Essential Insights from a San Ramon Divorce Attorney

by | Jun 26, 2024 | Divorce

If you’re facing a divorce in San Ramon, you might feel overwhelmed by the complexity of the process and unsure about what steps to take. Understanding the basics of divorce and having access to key information can empower you and provide a sense of control over the outcome. As the saying goes, “knowledge is power,” and having this knowledge will help you navigate the journey ahead. Below, read questions and answers we often get as San Ramon divorce attorneys, and a list of questions you should ask your lawyer as you face this process.

Frequently Asked Questions about California Divorces

The Basics

Q: How do I start the divorce process?

A: The first step in many divorce cases is consulting a California family lawyer. While hiring a family law attorney is not mandatory, having one can be immensely beneficial. An experienced divorce attorney can provide critical information about what to expect and advocate for your best interests throughout the process.

Q: Will I need to go to court?

A: While the divorce paperwork must be filed with the court, most divorce cases are resolved without litigation. Often, parties can reach an agreement independently, with the assistance of their attorneys, or through mediation or other dispute resolution methods.

Q: Do I need to have a reason to file for divorce in California?

A: In California, divorces are typically based on irreconcilable differences, indicating that the marriage is no longer sustainable due to ongoing conflicts or challenges. This state operates under a “no-fault” divorce system, meaning that couples can dissolve their marriage without assigning blame to either party. Additionally, divorce may be granted if one spouse is incapacitated, incarcerated, or if the marriage is annulled under specific circumstances.

Q: How long do divorce proceedings take?

A: Divorce proceedings involve several stages and can vary in duration. California law mandates a six-month waiting period from the filing date to the finalization of the divorce, ensuring couples have ample time to consider reconciliation. However, the actual timeline for completion can extend beyond this period, especially in cases involving complex assets, child custody disputes, or other legal complexities.

Q: Are there alternatives to going to court?

A: Yes, mediation offers a constructive alternative to traditional court proceedings for couples seeking an amicable resolution. Through mediation, spouses can collaborate with a neutral third-party mediator to negotiate terms of the divorce, including property division, child custody, and support arrangements. Mediation not only expedites the process but also maintains confidentiality, as discussions remain private and are not part of the public record.

Q: Do I need an attorney?

A: While not mandatory, seeking guidance from a skilled divorce attorney is highly recommended, especially in cases involving contentious issues such as child custody, alimony, or complex marital assets. An experienced attorney can provide invaluable legal advice, advocate for your rights, and ensure that your interests are protected throughout the divorce proceedings.

Considering the Children

Q: How is child custody determined?

A: If parents cannot agree on custody and parenting time, the court will make the decision based on various factors outlined in California Family Code Sections 3011 and 3020. The court’s primary concern is the best interests of the child, considering the child’s health, safety, and welfare.

Q: Does the mother always get custody?

A: No, California law prohibits judges from considering gender when determining custody. Both parents are presumed to be equally capable of providing care unless proven otherwise (California Family Code Section 3040(a)(1)).

Q: How is child support determined?

A: Child support amounts are calculated using a formula provided in California Family Code Section 4055. This formula takes into account both parents’ incomes, the time each parent spends with the child, the number of children, and the total net disposable income available.

Assets and Debts

Q: How is property division handled during a divorce?

A: California is a “community property” state, meaning any property acquired during the marriage (excluding gifts and inheritances) is considered jointly owned and will typically be divided equally between the spouses.

Q: Will I have to pay my spouse’s debts?

A: Debts incurred during the marriage are generally considered community property. However, if one spouse incurs debt out of spite or fraudulently, the court may assign responsibility for that debt solely to the person who incurred it.

Alimony/Spousal Support

Q: Is alimony always ordered?

A: Alimony is often appropriate in cases where there is a significant economic disparity between the spouses’ post-divorce. Judges consider factors such as the age and health of both parties, earning capacities, debts and property arrangements, any career or educational sacrifices made by one spouse to support the other, and the impact on children if the custodial parent returns to work.

Q: How is alimony calculated?

A: The calculation of alimony is based on local court guidelines and considers factors including the standard of living during the marriage, the length of the marriage, each party’s earning capacity, and any history of domestic violence or abuse.

Questions to Ask Your San Ramon Divorce Attorney

When you first meet with your San Ramon divorce attorney, it’s important to ask the right questions to ensure they are the best fit for your case. Here are some questions to consider:

  1. What is your experience with divorce cases in San Ramon?
  2. How do you approach divorce cases?
  3. What is your strategy for my case?
  4. How will you communicate with me throughout the process?
  5. What are the potential outcomes of my case?
  6. How do you handle negotiations and settlements?
  7. What are your fees and billing practices?

These questions can help you gauge the attorney’s experience, communication style, and approach to handling your case, ensuring you find someone who aligns with your needs and expectations.

Call Whipple Mercado and Associates Today

If you’re facing a divorce in San Ramon, you don’t have to go through it alone. At Whipple Mercado and Associates, we are dedicated to guiding you through the process with compassion and expertise. Our experienced team understands the complexities of California family law and will work tirelessly to protect your interests and achieve the best possible outcome for you and your family.

Remember, with the right information and support, you can take control of your divorce process and move forward with your life. Contact us today.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization