Sacramento Divorce Lawyer

Leading Mediation, Child Custody & Family Law Attorneys in Placer & El Dorado Counties

About half of marriages in the US end in divorce. Divorces are highly emotional situations that can have a significant impact on the rest of your life. When there is so much riding on such a volatile circumstance, you need professional help. Choose the attorneys of the Stutz Law Office if you need a lawyer to handle your divorce, spousal support, child support, etc. 

The firm's founder, attorney Joshua Stutz, started the company in 2019 to help clients in the Placer County, CA area resolve their divorces and family law matters amicably. With a combined decade of experience among three on-staff lawyers, you can trust the Stutz Law Office to represent you through your divorce.

Call Stutz Law Office, P.C. at (916) 884-2235 or reach out online today to schedule your free initial consultation with a divorce lawyer in Sacramento.

We Assist You With Your Divorce Matters

Divorce cases have several components. You, your spouse, and your attorney will need to discuss several factors in your divorce, including:

• Division of Marital Property - Anything that you and your spouse bought while you shared finances needs to be equitably distributed. In some cases (those with large assets, like real estate), this may mean liquidating certain assets and splitting the proceeds between both parties. However, you and your spouse may not split any assets you each owned before your marriage.
• Child Custody - This is often the most bitterly contested part of a separation. In California, child custody has two main parts. First, it decides which parent a child will live with. Second, it determines which parent may make medical, educational, religious, and other choices regarding a child's upbringing.
• Child Support - If one parent has a significantly higher income than the other, a divorce may require a child support ruling. The court may mandate one parent to make monthly payments to the other, depending on which parent has custody of a child and each parent's income. After a court has ruled in favor of child support, a parent may pursue legal action if their former spouse does not pay.
• Spousal Support - Similar to child support, spousal support (alimony) refers to a monthly payment from one former spouse to another. These situations occur when one party makes significantly more money than the other. It allows the lower-earning spouse to maintain their standard of living post-divorce.

In many divorce cases, these components may be bitterly contested between each party. Additionally, the parties may have difficulty negotiating with each other one-on-one due to the highly emotional nature of these cases. Because of these factors, choose the attorneys of the Stutz Law Office to handle your divorce.

Understanding California Divorce Laws

California follows a no-fault divorce system, which means that neither spouse has to prove wrongdoing to obtain a divorce. Instead, the primary ground for dissolution is "irreconcilable differences," indicating that the marriage has broken down beyond repair.

The state also has a mandatory six-month waiting period from the date the divorce petition is filed before the court can finalize the divorce. During this time, various issues such as property division, child custody, and support arrangements must be resolved. A Sacramento divorce attorney can guide individuals through the legal process, ensuring that all necessary filings are completed correctly and that their interests are represented.

Not all divorces follow the same path. Some spouses can agree on all major aspects of the separation, while others require extensive litigation to settle disputes.

• An uncontested divorce occurs when both parties mutually agree on terms related to property division, child custody, and spousal support. These cases tend to be more efficient and cost-effective. However, even when both parties agree, it is still advisable to work with a Sacramento divorce lawyer to ensure that the final agreement is legally sound and enforceable.
• A contested divorce arises when spouses cannot reach an agreement on key issues. These cases often require mediation, negotiations, or even court intervention to resolve disputes. When a contested divorce becomes necessary, having an experienced Sacramento divorce attorney advocating on your behalf can make a significant difference in securing a favorable outcome.

Why Mediation Might Be Beneficial

Mediation offers a collaborative alternative in divorce proceedings that often reduces conflict and preserves relationships, which can be particularly important when children are involved. By focusing on open communication and negotiation, mediation encourages both parties to express their needs and arrive at a mutually beneficial agreement without the adversarial nature of a court trial.

In Sacramento, choosing mediation can save time and money, as it often resolves faster than traditional litigation. Mediation sessions typically involve both spouses and a neutral mediator who facilitates discussions and helps them navigate contentious topics like child custody, support, and property division. The outcomes tend to be more satisfying, as both parties have a hand in reaching a compromise. Our attorneys can represent you in this process, ensuring your rights and interests are safeguarded throughout discussions.

Avoiding Common Divorce Pitfalls

The emotional intensity and complexity of divorce can lead to common mistakes that hinder fair settlements or prolong the process. One major pitfall is the lack of financial documentation or inaccurately reporting assets and liabilities. This can lead to unfavorable divisions or disputes down the line. It's crucial to gather and organize all relevant financial information comprehensively from the start.

Emotional decision-making can also complicate and stall proceedings. Decisions made in anger, resentment, or amidst uncertainty can have lasting negative outcomes. Our goal at Stutz Law Office is to provide objective advice, helping you remain focused on practical and long-term solutions. We also encourage clients to consider post-divorce life, emphasizing agreements that provide continuity and stability for your future.

Contact Our Divorce Attorneys in Sacramento

Divorce is a complex legal process that involves multiple moving parts, from financial settlements to custody determinations. Mistakes made during this process can have lasting consequences. Seeking legal representation ensures that rights are protected and that all agreements align with California law.

A Sacramento divorce attorney provides strategic guidance tailored to the specific needs of each client. Whether navigating negotiations in an uncontested divorce, litigating contentious disputes, or handling post-divorce modifications, having an attorney advocating for one’s interests can make a significant difference in the outcome of the case.

Contact us online or call (916) 884-2235 to speak with a reputable family lawyer at Stutz Law Office, P.C. today.

Frequently Asked Questions

How Long Does a Divorce Take in Sacramento?

In Sacramento, as in the rest of California, there is a mandatory waiting period of six months from the time the divorce papers are served to one spouse until the divorce can be finalized. This waiting period applies regardless of whether the divorce is contested or uncontested. While this may seem lengthy, it can be beneficial as it allows both parties time to negotiate terms that are fair and equitable. The actual time to complete a divorce can vary depending on the complexity of the issues involved, such as child custody and financial agreements. Working with Stutz Law Office can help streamline the process by ensuring all legal requirements are met promptly and efficiently, ultimately moving the divorce to completion as smoothly as possible.

What Are the Grounds for Divorce in Sacramento?

In California, divorces are granted on a "no-fault" basis, which means that the filing spouse does not need to prove that the other spouse did something wrong. This simplifies the process because the only basis required is "irreconcilable differences," which essentially means that the marriage cannot be repaired. There is also the option to file based on "incurable insanity," but this is rarely used due to the need for medical proof and complexity it adds to proceedings. Most couples find that filing under no-fault grounds speeds up the process and reduces the potential for adversarial interaction. At Stutz Law Office, we ensure you understand your options and assist with filing appropriately to safeguard your interests.

How Is Property Division Handled?

Property division in Sacramento follows California's community property laws, which dictate that all assets and debts acquired during the marriage are divided equally, regardless of whose name is on titles or accounts. The challenge often lies in accurately valuing and characterizing property, especially with complex assets like businesses, retirement accounts, or shared investments. Pre-marital assets or those acquired through inheritance or gift may not be subject to division if they can be clearly traced and distinguished. With a thorough understanding of these laws, Stutz Law Office aids clients in protecting their interests, ensuring a fair evaluation, and accounting for all owed entitlements throughout the division process.

What Should I Know About Child Custody?

Child custody in Sacramento is determined by assessing what arrangement is in the best interest of the child. Courts consider factors like the health, safety, and welfare of the child, the nature of the relationship with both parents, and the ability to co-parent effectively. Legal custody involves decision-making authority over major aspects of the child's life, while physical custody concerns where the child will live. Our firm guides you through these considerations, advocating for an arrangement that promotes your child's well-being and stability. Whether seeking sole or joint custody, we help present a strong case that aligns with your child's needs and your family dynamics.

How Can I Prepare for a Divorce Process?

Preparing for a divorce involves several key steps: organizing all financial documents, understanding all assets and liabilities, and considering the desired custody arrangement if children are involved. Emotional preparation is equally important; seeking counseling or support groups can be beneficial during this challenging time. It's crucial to consult with a lawyer early in the process. Stutz Law Office assists in preparing a comprehensive strategy, focusing on both immediate needs and long-term goals. By laying solid groundwork and receiving proper guidance, you are better positioned to secure a favorable outcome that addresses your personal and financial well-being after divorce.