Redding Divorce Lawyer & Law Firm

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Redding Divorce Attorney

Navigating the complexities of a divorce can be emotionally taxing as well as overwhelming. Whether you are dividing family assets with your ex-spouse, negotiating a custody arrangement, or contesting an original child support arrangement, a Redding divorce lawyer can help ensure your rights are protected, and goals are met as much as possible throughout the entire legal process.

At Eric Alan Berg & Associates, the commitment to providing our clients with thorough and compassionate legal support is apparent in every case we close. We have spent years helping clients who were struggling with the same issues as you may be – from child custody questions to issues involving spousal support. Connect with our team today to learn more about how we can help secure the most favorable outcome possible in your divorce case.

Redding Divorce Lawyer

What Are the Most Contested Issues in Divorce Cases That Need to Be Resolved?

Because a divorce is the process of stripping apart what once was a family unit that functioned dependent on one another, there are many different issues that become highly contested and emotional as the process unfolds. Some of the most common include:

Child Custody and Visitation

If a parting couple has children together, they will need to determine who will have physical and legal custody. Physical custody is determining where a child will reside, while legal custody is deciding who will make decisions on behalf of the children, such as their education or medical treatments.

Sometimes, both of these are split between parents, while other times, one parent may be awarded sole custody. In sole custody arrangements, it’s likely that the non-custodial parent will be granted visitation rights to have an avenue to maintain a bond with their children. The only way a request for visitation would be denied is if there is evidence to suggest the non-custodial parent had been abusive or neglectful in the past.

Child Support

Child support is typically paid by the parent who makes a higher income than the other parent to help provide for a child’s basic necessities. In addition to the parent’s income, the needs of the child and the custody arrangement that will also exist can play a role in how much the child support payment is.

Common disagreements when negotiating child support payments typically revolve around disputes over how accurately each parent has reported their annual income. The parent who will have to make these monthly payments may also question how much money the other parent claimed they need for additional expenses like daycare or education.

Division of Property and Debts

California is a community property state. This means that all assets and debts that a married couple has acquired during their marriage are considered equally owned under California law. This includes real estate properties purchased, bank accounts opened, and even credit card debts that have accumulated since the marriage began.

The most common dispute when dividing property is the question of when something was acquired. In some cases, a spouse may try to present evidence to suggest they purchased something before getting married. Unless the other spouse can produce counter-evidence, this specific item will not fall under California’s community property state rules.

Retirement Benefits

Both retirement accounts and pensions are considered joint marital assets. Dividing these benefits can be extremely contentious, especially when both individuals had planned to rely on the entirety of these funds after retirement. Not only does the current value of the retirement plan need to be evaluated, but future earnings also need to be included in the calculation before determining who is entitled to what after divorce.

FAQs

Q: How Much Does It Cost for a Divorce Attorney in California?

A: There are many different factors that all mix together to influence the final cost of a divorce attorney in Redding, California. The length of time it takes to complete your case, how many years of experience your attorney has, and how close they are to a major city will all drive the costs either up or down. While many attorneys charge by their hour or per service, some will request a retainer fee upfront to ensure there is a budget available before they agree to take the case.

Q: What Is a Conflict of Interest in a Divorce?

A: Conflict of interest in a divorce is when an attorney is unable to represent a specific client due to a competing professional or personal interest. Many times, this is because the attorney has either been in a relationship with the individual before, has a family connection, or has a financial interest tied to the individual in some capacity. Because these can compromise the integrity of a case, attorneys are required to disclose all conflicts before taking on a case.

Q: Do Opposing Divorce Lawyers Talk to Each Other?

A: Yes, it is common for opposing divorce lawyers to communicate with each other during their client’s case frequently. This is mostly for useful purposes relevant to the case, such as negotiating with each other to reach a mutually agreeable solution or just simply communicating relevant information like updates to the case. The strength of this communication between opposing lawyers can sometimes help facilitate reaching a quicker resolution in court.

Q: What Are the Grounds for Divorce in California?

A: No one in California needs grounds for divorce, as it’s a no-fault divorce state. This means that no one has the responsibility to prove any specific wrongdoing as a requirement before divorcing. Oftentimes, a couple might just be splitting because they are unable to get along well enough to continue the marriage. The frequency of these scenarios is what motivated California to become a no-fault divorce state to give divorcing couples more freedom in their split.

Contact Eric Alan Berg & Associates Today

If you are starting to face the prospect of divorce, separation, or even divorce mediation, you should never feel like you have to take the journey alone. Eric Alan Berg & Associates is always standing by, ready to help guide you through each step of the process. Contact us today to schedule a consultation and see why others have already chosen us as their “divorce coach” to help jumpstart their new beginnings.

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!