Corona Family Law Attorney

A divorce is an emotional process that affects people at their core because it deals with issues that matter most to people, their families, their accumulated property, and their finances. With so much at stake and so much emotion involved, it is a particularly trying time for anyone going through the process. For many, going through such an emotional process alone becomes even more stressful and intimidating. The Corona Divorce Lawyers at Wilkinson & Finkbeiner, LLP can help make the process simpler and easier.

Divorce/Dissolution in Corona

Divorces range from simple cases to complex cases. Choosing the appropriate strategy may be vital to a case and its resolution. At Wilkinson & Finkbeiner, our experienced attorneys handle divorces every day and have the necessary knowledge and expertise to tailor the right strategy to any case no matter how unique. By limiting and committing our practice to family law, we have a wealth of knowledge and expertise in family law that sets us apart from other law firms.

While a divorce can be complicated, it should not be so complicated for the person that they become discouraged. Our attorneys can assist you in making the process simple and pain-free. We handle all aspects of a divorce in Corona, California including preparing and filing all appropriate paperwork, negotiation with the other spouse, filing motions and appearing in court, conducting discovery, and litigating at trial.

Divorce in Corona, Riverside

Before moving forward with a divorce, choosing the right process could mean the difference between spending and saving money. At the same time, sometimes a "cheaper" divorce may not be the right course of action depending on your goals. For example, it would be easy to settle a divorce case by giving up everything, but that may not be in your best interests and therefore is usually not the right move. It may be more important to be thorough and detailed, which could be costlier but could produce a stronger result. Below are the types of divorces in Corona to help you determine which type of divorce may be the best for you and a breakdown of the pros and cons for each.

Basis for Divorce/Dissolution of Marriage

In California, the only basis for divorce is “irreconcilable differences”, which means that the petitioner must simply state that the marriage is “irretrievably broken” and there is no hope of reconciliation, and the Riverside Family Court serving Corona will grant the divorce as long as the petitioner meets the residency requirement.

Types of Divorces

Uncontested Divorce/Dissolution:

This type of divorce is the most cost-efficient and time-efficient for parties that are cooperative with one another and are settlement-oriented. When parties already know how they want to divide assets and debts, the terms of custody and visitation, and the amount of child and/or spousal support, this is most likely the best option. Instead of litigating all those issues, the parties can proceed with an agreement that would cover all the terms of the divorce which is also known as the Marital Settlement Agreement. See Marital Settlement Agreement (link) for more information.

Uncontested Divorce PROS:

• Cheaper: After an exchange of financial information, the parties to an uncontested divorce sign a Marital Settlement Agreement, which is then sent for filing with the court. This reduces court time and the paperwork that “contested” divorces require, thereby reducing the cost.

• Time-Efficient: For parties that are able to settle, this an uncontested divorce in Corona expedites the time it takes until the parties become divorced by the filing of a Marital Settlement Agreement and Judgment, which occurs after the required exchange of financial information.

Uncontested Divorce CONS:

• Not Suitable if Not Certain: When you reach an agreement and file an uncontested divorce, you give up your right to a court hearing and a trial where contentious issues such as child support, custody, and division of assets and debts are litigated in front of a judge. If you are unsure that the agreement you are entering into is appropriate for your circumstances, don’t sign the agreement without seeking legal advice. Once you enter into an agreement and the Riverside family court judge approves your agreement and enters a judgment, you are (more or less) stuck with the agreement forever.

Contested Divorce/Dissolution:

This is the most common type of divorce between parties. There may be one or more contentious issues that need to be resolved through litigation in front of a judge. However, this does not prevent the possibility of settlement at any time after the exchange of the mandatory financial disclosures (consisting primarily of the Schedule of Assets and Debts, and the Income and Expense Declaration). The parties can choose which issues to litigate and which issues to settle. Unlike an uncontested divorce, a contested divorce preserves the right of both parties to litigate issues as they see fit. In the end, either a marital settlement agreement or trial can resolve any remaining issues.

Contested Divorce PROS:

• If the parties cannot mediate or settle issues, court intervention can assist the parties in obtaining a divorce. Sometimes, Corona family court litigants just need someone to make decisions for them and a judge in Riverside County can do just that.

• When you file a “contested” divorce case in Corona, Riverside County, the parties preserve the right to have a court hearing and/or trial on any issue. This is important because sometimes parties do not have a complete agreement and need time to work on the issues. While they work on resolution to the case, the parties each preserve the right to seek enforcement of the Family Code.

• Once a divorce case is filed and served in Corona, the parties are bound by the Automatic Temporary Restraining Orders listed on the Summons. These “ATROs” as they are called help protect both parties and children while a divorce or dissolution of marriage case is pending. For example, neither party is permitted to remove a child from California, neither party is allowed to sell any items or take out loans, and so forth.

Contested Divorce CONS:

• Costly: Going to court can be costly. If parties are represented, the potential legal fees can be greater depending on the parties and attorneys involved.

• Time-consuming: When requesting court intervention to resolve issues, preparation of paperwork and attendance at court hearings can be an obstacle especially for parties that work. Often, hearings are scheduled months in advance so waiting for court can be emotionally draining and slow. If parties can’t agree on the most significant issues and trial is necessary, most divorce cases in Corona, Riverside County will take one or more years to resolve.