Rancho Bernardo Divorce Attorneys

Founder of Ryan Family Law, Paul J. Ryan, moved the main office to Rancho Bernardo, CA – a lovely and relaxing slice of San Diego County, CA.

An experienced family law attorney, Paul J. Ryan, can guide you in gaining a comprehensive understanding of the divorce procedure and the various legal options at your disposal during your free consultation that you will have with attorney Ryan. Schedule a no-cost consultation with Paul right now. Call (858) 222-6600 to schedule your confidential consultation as soon as today or tomorrow if Paul cannot carve out time today. You can ask all your questions and review your situation including the exploration of multiple options. There’s never any pressure – just compassionate and understanding help should you need it.

We will support you in making crucial decisions that will have a lasting impact on you and your family. We will stand by you and work tirelessly to achieve the goals and outcomes important to you.

Overview of Divorce in California – Residency Requirements

The divorce process typically involves filing a petition for divorce, serving the other spouse with the papers, and going through a settlement process to resolve issues such as property division, spousal support, and child custody. If the parties cannot reach an agreement, the case will go to trial.

California is a community property state, meaning that any property acquired during the marriage is generally considered to be owned equally by both spouses. In a divorce, the court will divide the community property equitably, but not necessarily equally.

Spousal support, also known as alimony, may be awarded to one spouse to help them maintain a standard of living similar to that during the marriage. The amount and duration of spousal support is determined based on factors such as the length of the marriage, the earning capacities of each spouse, and the needs of each spouse.

Child custody, also known as child guardianship, refers to the legal arrangement regarding who will make decisions and provide care for the children of the marriage. In California, the court’s priority is the best interests of the child, and the court may award joint custody, sole custody, or a combination of the two.

It is recommended to seek the advice of a licensed attorney for guidance throughout the divorce process in California. If you have questions about divorce, spousal support or child support call Paul J. Ryan at 858-222-6600 to schedule a no cost phone consultation — often the same day — or, if you’d like, we can have a sit down consultation at our Rancho Bernardo office, Mission Valley, or Carlsbad office.

Is There a Waiting Period for Divorce in California?

For heterosexual couples seeking divorce in California, there are residency requirements of six (6) months. However, LGBT spouses may divorce without meeting these requirements if they married in California or their home state denies them a divorce.

What If I Don’t Meet Residency Requirements?

Other options to consider if you don’t meet residency requirements right now: Legal separation is an option for those who haven’t met residency requirements, as it permits moving towards divorce before court proceedings.

California is a “No-Fault” Divorce State

California is a “no-fault” divorce state, which means that a spouse seeking a divorce does not have to prove that the other spouse did something wrong or was at fault for the breakdown of the marriage. In a no-fault divorce, the court grants a divorce based on the fact that the marriage has irretrievably broken down, without assigning blame to either party. This type of divorce allows for a more streamlined and less contentious process, as the parties do not have to prove fault or engage in a legal battle over the cause of the breakdown of the marriage.

California is a Community Property State

California is a community property state” means that, in the state of California, any property or assets acquired during a marriage is considered jointly owned by both spouses and is subject to equal division in the event of a divorce. This includes income, debts, and any property acquired with that income or debt. This can affect a divorcing spouse by potentially requiring them to split their assets and debts with their former partner, potentially giving up a portion of what they may have considered as solely their own.

Regardless of Infidelity or Cheating – No Affect on Property Division

Infidelity or cheating is generally not considered in property division during a divorce in California. The state follows the concept of “no-fault” divorce, meaning that the court does not consider reasons for the breakdown of the marriage in determining the division of property or awarding of spousal support. Community property states like California generally divide all assets and debts acquired during the marriage equally between the spouses, regardless of any factors such as infidelity or cheating. However, it’s worth noting that in certain limited circumstances, the court may consider factors such as waste of community assets when dividing property.

Can a Cheating Spouse Who Enriched their ‘Lover’ Can Be Held Accountable?’

Yes, in limited circumstances, the court may consider evidence of waste of community assets in a divorce case in California. Waste of community assets refers to the intentional destruction, transfer, or dissipation of assets for an improper purpose, such as for the benefit of a lover or to punish a spouse. If one spouse is found to have wasted community assets, the court may take that into consideration when making decisions about property division and may compensate the other spouse accordingly. However, it’s worth noting that evidence of waste of community assets can be difficult to establish and proving such allegations can be complex. Additionally, such considerations are still rare and the court’s primary focus in property division is still an equal division of the assets and debts acquired during the marriage.

If your spouse has given money, jewelry, expensive luxury goods, cars, apartments,etc., let’s review that with a no cost strategy session by phone, Face-time, Zoom or in person at our Ranch Bernardo. We’ll explore your various options.

Each Spouse Gets Half of Marital Assets and Debts

The only assets each spouse can keep in their entirety are property classified as separate property. Separate property refers to assets that are not subject to division during divorce proceedings. These assets are typically assets that were owned by either spouse prior to the marriage, gifts or inheritances that were specifically intended for one spouse, and assets that were acquired after the separation. These assets remain the sole property of the individual spouse and are not subject to division during a divorce.

Community Property

Community property is property acquired by either spouse during the marriage and is generally considered to be owned equally by both spouses. In a community property jurisdiction, such assets are typically divided equally between the spouses in the event of a divorce or separation. Assets like income, houses, cars, retirement benefits, and business interests are typically considered community property unless they were acquired prior to the marriage or are considered separate property for other reasons.

Dividing property during a divorce can often be a contentious and complicated process. The division of property can become a source of disagreement and frustration between divorcing couples, especially if they have a significant amount of assets or if they have difficulty agreeing on the value of the assets. This can lead to lengthy legal battles and prolong the overall divorce process. To minimize this, it’s often recommended for couples to seek the help of a family law attorney who has been a party to 1,000’s of couples struggles working out prior settlement agreements as does Rancho Bernardo family law attorney Paul J. Ryan. Moreover, Paul will have dozens of stories, analogies, and helpful input culled over two decades of family law to share relevant analogies to help you come to terms (in a good way) to an equitable division of property and final divorce settlement.

What is a Contested Divorce?

A California Contested Divorce refers to a divorce proceeding in the state of California where the spouses are unable to agree on one or more issues related to their divorce, such as property division, spousal support, child custody, or child support. In a contested divorce, the spouses are unable to reach a settlement agreement, and therefore, the issues are resolved through a trial before a judge. This type of divorce can take longer and be more expensive than an uncontested divorce, where the spouses are able to reach a settlement agreement on all issues. A contested divorce can also be emotionally taxing for both parties involved and may have long-lasting effects on their lives.

What is an Uncontested Divorce?

A California Uncontested Divorce is a type of divorce where the spouses have reached a full agreement on all of the issues related to their divorce, such as property division, spousal support, child custody, and child support. In an uncontested divorce, the spouses are able to resolve their differences without the need for a trial and the involvement of a judge. This type of divorce can be faster and less expensive than a contested divorce and can be less emotionally stressful for both parties involved. In California, an uncontested divorce can be filed by either spouse, and it may be possible to complete the divorce process without appearing in court if the spouses are able to reach a settlement agreement.

LGBT Divorce Process in California

The process of an LGBT (Lesbian, Gay, Bisexual, and Transgender) divorce in California works similarly to any other divorce in the state. However, for same-sex couples, the process may have some unique considerations, particularly if the couple was married in a different state or country before same-sex marriage was legalized in California. The process of an LGBT divorce in California typically involves the following steps:

• Filing for divorce: Either spouse can initiate the divorce by filing a petition for dissolution of marriage in the superior court of the county where either spouse resides.
  
• Serving the other spouse: The spouse who filed the petition must serve the other spouse with the divorce papers.
  
• Responding to the petition: The other spouse must respond to the petition within 30 days, either by agreeing to the terms or by contesting the divorce.
  
• Negotiating a settlement: If the spouses are able to reach an agreement on all issues, they can submit a settlement agreement to the court for approval.
  
• Going to trial: If the spouses are unable to reach an agreement, the court will schedule a trial to resolve any outstanding issues.

Regardless of sexual orientation, the divorce process in California focuses on resolving the legal issues related to the end of the marriage, such as property division, spousal support, and child custody. An experienced Rancho Bernardo family law attorney, Paul J. Ryan, will personally provide you the guidance and representation you deserve during the divorce process, helping ensure that the rights and interests of all parties involved are protected.

Contact Attorney Paul Ryan Today

Military Divorce Process for Service Members
& Their Non-Military Spouses

The process of a military divorce in California is similar to the general divorce process in the state, but with some unique considerations due to the military status of one or both spouses. The process of a military divorce in California typically involves the following steps:

• Filing for divorce: Either spouse can initiate the divorce by filing a petition for dissolution of marriage in the superior court of the county where either spouse resides.
  
• Serving the other spouse: The spouse who filed the petition must serve the other spouse with the divorce papers. This can be more challenging if the other spouse is on active duty or deployed overseas.
  
• Responding to the petition: The other spouse must respond to the petition within 30 days, either by agreeing to the terms or by contesting the divorce.
  
• Negotiating a settlement: If the spouses are able to reach an agreement on all issues, they can submit a settlement agreement to the court for approval.
  
• Going to trial: If the spouses are unable to reach an agreement, the court will schedule a trial to resolve any outstanding issues.
  
• Military Pension Division: Division of military pensions can be a complex issue in a military divorce. An experienced family law attorney can help ensure that the military pension is properly divided in accordance with state and federal law.

In a military divorce, it is important to consider the unique issues related to military benefits and pensions, as well as the possible impact of deployment or relocation on the divorce proceedings. Lieutenant Colonel (ret.) Paul J. Ryan is an experiences family law attorney who helps fellow military members and Federal Civil Service Employees and their spouses. Feel free to schedule a phone on in-person no cost consultation with attorney Ryan at our main Rancho Bernardo office where we talk about the possibility of providing guidance and representation during the divorce process, helping ensure that the rights and interests of all parties involved are protected. Call 858-222-6600 to schedule a no cost phone consultation — often the same day, or schedule your in-person sit down free consultation.

Divorce for Federal Civil Service Employees
& Their Non-Civil-Service Spouses

The process of a divorce for federal civil service employees and their spouses in California is similar to the general divorce process in the state, but with some unique considerations due to the employment status of one or both spouses. The process typically involves the following steps:

• Filing for divorce: Either spouse can initiate the divorce by filing a petition for dissolution of marriage in the superior court of the county where either spouse resides.
  
• Serving the other spouse: The spouse who filed the petition must serve the other spouse with the divorce papers.
  
• Responding to the petition: The other spouse must respond to the petition within 30 days, either by agreeing to the terms or by contesting the divorce.
  
• Negotiating a settlement: If the spouses are able to reach an agreement on all issues, they can submit a settlement agreement to the court for approval.
  
• Going to trial: If the spouses are unable to reach an agreement, the court will schedule a trial to resolve any outstanding issues.
  
• Division of Federal Employee Benefits: Division of federal employee benefits, such as the Federal Employees’ Retirement System (FERS) and the Civil Service Retirement System (CSRS), can be a complex issue in a divorce. An experienced family law attorney can help ensure that these benefits are properly divided in accordance with state and federal law.

In a divorce involving a federal civil service employee, it is important to consider the unique issues related to federal employee benefits, as well as the potential impact of the employee’s employment status on the divorce proceedings. An experienced family law attorney with 100’s of Federal & Military cases successfully handles, can provide guidance and representation during the divorce process, helping ensure that the rights and interests of all parties involved are protected. Feel free to schedule a free consultation with Rancho Bernardo family law attorney, Paul J. Ryan today

Divorce Considerations for High-Net-Worth Couples

Divorce for high-net-worth couples can be a complex process, as there are often significant assets and income streams at stake. We have had the pleasure to meet and represent many high net clients residing in Ranch Bernardo, Rancho Peñasquitos, Scripps Ranch, Carmel Mountain Ranch and throughout San Diego County. Rancho The following are some considerations for high net worth couples during the divorce process:

• Valuation of assets: Accurately valuing assets, including real estate, businesses, investments, and retirement accounts, is a critical component of the divorce process.
  
• Discovery of assets: In a high net worth divorce, it is important to ensure that all assets are disclosed and accounted for. This may involve reviewing financial records, hiring experts to value assets, and conducting an investigation to locate any hidden assets.
  
• Division of assets: High net worth couples may have significant assets to divide, including property, investments, and retirement accounts. The division of these assets may require the assistance of experts, such as financial advisors or forensic accountants.
  
• Tax implications: The division of assets in a divorce can have significant tax implications. It is important to understand the tax consequences of each settlement option and to plan accordingly.
  
• Spousal support: High net worth couples may have significant income streams, which can have a significant impact on spousal support calculations. It is important to understand the applicable spousal support laws and to consider the impact of support on both parties.
  
• Estate planning: High net worth couples may have complex estate plans, including trusts and wills. The divorce process may involve the division of estate assets and the revision of estate plans.

In a high net worth divorce, it is important to seek the advice of experienced professionals, including an experienced family law attorney, like Paul J. Ryan with 3 offices in San Diego and his main office in Rancho Bernardo, CA off the 1-15 at Rancho Bernardo Road. We have an experienced team that can help ensure that the rights and interests of all parties involved are protected, and that the divorce settlement is structured in a manner that meets the unique needs and goals of the parties involved.

Celebrity Divorce Considerations to Consider

Celebrity divorces in California can be complex, as they often involve significant assets, high-profile reputations, and public scrutiny. The following are some considerations for celebrities during the divorce process:

• Prenuptial agreements: Many celebrities have prenuptial agreements in place, which can impact the division of assets in the event of a divorce.
  
• Privacy: Celebrity divorces can be highly publicized, with details of the proceedings and personal lives of the parties becoming public knowledge. It is important to consider privacy and reputation when negotiating and settling the terms of the divorce.
  
• Division of assets: Celebrities may have significant assets to divide, including property, investments, and income streams. The division of these assets may require the assistance of experts, such as financial advisors or forensic accountants.
  
• Child custody and support: Celebrity divorces often involve high-stakes child custody and support battles, as the parties may have significant resources to devote to the care and upbringing of their children.
  
• Complex financial and tax considerations: Celebrities often have complex financial and tax considerations, including income from multiple sources, international assets, and tax implications related to the division of assets.

In a celebrity divorce, it is important to seek the advice of experienced professionals, including a family law attorney who understands your need for privacy and has a cadre of close-in financial advisors from which to pick the extra talent needed to ensure a successful outcome. An experienced team can help ensure that the rights and interests of all parties involved are protected, and that the divorce settlement is structured in a manner that meets the unique needs and goals of the parties involved. Consider calling Rancho Bernardo divorce attorney, Paul J. Ryan at 858-222-6600 to schedule a confidential phone call (often same day) or a sit down strategy session at our Rancho Bernard office.

Child Support Considerations & Expectations in California Divorce

Child support is an important consideration in a California divorce, as it is intended to ensure that a child’s needs are met after the separation of their parents. The following are some considerations and expectations for child support in a California divorce:

• Legal obligation: Both parents have a legal obligation to support their children financially, regardless of their living arrangements. The amount of child support paid by one parent to the other is determined based on a set of guidelines established by California law.
  
• Calculation of child support: Child support in California is typically calculated based on a set formula that considers the income of both parents and the time the child spends with each parent.
  
• Deviation from guideline support: In some cases, the court may deviate from the guideline support amount if there are exceptional circumstances that would make the guideline amount unjust or inappropriate.
  
• Tax implications: Child support payments are tax-free to the recipient and are not tax-deductible for the payer.
  
• Modification of child support: Child support orders can be modified if there has been a significant change in circumstances, such as a change in either parent’s income or the needs of the child.
  
• Enforcing child support: If a parent fails to make child support payments, the other parent can take legal action to enforce the support order, including wage garnishment, seizure of bank accounts, and suspension of licenses.
  
• Role of the court: The court has the final authority to determine the amount of child support to be paid and to enforce the support order.

It is important to seek the advice of a family law attorney when navigating child support considerations and expectations in a California divorce. An experienced Rancho Bernardo family law attorney can help ensure that the child support order is structured in a manner that meets the needs and best interests of the child, and that the rights and interests of all parties involved are protected.

Child Custody Considerations & Expectations in California Divorce

Child custody is a major concern in a California divorce, as it determines where a child will live and the extent of each parent’s responsibility for the child’s care and well-being. The following are some considerations and expectations for child custody in a California divorce:

• Legal custody: Legal custody refers to the right to make major decisions about the child’s upbringing, such as decisions about education, health care, and religious upbringing. Legal custody can be joint, meaning that both parents have the right to make decisions, or sole, meaning that one parent has the exclusive right to make decisions.
  
• Physical custody: Physical custody refers to the child’s actual residence and the amount of time the child spends with each parent. Physical custody can be joint, meaning that the child splits their time between both parents, or sole, meaning that the child lives with one parent most of the time.
  
• Best interests of the child: The court’s primary concern in determining custody is the best interests of the child. Factors considered include the child’s relationship with each parent, the parents’ ability to provide for the child’s needs, the child’s stability and security, and the parents’ history of cooperation and conflict.
  
• Mediation: Many divorce cases involving child custody issues are resolved through mediation, where a neutral third party facilitates a settlement agreement between the parents.
  
• Custody evaluations: In some cases, the court may order a custody evaluation, where a mental health professional assesses the child’s relationship with each parent and makes recommendations for custody and visitation.
  
• Modification of custody: Child custody orders can be modified if there has been a significant change in circumstances, such as a change in either parent’s living situation or the child’s needs.
  
• Role of the court: The court has the final authority to determine custody and to enforce the custody order.

It is important to seek the advice of a family law attorney when navigating child custody considerations and expectations in a California divorce. Paul J. Ryan is an experienced child custody attorney who can help ensure that the custody order is structured in a manner that meets the needs and best interests of the child, and that the rights and interests of all parties involved are protected.

At Ryan Family Law, our Rancho Bernardo child custody lawyers know that child custody disputes can be emotional. We understand this is often the most difficult part of a divorce for parents.

We are here to help you devise a plan that works for you and your family.

We are here to help you protect your kids and do create a plan that will be best for their future. Contact us today to get started. Call 858-222-6600 to schedule a no-cost phone or face-to-face consultation today.

Domestic Violence – How a Family Law Attorney Can Help

A family law attorney from Ryan Family Law with primary office in Rancho Bernardo can help individuals who are victims of domestic violence in several ways:

• Obtaining a restraining order: We can assist you in obtaining a restraining order, which is a legal order that requires the abuser to stay away from you and your family.
  
• Divorce proceedings:  If your spouse is abusive, we’ll help you take concrete steps toward getting a divorce. If you are victimized, frightened, and want to end the marriage, we can help represent you in divorce proceedings and help to secure your rights and interests.
  
• Child custody and support: If you have children, we can help you secure custody and support arrangements that are in the best interest of you and your kids.
  
• Property division: In a divorce or separation, as family law attorneys, we can help to ensure you will receive your fair share of property and assets.
  
• Representation in court: As respected San Diego and Rancho Bernardo family law attorneys, we routinely represent domestic violence victims in court, provide meaninful legal advice, and advocate for your rights and interests.

It’s important to note that every domestic violence case is unique, and the specific ways in which a family law attorney can help will depend on your individual circumstances. Ranco Bernardo domestic violence attorney Paul J. Ryan can provide you the answers you need to the many questions you have. Schedule a consultation to get your questions and concerns addressed.

Divorce Mediation

Divorce mediation is often considered as an alternative to traditional family court divorce because it offers several advantages:

• Cost-effective: Mediation is typically less expensive than going to court.
  
• Speed: Mediation can resolve disputes much faster than the court system, which can take months or even years to reach a conclusion.
  
• Control: In mediation, the parties have more control over the outcome, rather than having a judge make decisions for them.
  
• Privacy: Mediation is confidential, whereas court proceedings are public.
  
• Collaborative approach: Mediation emphasizes collaboration and cooperation, rather than an adversarial approach, which can lead to a more positive outcome for all parties involved.
  
• Customized solutions: Mediation allows for customized solutions that meet the unique needs of the individuals involved, whereas court decisions are limited to legal remedies.

Divorce Arbitration

Divorce arbitration is a form of alternative dispute resolution similar to mediation but with a binding outcome. In arbitration, a neutral third-party arbitrator listens to both sides of the dispute and makes a final and binding decision on the terms of the divorce, such as property division, child custody, and support. Divorce arbitration offers several benefits compared to traditional divorce in court:

• Speed: Arbitration is often faster than a court proceeding, as the timeline is determined by the parties and the arbitrator, rather than the court’s schedule.
  
• Privacy: Arbitration is typically a confidential process, which can help maintain privacy, especially in high-profile or sensitive cases.
  
• Control over outcome: The parties have more control over the outcome, as they can choose the arbitrator and have input into the process.
  
• Flexibility: The arbitration process is flexible and can be tailored to meet the specific needs of each case, unlike a one-size-fits-all approach in court.
  
• Lower cost: Arbitration can be less expensive than traditional divorce in court, as there are usually fewer legal fees and court costs involved.

Schedule Free Consultation with a Rancho Bernardo CA
Divorce Attorney Today