Women's Divorce Attorney in Upland CA

What Are Some Common Divorce Issues for Women?

by with No Comment Divorce and Assets

Women's Divorce Attorney in Upland, CA

Divorce may be your best option if your marriage is not working, even if ending it cannot be accessible in many ways. The outcome of the situation might significantly affect the remainder of your life. Each of these issues is especially important and can affect your life for many years regardless of whether or in what capacity you maintain child custody, what joint property you keep, or whether you pay or get spousal support. To protect your rights as a woman in a California divorce, you need a compassionate, zealous, and influential women’s divorce attorney in Upland, CA, on your side. 

The women’s divorce attorney team at the Law Office of Stephen Gassner has spent decades helping women safeguard themselves, their families, their assets, and their financial futures throughout California divorces. Our trial-ready team is ready to support you at every turn.

Call Us: (909) 937-7000

The Common Divorce Issues for Women

Mothers' Rights

The legal environment around child custody disputes has changed. It is no longer the custody case that a judge will grant child custody to the mother. California law courts presume that parents share parenting responsibilities and should maintain contact with their children unless proven differently. If you desire a particular child custody arrangement, you must either agree with your partner or persuade the court of your case. You may fight for the best custody arrangement for your kid and your family with the assistance of an ardent mother’s rights attorney at the Law Office of Stephen Gassner.

 You are entitled to child support payments from the other parent if you are granted primary custody or have custody of the kid. The non-custodial parent owes child support and belongs to the kid, not the parent. Discuss your child’s legal rights and what to do if your husband or co-parent contests them or fails to uphold their commitments with a qualified child custody and alimony lawyer.

Women's Divorce Attorney in Upland California

Property Division

State community property laws apply in Upland, California. That means that both parents are equally entitled to all property gained by either partner throughout the marriage. Real estate, retirement benefits, stocks, and company ownership interests are all considered property forms that must be divided after a divorce. The parties or the court may determine that they equally divide the marital property. The parties may need to split each asset more precisely in half.

 Our property division attorney can assist you if you wish to safeguard distinct assets (i.e., assets accumulated before marriage). We will advocate and fight to protect your legal right to any specific marital assets you desire to retain. We will investigate your finances to ensure they are not holding marital property throughout the divorce or even when calculating spousal support. At the Law Office of Stephen Gassner, our all-inclusive women’s divorce service guarantees you the best representation available in court and on the negotiating panel. 

Spousal Support

Your money may undergo disruption if you get a divorce. It is vital to make plans for the future, which may include paying or receiving alimony (also known as spousal support). In California, spousal support is granted temporarily while the divorce is ongoing and permanently or long-term once the divorce is finalized. The amount of long-term alimony awarded would depend on factors like the spouse’s earning potential, financial situation, and the length of the marriage. Stephen Gassner is available to help you if you want to reduce the amount of alimony you must pay. 

Frequently Asked Questions

What Are the Legal Grounds for Getting a Divorce in Upland, California?

Because California is a “no-fault” divorce state, the spouse or Registered Domestic Partner who files for divorce first does not have to show that the non-filing spouse or domestic partner intentionally causes them damage or negatively affects their quality of life. In California, just one of the spouses or domestic partners must claim that the pair can no longer get along to obtain a no-fault divorce. It is referred to legally as having “irreconcilable differences.”

 The spouse who files for divorce first may dissolve the marriage of their own free will. Furthermore, even if the domestic partner or non-filing spouse does not desire a divorce, they cannot halt the procedure by simply declining to take part in the case. In this case, they can still get a default verdict, and the divorce will be granted.

How Long Does It Take to Get a Divorce in California?

In all divorce cases, California mandates a six-month jurisdictional period. As a result, you can only get a legally binding divorce if six months have passed since the respondent was served with the Petition for Dissolution. But many cases are resolved before the six-month mark. You can have a divorce judgment recorded that specifies a date in the future for the marriage to end if your case is settled before the six-month mark. When the agreement is signed, all the provisions of your settlement—including those about property division, debt distribution, child support, spousal support, child custody, and visitation—will come into force. Your marital status will not become “single” until the day the verdict is handed down.

How Is Alimony Determined in a California Divorce?

Alimony is decided case-by-case according to each state’s established rules. Most jurisdictions consider the couples’ current earning capacity and potential for future growth. Any court’s determination of alimony will be strongly influenced by the extent to which one spouse was reliant on the other spouse during the marriage.

Women's Divorce Attorney in California

Compassionate Women's Divorce Attorney for Your California Divorce

You need an experienced, sympathetic attorney if you are a California woman facing divorce. Our Upland women’s divorce lawyer team at the Law Office of Stephen Gassner is ready to defend your custody rights, battle for marital assets, and safeguard your interests in child support and custody disputes. Until we get the outcomes you deserve, our skilled family law attorney team is ready to remain by your side. Contact the Law Office of Stephen Gassner, the trusted women’s divorce attorney in Upland, CA.

Looking for a Reputable Women's Lawyer in Upland, CA? Contact the Law Office of Stephen Gassner at (909) 937-7000

Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000

What Do You Need to Know About Child Custody in California?

by with No Comment Divorce and Assets

Lawyer for Child Custody

Child custody choices are among the most critical areas of family law, and for parents in California, understanding the complexity of joint and sole custody agreements may be particularly difficult. In this thorough guide, we’ll dig into the legal ramifications of joint custody and sole custody in California, examining the variables that impact these decisions, the rights and obligations connected with each, and the considerations that courts consider.

A legal battle with a family member may be difficult and stressful, especially when little children are involved. If you are fighting for child support, you need a lawyer for child custody in Upland, CA, which you can rely on. The Law Office of Stephen Gassner, APC, can assist you in effectively resolving your child custody case and will work hard to win your case.

Need Advice from a Child Custody Attorney in Upland, CA? Call the Law Office of Stephen Gassner

Call Us: (909) 937-7000

What Is Joint Custody?

Joint or shared custody is a legal arrangement that allows parents to work together after a divorce. California family courts recognize the importance of both parents raising their children. The state offers two types of joint custody, each addressing a particular parental role and commitment.

1. Joint Legal Custody

Parents can make child-related decisions with joint legal custody. Educational, healthcare, and religious upbringing decisions are examples. Joint legal custody involves shared responsibility for major life decisions affecting the child. Both parents make important decisions about the child’s well-being and development, even if the youngster lives with one parent.

2. Joint Physical Custody

Joint physical custody includes the child’s living circumstances and time with each parent. A combined plan might ensure the youngster gets regular and continuing contact with both parents, not 50/50. Joint physical custody aims to design a timetable that fulfills the child’s requirements and involves both parents. This schedule may vary depending on the child’s needs.

Whether joint legal custody, joint physical custody, or a combination of both, the goal is to provide a supportive and caring environment that lets the child grow while maintaining meaningful links with both parents.

Factors Affecting Joint Custody in California

When deciding on joint custody, the court considers several factors, including the child’s welfare, the parents’ capacity, and the family’s dynamics.

  • Cooperation

Courts in California emphasize parents’ ability to work together for their children. A willingness to cooperate on child raising, education, health, and well-being is valued. Cooperation helps children develop good emotions by reducing conflict.

  • Parental Household Stability

In custody decisions, each parent’s home and stability matter. Courts assess the child’s living circumstances and their impact on adjustment and development. For the child, courts may consider each parent’s home’s cleanliness, safety, and suitability.

  •  Child-Parent Relationship

The court examines the child’s emotional relationships with each parent. This factor helps measure the child’s bonds and predict their ability to maintain positive connections. 

  • Safety/Health

Parents’ emotional and physical health is carefully managed to ensure the child’s safety, well-being, and development. The court also evaluates their mental and physical health to ensure each parent can satisfy the child’s requirements. Considerations include substance misuse, mental health issues, and concerns about the parent’s ability to provide security.

It is best to talk to a trusted Child Custody Attorney in your area to learn more about joint custody.

Understanding Sole Custody

Sole custody is a significant legal arrangement that identifies one parent as the primary caretaker with sole legal and physical rights and obligations for the kid. 

1. Sole Legal Custody

Sole legal custody gives one parent complete control over the child’s upbringing. It includes vital life decisions impacting the child’s development, such as school, healthcare, and religious upbringing.

 The parent with sole legal custody makes all decisions affecting the child’s life. Though they have visiting privileges, the noncustodial parent has no say in crucial decisions. 

2. Sole Physical Custody

Sole physical custody entails the kid generally staying with one parent and having visitation rights with the other. Contrary to widely held belief, sole physical custody does not imply that the noncustodial parent has no contact with the kid; instead, they spend less time with the child than under a shared physical custody arrangement.

The custodial parent manages the child’s daily life. The noncustodial parent may have court-ordered visiting privileges. It provides a stable and constant living environment for the kid, mainly when the parents are apart. It also allows the custodial parent to create routines and continuity for the child’s upbringing.

Factors Influencing Sole Custody Decisions

When considering custody arrangements, courts carefully assess any history of abuse or neglect, putting the child’s safety and well-being first.

  • Stability and Consistency

The stability and consistency of the custodial parent’s household are critical in assessing if sole custody is in the best interests of the kid.

  • Willingness to Promote the Relationship 

The court looks at the custodial parent’s desire to develop and support the kid’s relationship with the noncustodial parent to ensure that the youngster retains contact with both parents.

  • Preference of the Child

Depending on maturity and age, the court may consider the child’s preference when choosing sole custody arrangements.

Understanding the ramifications of each form of sole custody and the reasons that impact these decisions is critical for parents navigating California’s legal terrain of family court. It emphasizes creating a secure and supportive environment for the kid, even when one parent has primary custody.

Navigating the complexity of joint vs. sole custody in California needs a thorough awareness of the legal implications and a calculated strategy. Remember that every situation is different, and working cooperatively with legal professionals helps guarantee a more seamless transition for parents and children during the complex process of deciding child custody.

How to Navigate Child Custody Disputes in California

Custody battles may be emotionally charged, so it’s critical to approach them thoroughly and be aware of California’s legal environment. Follow these steps to negotiate custody disputes efficiently:

  • Seek Legal Advice

Speak with an expert family law attorney specializing in California child custody matters. They can give specialized guidance depending on your case. Talk to a certified lawyer for child custody, like the Law Office of Stephen Gassner. He has over 27 years of experience as a licensed attorney and has handled several child custody cases.

  • Understand Your Rights

It is essential to know your parental rights and responsibilities. Understanding the elements of determining custody choices in California will allow you to make more educated judgments. 

  • Conflict Resolution

California courts frequently encourage parents to use mediation or other conflict resolution procedures before resorting to litigation. These tactics may result in more agreeable settlements and be the best option for the children involved. Get help from a lawyer for child custody to help you find the best solution for your case.

  • Document Your Case

Keep thorough notes of contacts with the other parent, pertinent correspondence, and any situations that may influence the child’s well-being. Documentation can be used as evidence in court.

  • Focus on the Child’s Best Interests 

Regardless of the custody arrangement, courts emphasize the child’s best interests. Demonstrating your dedication to creating a healthy and suitable environment for the child is critical. The Law Office of Stephen Gassner has the knowledge and experience you need to get the best outcome for your case and your child. 

Frequently Asked Questions

Why Do I Need an Attorney to Represent Me in Child Custody Proceedings?

You need an attorney because child custody disputes can be quite complex, and a lawyer for child custody can advise your legal choices, walk you through the legal process, and fight for your rights.

How Do You Find the Right Child Custody Attorney?

You can find the right child custody attorney by asking friends, relatives, or coworkers for suggestions. Also helpful are bar associations, legal directories, and internet reviews. Consult a few lawyers to pick one whose experience and approach match your requirements.

What Considerations Are Considered by Courts in Child Custody Cases?

The considerations the court will evaluate are the child’s best interests, the parent’s ability to maintain a stable family, the parent’s relationship with the child, and any history of domestic violence or substance abuse, among other things.

lawyer for child custody

Family Law Attorney in Upland, CA

Child custody is a challenging case to manage. But the people of California have a trusted lawyer for child custody: Stephen Gassner. The Law Office of Stephen Gassner has more than two decades of experience in the legal world and is committed to protecting your legal rights. 

The Law Office of Stephen Gassner also offers legal services on Divorce, Paternity, Child Support, Spousal Support, Property Division, and International matters. 

For a Consultation, Contact the Law Office of Stephen Gassner at (909) 937-7000

Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000

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How to be Compensated for Separate Property

by with No Comment Divorce and Assets

It is essential to understand the categories of property that can be split up after the conclusion of a marriage in the state of California, particularly if you and your partner are going through a divorce or a legal separation, but it can also apply to a probate case. This is because many different types of property can be divided. These property assets include a wide range of things, including real estate, automobiles, personal belongings, business interests, and obligations like credit cards, mortgages, auto loans, school loans, and business loans. divorce attorney in Upland CA

Seeking the counsel of a Divorce and Assets Attorney will be a wise move so you will not be too stressed and overwhelmed with the legal process. The Law Office of Stephen Gassner will accommodate your inquiries, explain the technicalities of the law, and prepare you for trial. divorce attorney in Upland CA

Call Us: (909) 937-7000

What You Need To Know About Separate Property

The process of dividing the community property is like adding four new columns to a spreadsheet that lists all of the assets and debts that were owned by the spouses on the date of separation. Each spouse will have two columns to write down the separate property that has been determined to be theirs and another two columns to write down how much of the community property each wants to be awarded.  The parties (or the court) will determine the value of the separate property claims and the total of the community property assets and debts.  Separate property adjustments are applied first, before the remaining community property is divided equally.

Such adjustments are known as reimbursements. If it is proven that separate property was used to pay for a community property asset, an adjustment will be made from the community property asset to the payor spouse in an amount equal to the separate property contribution but no more than the net equity in the property. This adjustment will be made from the community property asset to the payor spouse.

If one of the spouses continues to make payments toward community property obligations after the date of separation, that spouse may be granted the right to be reimbursed by the community estate for the entirety of those payments.

In the event that one spouse only possesses property after the date of separation, the court is required to order the spouse who solely possesses the property to pay back to the community estate an amount equal to the asset’s fair rental value. This is true for all kinds of assets, such as a home for a family to live in, a car, or anything else of substantial worth, but not if the spouse in possession also paid the debt secured by the property.

If one spouse got a valuable education during the marriage, the spouse who got the education might have to pay back the cost of tuition to the community estate.  However, this occurs only if the education significantly increased the educated spouse’s earning capacity and the marriage has not already recovered the cost of the education through the educated spouse’s increased earnings.  Too many “ifs” or “but ifs”?  Contact a competent family law attorney to address your particular situation.

There is a chance of getting paid back for child support, spousal support, or other debts that were incurred before the marriage but were paid off during it. divorce attorney in Upland CA

divorce attorney in Upland CA

Breach of Fiduciary Duty

Breach of fiduciary duty can happen when one party takes property that belongs to the community estate (or to the other party) without permission and uses it for their own benefit. When a breach of fiduciary duty is proven to have happened, the person who broke the trust is usually required to pay for the spouse who was wronged to hire an attorney. The court has the authority to order that party to compensate the other for either half or the full amount wrongfully taken. When a breach of fiduciary duty is proven to have occurred, the person who committed the breach is often obligated to reimburse the attorney’s fees incurred by the victimized spouse.

Learn More About: What are the Reasons Why You Should Hire An Attorney Before Filing For Divorce?

What are the Reasons Why You Should Hire An Attorney Before Filing For Divorce?

Frequently Asked Questions

What Is California Separate Property Statute?

Separate property would be any asset owned completely by one spouse. All assets owned equally by both spouses, which were typically acquired during the marriage, are considered community property. In many circumstances, the analysis becomes more advanced (and confusing).

How To Convert Separate Property To Community Property In California?

Typically, converting separate property to community property includes adding your spouse to the deed of your legitimate separately owned property or engaging in the aforementioned activities that allow your spouse to acquire a meaningful interest in such property (quasi-community property).

How Do You Keep Assets Separate In A Marriage In California?

A prenuptial or postnuptial agreement is the best approach to protecting assets. If you have something valuable to you, it is just right for you to want to protect it with a written contract. A prenuptial agreement is a written contract that is drafted before and in contemplation of marriage.

Hire a Knowledgeable and Competent Divorce Attorney

It is vital that you and your attorney identify and document possible reimbursements early in your case and that you make use of this information throughout the process of either settling the divorce or going to court to fight for it.  Usually, the best way to settle a case is to prepare for trial promptly.

You need not look any further for a knowledgeable and competent divorce attorney in Upland CA to help you get compensation for separate property. The Law Office of Stephen Gassner is more than capable of addressing any of your questions and guiding you through the legal process.

Call the Law Office of Stephen Gassner At (909) 937-7000 Now!

Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000

Assets Division Lawyer Upland CA

How Will Assets Be Divided in a Divorce in California?

by with No Comment Divorce and Assets
Assets Division Lawyer Upland CA

Divorce is not usually easy, especially when the couple has been married for a long time and has accumulated significant assets. One of their main worries is how their assets will be distributed between the two parties in a divorce. Assets Division Lawyer Upland CA

According to the state’s divorce laws, California is a community property state, not an equitable distribution state. Accordingly, any assets or property acquired during a marriage belong equally to both spouses and must be distributed equally between the two spouses in case of a divorce by the court.

If you are debating whether to file for divorce, it is essential to seek legal counsel from a divorce attorney at The Law Office of Stephen Gassner. We’ll defend your rights and help you navigate the legal system.

Call Us: (909) 937-7000

Assets Division in a Divorce in California

Getting a divorce can be difficult, especially if there are kids involved. When a couple divorces, one partner frequently believes they are entitled to more than the other. Arguments over how much should be given to each party results from this. Below is an examination of how property is divided in a divorce.

1. Marital Assets

Assets Division Lawyer Upland CA

California is one of the few states that closely adheres to the community property system. State law mandates that all marital assets be split equally between the divorcing spouses. As a result, many people need to know the full scope of the assets deemed marital property. While it might seem obvious, personal property can include cars, retirement accounts, stocks and bonds, bank accounts, and even family pets. Personal property can also include the family house, furniture, appliances, and personal effects. Even if only one spouse purchases the property or earns the wages, it counts as marital property. In the end, everything obtained throughout the marriage is considered marital property.

A couple can go through divorce mediation to settle their property in a way that pleases both spouses. Even though a court will ultimately decide how to divide your marital property, they frequently endorse agreements that the two of you have crafted. Assets Division Lawyer Upland CA

2. Non-Marital Property Assets

Only non-marital property in a marriage is exempt from the requirement to go through the property division process. For example, gifts and inheritances may not be marital property, and the individual spouse who owns them will retain ownership of them once the marriage has ended. However, based on its use, that item might have turned into marital property and now needs to be split between the two spouses. It might be challenging to predict how the property split will occur because there is a narrow line between marital and non-marital assets.

3. Separate Assets

Jewelry, furniture, clothing, and household goods are examples of personal property acquired during the marriage and considered separate property. In a California divorce, separate property is omitted from the division of the assets. An asset may or may not be a married person’s separate property, depending on how it was initially acquired.

4. Community Assets Versus Separate Property

Assets Division Lawyer Upland CA

Any asset only owned by one spouse is referred to as separate property. On the other hand, any property that both couples own equally is communal property (typically acquired during the marriage).

Complications are likely to occur. If you and your spouse make changes to the property while you are married, if you have a mortgage on a separate property and pay the mortgage with community property, or if you combine separate property and community property, for instance, in a bank account or stock portfolio.

Learn More About: How to be Compensated for Separate Property

How to be Compensated for Separate Property

Finding an Assets Division Lawyer

Family Law Attorney in Claremont CA

It can be emotionally demanding even if you have determined that divorce is the right course of action for you. In addition, feeling overwhelmed with emotion can make you more likely to make mistakes that could lead to a significant disparity between the marital assets you are entitled to and the assets you obtain. 

A lawyer from the Law Office of Stephen Gassner can help ensure that your assets are fairly distributed after being accurately valued and categorized. Feeling overwhelmed and bewildered when going through a divorce is completely normal, but a skilled lawyer can make you feel more at ease and ensure the best outcome for you. Contact us today to schedule a consultation with marital property division. Assets Division Lawyer Upland CA

Thinking of Getting a Divorce?
The Law Office of Stephen Gassner Can Help You!
Call Us at  (909) 937-7000 Now!

Law Office of Stephen Gassner

324 N Mountain Ave, Upland, CA 91786, United States

(909) 937-7000