Best Divorce Lawyers in Fremont

FAQs

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

  The non-emergency contact number for the Fremont Police Department is (510) 790-6800.

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

  To get a copy of a police report related to your case in Fremont, you need to fill out the "Application for Release of Information" form, which is available on the department's website. The completed form and a $16 fee must be either hand delivered or mailed to the department's Records Division, which can be found at 2000 Stevenson Blvd., Fremont, 94537-5007. The division is open Monday through Friday from 8:00 am to 5:00 pm, except on city-observed holidays.

• Can a Fremont non-US citizen stay in the country after divorcing a US citizen?

  Yes. The Fremont individual must assemble various pieces of evidence that show that their marriage with a US citizen is a "good-faith" marriage, not just a way for the person to obtain a green card, like shared insurance documents. The non-US citizen can also provide proof of marriage counseling to show that the marriage dissolution was not their fault. Many individuals in Fremont might be in a similar situation of proving the legitimacy of their marriage, as over 48% of the city's residents are foreign-born.

• How can a Fremont divorce attorney retrieve a child abducted to another country by their parent?

  A Fremont divorce attorney can file a petition through the Hague Convention. This multilateral treaty has been signed by many countries, including Mexico and the Philippines; these are the top two countries where foreign-born residents come from in California. However, China—the third-ranked country—is not a Hague Convention signatory. Also, a parent has a more challenging time retrieving their child after more than a year has passed since their abduction.

• What action could a Fremont divorce attorney take to ensure a fair division of marital assets for their clients?

  One step is by working with various Fremont professionals—including real estate appraisers, accountants, and business valuation experts—to review and evaluate the worth of complex marital assets. These may include:

  • Shares in a business partnership
  • Retirement plans
  • Holdings that contain foreign investments
  • Commercial real estate properties
  • Personal debts

  Individuals should be aware that California is a community property state; any assets gained during a marriage belong equally to both partners and must be equitably distributed during a divorce.

• Can individuals legally record their ex-spouses to provide evidence of violating a domestic violence restraining order in Fremont?

  While California Penal Code § 632 makes it illegal to record conversations without the consent of both parties, there is an exception for individuals who request a domestic violence restraining order. They can ask the Fremont court for permission to record communications involving the party that violate the judge's restraining orders. The recordings may be helpful as evidence, but individuals found to be breaking the law may face a fine of up to $2,500 and/or imprisonment for up to one year.

• What are the possible grounds for divorce in Fremont?

  Partners can initiate divorce proceedings for reasons like abandonment, cruelty, or adultery. In some cases, however, individuals can cite irreconcilable differences as the reason for marriage dissolution. Fremont follows a no-fault policy for divorce; individuals are not required to provide evidence of their spouse's wrongdoing—such as having an affair—to initiate divorce proceedings. Instead, they may cite various reasons, such as lack of communication, religious differences, or personality conflicts, as the grounds for divorce.

• What are the basic steps to filing for divorce?

  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

• How much does it cost to get a divorce?

  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.

• How much does a divorce lawyer cost?

  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.

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

  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

• What is an uncontested divorce?

  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.

• Can you file for divorce without a lawyer?

  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.

• How long does it take to get a divorce?

  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.

• How to prepare for divorce?

  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

• What to do with an engagement ring after divorce?

  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.

• What is divorce mediation?

  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.