Roseville, CA Divorce Attorney

Experienced Divorce Lawyer Serving Placer County

The last thing anyone should have to deal with when a relationship is ending is legal complications. By turning to the Law Offices of Evan Samuelson, you can have a team of professionals on your side every step of the way.

Attorney Evan Samuelson focuses solely on divorce and family law. He successfully negotiates the majority of his clients cases without the necessity of trial, but is prepared to fight for his clients interests in court when needed.

Definition of Divorce in California

Divorce has been defined as, "The final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties."

Divorce Statistics

According to statistics released by the Centers for Disease Control and Prevention, the United States divorce rate (factoring in 44 states and the District of Columbia) is 2.9 per 1,000 people as of 2017.

According to the U.S. Census Bureau, in 2008, 8.3% of California men divorced and 9.9% of California women divorced. Some report that the California divorce rate is currently at 75%, making California the "Divorce Capital of the World."

The Divorce Process in California

Divorce and legal separation cases start with one spouse, known as the petitioner, filing a petition with the court and delivering a copy of the petition to the other spouse, referred to as the respondent. The divorce or legal separation will end by trial or by the spouses entering into a marital settlement agreement, depending on the type of divorce they want to pursue.

In between the filing of the petition and the end of the case, many things can happen. The spouses can ask the judge to make temporary orders on child custody, visitation, child support, spousal support, and other aspects of the divorce until things are finally resolved.

What Is Admissible Evidence in Family Court?

In family court, admissible evidence is any kind of tangible evidence that can help prove your point in a case. This can include testimonies, documents, photos, videos, and other forms of physical or digital evidence. Because divorce can affect finances, living arrangements, schedules and children, it is advised that you do not go through this process alone. You need legal counsel and representation from a lawyer on your side! You can read frequently asked questions about divorce on our site as well.

If you and your current spouse are going through a divorce, then it is important to understand the issues and the specific process involved. Spouses will be required by law to fill out and provide one another with the "declarations of disclosure," which is where they list all of their assets and debts. They will also be required to discuss their income and expenses. The purpose of this process is to fully elaborate on what is important to each individual. Through this and each other phase of the divorce process, my firm can help you fight for your rights.

How Much Does A Divorce Cost?

This is a common question, but it is not one easily answered. There are quite a few different ways to handle a divorce. The least expensive way to handle a divorce is to do it yourself, prepare a marital settlement agreement, and have your spouse sign it. There are paralegals, document preparers, and attorneys which will help you process your own divorce for low fees. My office offers services for uncontested divorces, that is, divorces in which you and your spouse agree on everything from the beginning.

Is Uncontested Divorce Right for Me?

However, this may not be the most appropriate way to handle your divorce. Sometimes people sacrifice important rights, such as property rights, or spousal support rights, just so they can handle their divorce inexpensively, via an uncontested divorce fixed feel plan. It's like trying to shove the proverbial square peg into the round hole. It is true that one must always watch costs. It makes no sense to spend thousands of dollars in legal fees to fight over a TV, no matter how nice of a TV it is. By the same token, waiving your right to spousal support just so you can appease your spouse and get him or her to agree to a fixed divorce may not be the best idea. It may cost you more in the long run.

How to Minimize Costs in Divorce

Other ways to keep costs down, but not necessarily compromise your rights is to simply consult with a family law attorney. You can do the divorce yourself, but ask an attorney for advice on key points: How much spousal support should you get; how much child support should you get; what should you do with the house and the retirements. Divorce attorneys typically charge by the hour, but hiring an attorney on a consulting basis can keep the cost down.

Limited Scope Divorce Representation in Roseville

Limited scope is also becoming more common in divorce and family law cases. Perhaps you've prepared and filed your own motion for child support, but are uncomfortable showing up to the court hearing on your own, especially since your spouse has hired an attorney. You can hire your own attorney on a limited scope basis, just to handle the child support hearing for you, for example. Theoretically, the scope can be as narrow or as wide as you and the attorney agree. The scope can be just this one hearing on child support, or it can be everything having to do with child support. Depending on the scope, the costs for handling a particular family law or divorce issue can be better controlled.

How Our Experienced Roseville Divorce Attorney Can Help

In deciding which path to take, the key thing to ask yourself is what is at stake? What's the cost versus the benefit? If you have been married for only a couple of years, there's probably not a lot to fight over in terms of spousal support and community property. On the other hand, if yours is a long term marriage, you and your spouse have accumulated a lot of property, there's a lot more at stake. If you and your spouse have no children, at least not with each other, that makes the divorce simpler because child custody and child support won't be an issue. If you have children, then you must ask yourself how likely is it that you and your spouse will agree on a custody and visitation schedule? Depending on your answer to these questions, maybe you can resolve your divorce case with an uncontested divorce, or maybe you need an attorney to handle your entire case from top to bottom, or maybe you can take a path that's down the middle between those two choices.