Low-cost Sacramento Divorce Lawyer
Mon – Sat
8 AM – 6 PM
I help clients get divorced while protecting their financial future. Specifically, I help clients dissolve their marriage in a timely manner while pursuing their interests with regard to child support, spousal support and the division of property for a flat fee or affordable hourly rate.
Divorce is one of the most important financial events in a person’s life. The wealthier spouse may face demands for significant child support, alimony and the forced sale of property. In some cases the wealthier spouse may even be required to pay their ex’s attorney fees. With so much at stake I understand that clients need an affordable Sacramento divorce attorney who will fight for their financial interests.
If you are contemplating divorce or have been served with divorce papers I encourage you to call my office at (916) 250-1610 Monday through Saturday from 8 AM to 6 PM for a free consultation.
Nearly everyone contemplating divorce wants to know how much a Sacramento divorce attorney will cost. Unfortunately, it’s nearly impossible to give an accurate estimate of the total attorney fees. The total cost will depend upon the temperament of both parties, income and value of property. Simply put, if your ex is holding a grudge and you’re the breadwinner with valuable property, you will pay your divorce attorney more for the contested divorce compared to a simple uncontested divorce; one in which you and your spouse agree upon the issues, have equivalent income and little community property.
Some factors that affect the cost of divorce include:
- Children – whether the parties agree upon custody and child support
- Cooperation between the parties and attorneys
- Duration of the marriage
- Dual income vs single income household
- Community Property – Value, quantity and real estate
To help my clients afford divorce I offer a low flat fee for uncontested divorces when the parties have moderate income, few assets and most importantly can work with one another. While I can only represent one party in divorce, my flat fee can help agreeable parties save considerable time and expense. In all other cases I charge an affordable hourly rate payable by credit card.
Whether you need help securing a simple uncontested divorce or favorable decisions in contested matters, I make a sincere effort to add value to my client’s financial future by weighing the costs of litigation against the potential benefits.
I offer free consultations at my office located at 4050 Truxel Road #C, Sacramento, CA 95834. To help provide you with accurate advice I often ask prospective clients to bring a copy of last year’s tax return or recent pay stubs. This financial information will help me guide you through child support and alimony issues.
To schedule your free consultation I encourage you to call my office at (916) 250-1610 Monday through Saturday from 8 AM to 6 PM.
Starting A Divorce
To file for divorce in Sacramento you must have been a resident of Sacramento County for at least 3 months and California for at least 6 months. After filing the divorce petition and serving your spouse you must wait at least 6 months and 1 day before a final judgment for dissolution can be entered by the court.
Since 1970 California has been a “no fault” state meaning that anyone seeking dissolution of their marriage can simply that that there are irreconcilable differences which have caused an irremediable breakdown of the marriage. The party seeking dissolution of the marriage does not have to prove mental cruelty, insanity, or adultery.
If you think your spouse will transfer assets upon learning about your plans for divorce your attorney may file the divorce petition right away to gain the protections afforded by the
Automatic Restraining Order to prevent spouses from depleting or transferring marital assets the court imposes certain automatic restraining orders on the Summons. Automatic Temporary Restraining Orders (ATRO’s) apply to the petitioner (person who files the divorce petition) upon signing the petition and to the respondent (person responding to the petition) once they are served with the petition.
The Automatic Temporary Restraining Orders are standard in divorce proceedings and generally require the parties to maintain the status quo. Specifically, ATRO’s prevent the parties from:
- Removing Children – removing their children from California without the prior consent of the other party
- Insurance – change, cancel, encumber or modify insurance
- Hide/Sell Property – transfer, conceal, liquidate or borrow against real or personal property
- $ – engaging in extraordinary expenditures
In the interests of both parties having access to legal representation, ATRO’s do not prohibit the parties from hiring or paying a divorce attorney. Accordingly, some parties early in the divorce will use community funds to pay their attorney a retainer which the attorney will then bill against throughout the divorce.
Default, Contested & Uncontested
After service of the Petition and Summons the Respondent may either file a response with a proof of service or simply default.
- Default – when a respondent does not file a response within 31 days after service the Petitioner may file a default which will remove respondent as a party to the divorce proceeding.
- Uncontested – in an uncontested proceeding the parties agree to all issues such as child custody and visitation, support and division of assets and debts. If the parties agree on all issues they may enter into a marital settlement agreement.
- Contested – in a contested proceeding the parties disagree on one or more issues incident to divorce. Common contested issues include child custody, child visitation, child support, spousal support and division of community property.
In simple cases with few assets and low income cooperative parties can realize substantial savings by pursuing an uncontested divorce through a reasonable marital settlement agreement. In contrast, parties with significant assets, disparate income or children may pursue a contested proceeding to gain a favorable division of property or award of child or spousal support.
Child support is one of the most frequently contested issues in divorce proceedings. California has a strong public policy favoring “adequate” child support which often results in awards that far exceed the actual cost of raising a child. Accordingly, the non-custodial parent with high-earnings can face hundreds of thousands of dollars in child support liability.
The policies underlying California’s child support calculation favor the stay-at-home parent over the breadwinner and explain in part how child support awards often exceed the cost of raising a child. Family Code Section 4053 states that the child support calculation should be guided by these principles:
- Each parent should pay for the support of the children according to their ability
- Children should share in the standard of living of both parents. Accordingly, child support can appropriately improve the standard of living of the custodial parent to improve the lives of the children.