt.
- Neither spouse must own more than $40,000 in separate property (excluding cars).
- There must be no more than $40,000 in joint marital assets (also excluding cars).
- Both parties must agree that there will be no spousal support for either party in the divorce agreement.
How Much Does It Cost to Get a Divorce Lawyer in California?
There is no standard answer to this question. Divorce attorney fees vary from one law firm to another, and some cases can have extenuating circumstances that will incur more fees, such as high-asset divorce cases or divorces in which domestic violence is involved. The average divorce can be used as a base to determine the approximate amount that a divorce might cost, but when a divorce has non-traditional facets, the cost can go up significantly.
If the range of a sample of divorce cases involving different factors and varying attorney per-hour rates is $2,500 to $40,000, roughly, then the average divorce case might cost around $21,250.
This is not an accurate representation, however, of what you can expect to pay for your divorce in Huntington Beach. The only way to determine a more precise estimate of the expected cost of your divorce is to speak with a Huntington Beach divorce lawyer. They can offer you a quote for a divorce that accounts for your unique situation.
Which Type of Divorce Is Cheaper in California?
Most attorneys in California charge by the hour. Therefore, an uncontested divorce or a summary dissolution would be much cheaper than a divorce in which litigation was required. A mediated divorce only requires the services of a mediator, so it is cheaper than each party hiring their own attorney. A collaborative divorce requires the presence of two attorneys, but court costs can be avoided. In nearly all cases, a litigated divorce is the most expensive.
Do I Have to Pay for My Wife's Lawyer in a California Divorce?
If you have a mediated divorce, someone has to pay for the mediator. Also, if you use an attorney to file an uncontested divorce, someone will have to pay the attorney. Typically, whoever files first pays the attorney on their own accord because they want to initiate divorce proceedings.
However, if your case ends up going to trial, a judge may order one spouse to pay the court costs and attorney fees of the other if one spouse has significantly more money than the other. It may not be the husband who is ordered to pay the wife’s lawyer, though. It could very well be that the wife is ordered to pay the attorney fees of the husband, or the judge may declare that both parties are responsible for their own legal expenses.
What If I Can't Afford a Divorce Lawyer in California?
If one party cannot afford a divorce lawyer, the spouse with the lower income can request that the court order their spouse to pay for their attorney. When one party asks that attorney fees be paid by their spouse, the judge will consider the following factors when deciding whether to honor or deny the request:
- The income of the requesting spouse
- The financial needs of the requesting spouse
- If one spouse has more money or access to more money than the other spouse
- If the other spouse can afford to pay for both parties’ attorney fees
A judge may grant a request that partial fees be paid by the other spouse, along with additional funds later in the case if necessary.
When requesting these funds, you must file a form with the court, and it must be filled out properly to the specifications of the court. You will need to determine the amount that you are asking for. An experienced divorce attorney can assist you in filing this form. Be prepared to submit your personal financial documents to the court to support your petition.
Once complete, you will have to pay a fee to file the request form and its required components with the court. You must also serve the other party and await the judge’s ruling on your request. If you cannot carry out this request on your own, it is important that you enlist the help of a qualified and knowledgeable family law attorney to help guide you through the process properly.
Hiring a Huntington Beach Family Law Divorce Lawyer
If you are ready to meet with an experienced Huntington Beach divorce lawyer about your divorce, the Law Office of Stacy L. Campuzano is prepared and equipped to consult with you and answer any questions you have. Contact our office and speak with a member of our competent legal team for help with your case.
