Best Divorce Lawyers in Thousand Oaks

FAQs

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

  The contact number of the police station in Thousand Oaks is (805) 494-8200. The Thousand Oaks Disaster Assistance Response Team (DART), a well-organized group of trained, local citizen volunteers, is administered by the local police department to assist in both emergency and non-emergency situations. You can request a deployment from DART here: https://todart.org/deployments/deploy

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

  Thousand Oaks works with the Ventura County Sheriff's Office (VCSO) when it comes to police and law enforcement services. Individuals who need to get a copy of Thousand Oaks police reports and arrest records may send a written request to the VCSO's Records and Licensing Unit at the East County Patrol Station at 2101 East Olsen Road. The request for a police report should have the names of the people involved, the dates and places where the events happened, and other specifics.

• Are there some restrictions on estate planning when it comes to divorce cases in Thousand Oaks?

  Yes. Parties in a divorce case in Thousand Oaks are not allowed to create or modify a nonprobate transfer that could affect the disposition of the property. If divorce is filed, there should be the written consent of the other party or a court order before a transfer is permitted. Nonprobate transfers include joint tenancies, revocable trusts, and beneficiary designations such as payable on IRAs, death accounts, life insurance, and profit-sharing pension plans.

• Who decides on child custody in divorce cases in Thousand Oaks?

  In a collaborative or uncontested divorce in Thousand Oaks, both parties agree on the same child custody terms, which are then written down and sent to a California court for approval. However, in a contested divorce case, the decision about child custody goes to the California court. The court considers several factors, including the physical and mental condition of each parent, the child's reasonable preference, and the child's health, safety, and welfare.

• How do you calculate the amount of alimony in a divorce in Thousand Oaks?

  When figuring out how much alimony to pay, the courts look at a number of things listed in California Family Code Section 4320. Some of the factors considered are each spouse’s earning potential, their age, the duration of the marriage or partnership, and any documented evidence of domestic violence. A divorce attorney in Thousand Oaks can help you get an approximate alimony estimation. 

• Is your spouse entitled to your business if you divorce in Thousand Oaks?

  California is a "community property" state. This means that the value of the business will be figured out, and each spouse in a divorce case in Thousand Oaks will get half of the assets. If the spouse does not have other employment, can sign contracts, and their name is included in the registration documents, then he/she can be as involved in the business as possible. If the spouse is on the payroll, he/she can be assumed to be an employee. Additionally, you may need to demonstrate to a judge that you are the driving force behind the company’s success in order to maintain control.

• What is considered a high-asset divorce in Thousand Oaks?

  In Thousand Oaks, a high-asset divorce is one in which either one or both of the spouses have assets worth at least $1 million. Since California is a "community property" state, all assets bought during the marriage should be listed and split equally between the couple. While a high-asset divorce generally goes through the same aspects and procedures as a normal divorce, the difference is in the equitable distribution process. Couples in a high-asset divorce need to hire a series of professionals to ensure an equal division of different properties, investments, and other assets.

• 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.