Question 1

What is the non-emergency contact number for the local police station in Encinitas, California?

Accepted Answer

To reach the San Diego County Sheriff, call (858) 565-5200, or the San Diego County Sheriff's Department North Coastal Station at (760) 966-3500.

Question 2

Where can I get a copy of police reports for incidents related to my case in Encinitas, California?

Accepted Answer

To obtain a police report from the San Diego County Sheriff, visit the office at 9621 Ridgehaven Court, or send a request by mail to the address below:

San Diego County Sheriff's Department ATTN: Records & ID Division, Cases Section PO Box 939062 San Diego, CA 92193-9062

The report costs $20.

Question 3

How much is it going to cost to hire a divorce attorney in Encinitas?

Accepted Answer

It depends on the skill level of the Encinitas attorney you are looking to hire, but the average hourly rate of an experienced one ranges from $300 to $400. However, the services you need, the location, and the length of time that the case is going to take may still change that. Additionally, some attorneys require a retainer fee of $1,000 to $5,000.

Question 4

How do you prove the other party's fault when filing for divorce in Encinitas?

Accepted Answer

There is no need to. Encinitas is in a no-fault divorce state and does not require divorcing couples to prove that the other party was responsible for the marriage failing. All you have to do is start the process by filing all the necessary paperwork and paying the fee. (You can apply for a fee waiver if you cannot afford it.)

Question 5

After a divorce and getting court-ordered to provide child support, do you have to pay a larger amount over time in Encinitas?

Accepted Answer

It depends on whether or not there are significant positive changes in the income of both or either parent. After all, the parents cannot be forced to pay an amount they are unable to meet. Court-ordered child support payments in Encinitas are not permanent and can be modified. An exception to this is if either parent remarries. In this case, their income will not be factored in when recalculating child support.

Question 6

Is there eligibility that a spouse must meet in order to file for divorce in Encinitas?

Accepted Answer

Yes, there is. First of all, both or either of the spouses must have lived in Encinitas for at least 3 months before filing for divorce and at least 6 months in California. Lastly, the divorce must be filed on any of the following grounds:

Irresolvable issues
Insanity, which can be proven by bringing in psychiatric professionals to testify

Question 7

How do you modify a child support court order after a divorce in Encinitas?

Accepted Answer

It is important to hire an Encinitas attorney for matters such as this as they would know if it is the right time to request a modification. They can also help with filing for the motion itself to make it legally binding, whether this is to raise or lower the amount, especially since this is time-sensitive.

Question 8

What are the basic steps to filing for divorce?

Accepted Answer

The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

File the divorce petition
Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
Make financial disclosures
Request discovery from your spouse
Propose and/or consider a possible settlement
Go to trial if necessary
Receive a signed judgment from the court indicating the divorce is final
Address post-divorce tasks such as transferring property titles and closing joint bank accounts

Question 9

How much does it cost to get a divorce?

Accepted Answer

The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

Question 10

How much does a divorce lawyer cost?

Accepted Answer

Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

Question 11

How to choose a divorce lawyer/what to look for?

Accepted Answer

Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

Know your budget
Limit your search to lawyers experienced in family law
Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
Try to ignore ad campaigns and office décor and instead consider track record and skills

Question 12

What is an uncontested divorce?

Accepted Answer

An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

Question 13

Can you file for divorce without a lawyer?

Accepted Answer

It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

Question 14

How long does it take to get a divorce?

Accepted Answer

The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

Question 15

How to prepare for divorce?

Accepted Answer

It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

Interview attorneys
Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
Take inventory of valuable household items that should be considered later while splitting assets
Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
Double-check credit history and evaluate both short- and long-term earning potential
Set goals for ideal custody arrangement, support amounts, and living arrangements
Get support from friends and family

Question 16

What to do with an engagement ring after divorce?

Accepted Answer

Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

Question 17

What is divorce mediation?

Accepted Answer

When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.

Attorney Names	Bar Status	Experience
Jim Ratzer - Partner	Active	33 yrs
Morgan Dobis - Partner	Active	11 yrs
James Ratzer - Partner	Active	33 yrs

Attorney Names	Bar Status	Experience
Annette Neville - Managing Attorney/Principal	Active	20 yrs
Carrie Nolan - Associate Attorney	Active	11 yrs

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Encinitas, California?

Where can I get a copy of police reports for incidents related to my case in Encinitas, California?

How much is it going to cost to hire a divorce attorney in Encinitas?

How do you prove the other party's fault when filing for divorce in Encinitas?

After a divorce and getting court-ordered to provide child support, do you have to pay a larger amount over time in Encinitas?

Is there eligibility that a spouse must meet in order to file for divorce in Encinitas?

How do you modify a child support court order after a divorce in Encinitas?