9 Excellent Tips From a Bay Area Divorce Lawyer

by | Jan 1, 2023 | Divorce

Divorce is never easy. And for most people, it’s also one of the most stressful experiences of their lives. Luckily, some professionals specialize in helping people get through this difficult time with as little stress and strife as possible. Divorce attorneys are experienced professionals who can guide you through the divorce process and advocate on your behalf to help make sure you receive fair treatment in all aspects of your divorce. But how do you know if you need a divorce attorney? What can they do for you that a friend or family member wouldn’t be able to? These tips from a seasoned Bay Area divorce lawyer will help you make an informed decision about whether or not hiring a lawyer is right for you.

What Does a Bay Area Divorce Lawyer Do for You?

– Identifies your critical issues in the divorce and makes sure those are properly addressed. A Bay Area divorce lawyer can help ensure you have a clear idea of what you want out of your divorce.

– Helps you understand your spouse’s perspective and negotiate a fair settlement with your spouse. When you have an experienced Bay Area divorce lawyer by your side, you can focus on healing and moving forward without dealing with the divorce’s emotional and legal aspects.

– Navigates the legal process so you don’t have to. Legal assistance means you can avoid navigating the legal system alone and save time, money, and stress.

– Prevents you from making mistakes or falling into common traps that might unnecessarily prolong your divorce. A good Bay Area divorce lawyer understands the legal system in your jurisdiction and can help you avoid any unnecessary bumps in the road.

– Advises you on any special circumstances or considerations you might need in your divorce, such as: kids and/or shared assets. A Bay Area divorce lawyer  can recommend ways to address these issues, helping you make intelligent decisions considering your circumstances.

What Shouldn’t you Expect a Divorce Attorney to Do for You?

– A divorce attorney shouldn’t be expected to help you decide who gets what things in the divorce. That’s the nature of the job, and they will help you determine what you want, but they won’t decide for you.

– A divorce attorney shouldn’t be expected to help you make decisions regarding child custody. The attorney can help you understand the legal implications of your choices but can’t and shouldn’t make the decisions for you.

– A divorce attorney shouldn’t be expected to help you come to terms with the fact that your marriage has ended. A divorce attorney’s job is to help you navigate the divorce, not to help you come to terms with your feelings or help you communicate with your spouse.

When Should you Start Looking for a Bay Area Divorce Lawyer?

You’re ready to make a plan as soon as you know you’re getting divorced. Start looking for a Bay Area divorce lawyer as soon as possible to get the ball rolling on your divorce as quickly and efficiently as possible. The sooner you start, the sooner you’ll get your divorce settled — which can make a tremendous difference in your life.

When Do you Actually Hire a Bay Area Divorce Lawyer?

You should officially hire a divorce attorney once you are either served with divorce papers or when you decide you need to move forward with filing for divorce. Hiring an attorney before the settlement process is always a good idea. Having an attorney present during negotiations helps ensure that you don’t make a mistake that puts you at risk of starting over again and/or paying more money in the long run due to an oversight.

What Should you Look for When Hiring a Bay Area Divorce Lawyer?

Divorce attorneys who have been practicing for a long time have more experience with the legal system and have handled various divorce cases. As a result, they are more likely to have better outcomes and be more efficient in the legal system. When hiring an attorney, ask them how long they’ve been practicing in your jurisdiction and their experience level. Also, ask them to review your case and tell you what their experience and expertise can add to your case. You want to make sure the attorney you hire is someone you feel comfortable entrusting your case to. Having a Bay Area divorce lawyer you’re confident in can make all the difference in the world.

What Should you Avoid when Hiring a Divorce Attorney?

Avoid hiring an attorney who makes you feel rushed, pressured to hire them, or pressured to make a decision you’re not ready for. It’s likely to be a bad experience. You want to feel like you’re hiring an attorney because it’s the right decision for you, so do your due diligence when screening. You can also review our list of signs to consider when vetting a potential Bay Area divorce lawyer here.

How do You Pay for a Divorce Attorney?

Hiring an attorney can be a significant expense, especially if you’re going through a contentious divorce that includes a lot of legal wrangling. Luckily, there are ways to offset the cost of hiring a divorce attorney. Your local bar association may have a moderate means panel of attorneys’ that will take your case at a reduced rate.  If you own real property with equity an attorney may agree to use a Family Law Real Property Lein (FLARPL) to secure their fees and get paid when the property is sold or refinanced. Whatever avenues you pursue, be sure to carefully review your attorney’s retainer agreement so you know exactly what you’re getting into financially. 

Why Do you Need a Divorce Attorney?

Divorce is a legal process. It deals with the legal rights of people who are parting ways and requires the assistance of a legal expert to protect your interests and rights. Divorce attorneys are highly trained professionals who know what to expect and what to do during divorce proceedings. They know how to handle their client’s interests and can help you make the best decisions for your situation.

A knowledgeable professional can help you move through the divorce process with confidence and less stress. Divorce attorneys are also experts in navigating the legal system, which can be complex and confusing for someone who doesn’t regularly deal with it. A divorce attorney knows how to navigate the system effectively and efficiently and can help you get through the divorce as quickly and smoothly as possible.

How Long Does a Divorce Take?

This is a common question, and there’s no standard answer other than the fastest a divorce can be finalized in California is six months and one day from the date the Respondent is served with divorce papers. Most divorces take one to two years. The process can move as slowly as the slowest person moves in gathering documents and providing financial disclosures.  The amount of time it takes depends on a variety of factors, such as:

– How quickly can you and your spouse exchange financial disclosures and decide on and agree to the divorce terms.

– Whether there are issues with child custody or spousal support that requires the court’s intervention.

– Whether there are issues that require you to retain experts to value assets such as a business or property.

– Whether you have to go to court.

Whipple Mercado & Associates, LLP Can Help

No one ever said breaking up with a spouse was easy. It can be very difficult to decide when to end a marriage, so having a Bay Area divorce lawyer on your side makes all the difference. Please do not hesitate to reach out to Whipple Mercado & Associates with any questions you might have. You can contact us using our form here or call 925-344-5050 x3 for a free 30-minute consultation. We look forward to helping you.



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