Lafayette, CA Divorce Lawyers

If your marriage is holding you back from living your most vibrant and fulfilling life, it may be time to turn the page and start a new chapter. We understand the deep emotions and the often overwhelming uncertainty that can come along with divorce, but sometimes, it’s the best path forward.

At Fenchel Family Law, PC, our skilled Lafayette divorce lawyers are committed to delivering the results you desire in your divorce. We take the time to get a clear picture of what your goals are when it comes to issues like custody, child support, and property division, and then we craft a legal strategy rooted in those goals. We stand by your side through each step of the journey and put you in the best possible position for success!

Ready to learn more about what comes next? Call today to book your free case evaluation.

Initiating The Divorce Process In California

The first stage of divorce is the filing process. In order to be eligible to file for divorce, you or your spouse must have lived in California for at least the past 6 months, and in your current county for at least the past 3 months.

Depending on your circumstances, there are 3 main forms you must complete and file:

Petition for Divorce (form FL-100)
Declaration under Uniform Child Custody Jurisdiction and Enforcement At (form FL-105) (if you and your spouse share children)
Summons (form FL-110).

These forms provide the court with basic information regarding your divorce and your kids, such as the arrangements you’d like to seek when it comes to custody, child support, property division, and other related matters.

Our Lafayette divorce lawyers will take care of the paperwork aspect of filing for divorce, as well as the process of having your spouse served with the divorce papers if you have not yet been served. Even before your divorce has officially begun, you can have peace of mind that we are working tirelessly on your behalf to ensure everything is handled properly and in compliance with California law.

Understanding The Difference Between A Mediated Divorce And A Litigated Divorce

Deciding whether to attempt mediation to resolve your divorce or pursue litigation is a profoundly personal choice that will hinge on many different factors. Having a clear understanding of these factors can be the key to your ability to make an informed decision that aligns with your goals and circumstances. For example, you should consider:

How amicable your relationship with your spouse is
What the central issues in your divorce are
What your finances look like

While there is a common belief that litigation is the worst-case scenario, that isn’t entirely true. In fact, litigation has several benefits, including:

A definitive resolution – the outcome of your divorce is clear and legally binding, leaving no loose ends
Court enforcement – the decisions made in court are enforceable by law, providing peace of mind that the agreement will be followed
Protection of your rights – each party’s rights are fully protected under the law in court, which is important when complex financial matters are involved

For couples that are able to cooperate and work together to reach an agreement outside of court through mediation, benefits include:

Cost-effectiveness – mediation is generally cheaper than litigation, and the parties share the cost of the mediator
Minimal stress – the collaborative nature of mediation can help reduce the emotional strain of divorce
Maximum control – both parties have a say in the outcome, rather than a judge who does not know them or their family
Confidentiality – mediation sessions are private, meaning personal matters are kept out of the public record

Our Lafayette divorce lawyers will help guide you in the direction that we believe will put your goals within reach. While we encourage you to consider alternative methods of dispute resolution when they are possible, we understand that this isn’t the best path forward for every couple. Even if your case escalates to court, you’re in good hands – we’re powerful litigators who will protect your rights and best interests at every turn.

How Fenchel Family Law, PC’s Award-Winning Lafayette Divorce Lawyers Can Help

No matter how complex you think your divorce is or will be, you can face the future with confidence when our Lafayette divorce lawyers are in your corner. Our team has tried hundreds of cases in family court, so we are thoroughly familiar with the inner workings of the court and the way judges think. Family law is all we do! Call today to book your free case evaluation and move forward.

Frequently Asked Questions About Divorce In Lafayette, CA

How long will my divorce take to be finalized?

The timeline for each divorce is different, because it depends on how long it takes you and your spouse to reach an agreement on all the issues. If your case goes to court, then it will depend on court schedules. However, in California there is a mandatory waiting period of six months before a divorce can be finalized, so you can expect it to at least take that long.

How can I make sure that I get to keep our vacation home?

California is a community property state, meaning that all marital assets are divided 50-50 upon divorce. If you want to maintain ownership of your vacation home, you will have to reach an agreement with your spouse, which may involve negotiating and buying them out. However, if your spouse wants to keep the home as well, and neither of you are willing to compromise, then the issue will be decided in court. A judge will consider factors like each spouse’s ability to afford the home and other financial aspects in their decision.

If my spouse had an affair during our marriage, does this give me an advantage during divorce?

California does not offer a for-fault divorce option, meaning neither party has to prove wrongdoing to be granted a divorce – only that there are irreconcilable differences or a permanent legal incapacity to make decisions. So, unfortunately, an unfaithful spouse will not have an impact on your divorce.