American Canyon Divorce Lawyer

Divorce is one of the most stressful events that can occur in a person’s life. The emotional, logistical, and financial issues involved in your divorce can be especially challenging when gone through alone. If you are going through a divorce, an American Canyon divorce lawyer can help you through this difficult period.

At Hayes Family Law, we’ve spent years assisting people in Napa County with their divorce cases. Our lead attorney, Amber R. Hayes, was born and raised in Napa and is certified by the State Bar of California Board as a Certified Family Law Specialist. In addition, she is recognized as a Super Lawyer and has an Avvo Rating of Superb 10.0.

Hayes Family Law has the knowledge and experience that can make a positive difference in the outcome of your divorce and family law related cases.

In 2022, California had a divorce rate of 5.88 per 1,000 people. California has limitations on how quickly you can get a divorce. California Family Code §2320 specifies that one spouse must have lived in California for six months before filing, and three months in the county they choose to file in. The state also requires a mandatory six-month waiting period before a divorce is finalized. Understanding these crucial requirements can be beneficial when initiating your own divorce.

In California, a divorce or “dissolution” can be contested or uncontested, and does not require fault to be determined, as it follows “no-fault” rules. An uncontested divorce is when both spouses agree on the major components of separation, such as child custody, property division, and spousal support. Contested divorces occur when agreements cannot be met and litigation becomes necessary. This type of divorce typically takes longer and is more expensive, with the court deciding a final verdict.

Default divorce is possible when one party fails to respond or cooperate with a petition for divorce within 30 days of delivery. A review of property division and child custody may still be required.

Summary dissolution is a quicker option for short-term marriages with no children and shared property worth under $25,000.

Our team at Hayes Family Law understands that every California divorce has its own unique details and challenges to overcome. We offer fully customized strategies and resolutions that take a personal approach to each of our clients. The following are just a few divorce services we provide:

• Divorce litigation: Some divorces require extensive litigation around key issues. The personal nature of divorce can make it challenging to present your own case in court. Our team can advocate for you at Napa County Superior Court or elsewhere, providing exceptional support.
• Spousal Support: Spousal support, also known as alimony, is a common element in divorces involving long-term marriages. One party may be left financially insecure and require financial support. Whether you are receiving or providing support, we can provide guidance during negotiations to achieve a fair resolution.
• Child Custody: Deciding which parent gets custody of the children is a crucial decision made during divorce proceedings. After custody is established, discussions about visitation and support can become contentious. Our team can help you and your spouse find a solution that works for you, your former spouse, and most importantly, the children.
• Mediation: Some divorce cases simply require a neutral third party to organize and lead negotiations. We can play an important role in ensuring discussions remain civil and private, saving you a trip to court.

Divorce is a life-changing event that is difficult to navigate alone without proper support. Hire a divorce lawyer who can aid you with every step of the process. From initial filings to signing a final agreement, your American Canyon divorce attorney can be by your side, providing legal guidance.

How Much Does It Cost to Hire a Divorce Lawyer in California?

How much your divorce lawyer will cost depends on the complexity of the divorce case, whether the divorce is contested, and the working hours required. A collaborative separation with low-value community property will generally be less expensive than a contested high-value asset divorce. You may consult with a divorce lawyer who can provide you with an estimate for the final cost of your unique case.

What Is the Five-Year Rule in California Divorce?

When filing for divorce in California, the “five-year rule” is a term that relates to summary dissolution, a divorce option that is only possible if the marriage lasted five years or less. Other restrictions apply, such as no children, both parties waive the option of spousal support, and shared property is worth less than $25,000. Speak with your divorce attorney to see if summary dissolution is an option for you.

Do You Pay for Your Spouse’s Legal Fees in an American Canyon, CA Divorce?

In American Canyon, CA, whether you will have to pay for your spouse’s legal fees can be a concern for some during divorce proceedings. It is not automatic in California that one party must pay for the other. However, the court has the right to require one party to pay legal fees if deemed appropriate. A large discrepancy in income or one spouse’s inability to pay are common reasons. If one party is being uncooperative, the court may use legal fees as a penalty.

What Is Your Spouse Entitled to in a Divorce in American Canyon, CA?

What your spouse is entitled to in a divorce is an equal share of shared assets. California is a community property law state, meaning that all shared property is split equally in divorce. Possessions and real estate owned before the marriage are generally exempt. A prenuptial agreement may also exempt certain property from division.

Our team at Hayes Family Law is prepared to represent you in your divorce case. Contact us today for an initial consultation so we can learn about your goals and begin discussing options. You may also visit our Napa office—located on Jefferson Street, a few blocks from Downtown Napa.