Chico Divorce Lawyer & Law Firm

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Chico Divorce Attorney

Going through a divorce or a legal separation is rarely a pleasant experience, and several potential issues can arise even between the most amicable of spouses. Retaining a qualified and experienced family lawyer to help you reach a marital settlement can streamline the ordeal and make matters easier for you and your family. A kind and skilled Chico divorce lawyer can guide you throughout the divorce process every step of the way.

Chico Divorce Lawyer

Common Divorce Law Issues We Can Help You With

Generally, every divorce case will include similar components, which must be addressed before the divorce can be finalized. These are some common divorce matters and related family law issues that our legal team is proficient in handling:

Marriage dissolution: Also known as divorce, marriage dissolution is the legal process of officially ending the marital union between two people. After filing the petition for divorce, the spouses must wait for the mandatory waiting period, and all relevant matters must be agreed upon before the divorce can be finalized.
Legal separation: Legal separation is an alternative to marriage dissolution wherein the spouses remain technically married but live separately from one another and divide their assets as though they were divorced.
Child custody: When spouses share biological or adopted children (including step-children) together, there must be an agreement regarding the legal and physical custody of the child until they reach the age of 18.
Legal custody: This custody type is the parental right to make important decisions regarding one’s child. Physical custody decides where the child will primarily reside and visitation arrangements for the non-custodial parent. Both forms of custody may be jointly shared between parents or designated solely to one parent.
Child support: Child support is a form of financial support that either parent may receive following a divorce, although it’s typically the higher-earning party who provides support payments to the other parent, who is usually the primary caregiver. These support payments go towards the child’s living expenses.
Alimony: Also known as spousal support, alimony may be awarded with a divorce case to the lesser-earning spouse if they have requested spousal support. Alimony is meant to help the requesting spouse maintain living standards similar to those they experienced when they were married. How much alimony may be or last will be determined based on the length of marriage, each spouse’s income, capacity to earn wages, and individual needs.
Property division: Spouses in California share marital, or community, property that encompasses all assets and debts incurred by either party within the duration of the marriage. Community property must be divided equitably during a divorce, which can easily become a complicated or contentious matter for many couples.

The division of property requires that each spouse discloses all of their assets, and any separate property must be clearly identified to avoid division. Equitable distribution may be complex since not every asset, such as the marital home, can be split 50/50, so compromise and creative problem-solving are required oftentimes.

FAQs

Q: How Much Does a Divorce Lawyer Cost in California?

A: The cost of a divorce lawyer ranges depending on how they charge for their services (hourly rate, flat fee), where you’re located, the experience of the attorney, and how complex your case is.

A relatively simple divorce—wherein spouses were married for a short time and have little marital property and no children, for example—is likely to cost much less than a divorce for a couple that has been together for an extended period, has minor children, or shares high-value assets.

Q: What If My Spouse Doesn’t Agree to Get a Divorce in CA?

A: In Chico, California, spouses don’t need to agree about divorce in order for one party to file for marriage dissolution. If your spouse has refused to respond to the divorce filing, you can proceed without them after some time has passed. You can write to the court outlining what you would like as far as any divorce decisions, without the input of your spouse, and the court will need to approve any terms you put forth.

Q: How Long Does a Divorce Take on Average in California?

A: How long your divorce may take depends on various factors. According to California’s divorce laws, there’s a mandatory waiting period of six months following the filing of the petition to divorce before the marriage dissolution can be finalized.

Therefore, your divorce proceedings are likely to last for at least six months but may be much longer, depending on how contentious the case is, if there are court delays, or if the spouses’ marital estate is especially large or complicated.

Q: How Is Child Custody Determined in California?

A: Child custody orders are determined by the family court judge overseeing the divorce proceedings. It is the primary goal of the judge to find a custody agreement that’s in line with the child’s interests, betterment, and well-being.

The judge will consider various factors when determining child custody, such as the child’s age, any medical complications they may have, each parent’s ability to care for their child, their relationship with the child, and their average income, among many other factors.

Q: Do I Need a Divorce Attorney If My Spouse and I Agree?

A: Even if a divorce is uncontested and you and your spouse are in general agreement about most or all issues, it’s still recommended that you have a divorce lawyer. The reason for this is that not only can a divorce attorney streamline the process, but it can help to have a legal professional to ensure you understand the laws involved and their implications. Additionally, sometimes problems or unexpected disputes can arise that may warrant a lawyer’s counsel.

Dedicated Divorce Attorney Ready to Work for You

At Eric Alan Berg & Associates, our professional divorce attorneys have years of practical experience handling divorce-related issues in and out of court. Whether your case appears simple or highly contested, we’re here to make the legal process easier for you. Contact our legal team today to schedule a consultation and speak with a qualified divorce lawyer about your circumstances and concerns.

On May 4, 2018, Attorneys of Eric Alan Berg and Associates successfully suppressed evidence in a DUI case resulting in a complete dismissal. The client had been pulled over on a Friday night leaving the Market Street Steakhouse. A Redding police officer claimed that his tail light was out and initiated a traffic stop. Unbeknownst to the officer, the car had just passed a safety inspection a few weeks before. The defense subpoenaed the inspection records and called the technician who serviced the car to testify to explain that the light was working properly, and called an eye witness who saw that the light was in working condition the morning after the arrest. The client can now return to work without fear of any license restrictions, probation, or punishment.

DUI Dismissal

A man in his 60’s was charged with molesting and sodomizing five boys in a 35 year period. The sheriffs detective knew at least one of the boys had recanted but he hid the tape recording wherein the boy said it never happened. The district attorney had to search the sheriff’s computer himself to find the tape showing the man’s innocence and showing that the boy said he was innocent.

False accusation of multiple molestation

We represented an old man who was accused of sexually molesting his girl friend’s daughter. The prosecutor claimed that he confessed on tape. The defense showed that it was no confession. Many of the jurors found the defendant not guilty. The defendant eventually avoided state prison and was freed.

False accusation of molestation of girl friends daughter

Our client was a probation officer and was charged with sexually molesting his neighbor and his adopted foster daughter. The defense showed that his daughter had a long history of falsely accusing people of serious crimes. The defense also presented the daughters long history of mental illness. The defense also showed that the police lost a crucial recorded statement of another complaining witness. Many jurors found the accused innocent of the charges and the court dismissed the charges after the first trial.

False accusation of adopted child molestation

Our client was charged with sexually molesting his adopted step-daughter. The district attorney claimed that he had a confession on tape. The defense showed that it was not a confession but a set up. Many jurors found the defendant not guilty and the court dismissed all of the charges. In that case, the accuser originally accused our client of molesting her for many months. The district attorney tried to change the story when we proved that he wasn’t even in town when these crimes supposedly occurred.

False accusation of molestation of step daughter

We defended two Hells Angels accused of rape. At the trial we proved that the accuser exchanged her phone number with one of the other old bikers at the clubhouse, a few minutes after the alleged rape. Through our investigation, we learned that the accuser, a young woman in her early twentys had borrowed her father’s car for the night. She returned it late, making him late for work in the morning. She needed a good excuse. The excuse she used was that she had been raped by two Hells Angels.

False accusation of rape

An old man in his 70’s was charged with threatening 2 sheriff deputies with his Chinese assault rifle . This man was a famous newspaper editor and publisher in the county. He was a regular critic of the Sheriff. He fought in the Battle of the Bulge in World War II. On Christmas Eve, he and his wife had been burning rat’s nests on his property in Hayfork. As the fire got out of control and spread prisoners from the local fire camp were called to put it out. They were up all night making noise and causing his dog to bark which kept him and his wife and his dog awake on Christmas eve. He went down to the prisoners and told them to be quiet and then went back home.

False accusation of threatening of Sheriff Police.

Recently, a client of ours was facing multiple charges including possession of a controlled substance with a firearm, which is a prison eligible felony. Additionally, the DA in the case was looking to add more prison eligible felonies such as bringing a controlled substance into a jail. Eric Alan Berg & Associates was able to negotiate an agreement with the DA where our client plead to only two misdemeanor charges of possession of a firearm and controlled substance.

Securing Misdemeanor Deal when Client charged with Strikes

Recently we had a client who was arrested for possession of drugs and child abuse. Attorney Eric Berg was able to convince the DA to file only the drug possession charge and not the child abuse charge. Further, if our client continues with their treatment plan the entire case will be dismissed in six months without ever requiring our client to plead guilty or no-contest. If you or someone you know is facing legal troubles give our offices a call today at (530) 223-5100 to set up a free consultation!

Facilitating Substance Abuse Treatment and avoiding a Criminal Record

Recently a client retained us who was stopped for a traffic violation while they were transporting a couple of pounds of marijuana, which was discovered by law enforcement during the stop. Our offices were able to get all their charges and case dismissed in court. If you or someone you know has been arrested for similar crimes, give our offices a call today at (530) 223-5100 to set up a free consultation!

Marijuana Transportation Case Dismissed

Before retaining us, our client had a number of pending cases, and some matters being investigated by law enforcement. They took a plea bargain in which they plead guilty to three of their pending cases, with the understanding that the rest of their pending cases would be dismissed and any un-filed cases would not be filed. Shortly after entering this agreement, the DA’s office filed charges related to an investigation that began before they entered the agreement. We successfully argued that the DA’s office breached the plea agreement, and had the plea agreement enforced – meaning the new case was dismissed. If you or someone you know is in need of an attorney, give us a call today at (530) 223-5100 to set up a free consultation!