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DIVORCE OAKLAND

Helping You
Start Fresh
In Oakland

DIVORCE OAKLAND

Helping You
Start Fresh
In Oakland

Divorce in Oakland

Divorce is a difficult and often painful experience for couples in Oakland to endure. Not only does it involve the split of two people, but also the splitting of assets and custody rights for any children that may be involved. One of the most difficult aspects of divorce is navigating the legal process. There are many different steps along the way, and each can have a major impact on your case. For example, who will pay back alimony payments? What about childcare arrangements? How do you start over after divorce? We are here to answer all of your questions and provide information on how to proceed with a divorce case in Oakland California.

 

At Modern Family Law, our experienced and compassionate Oakland divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome.

 

The legal process of divorce can be difficult and often confusing. The more you understand the legal process of divorce, the better prepared you will be for what is to come.

 

When getting a divorce, there are many steps that must take place before your case is finalized. Our experienced Oakland divorce attorneys are prepared to listen to the specifics of your case, guide your expectations, and help you prepare for the future.

What Are The Legal Grounds For
Divorce In Oakland?

California is a “no-fault” divorce state. This means that the spouse or domestic partner in Oakland that is seeking the divorce is not required to prove that the other spouse or domestic partner has done anything wrong.  To get a no-fault divorce, one member of the divorcing party has to state that the couple can no longer get along and there is no means of saving their relationship. Legally, this is known as “irreconcilable differences.”

 

Once you have come to the decision to end your marriage we advise that you plan your case ahead of time. Think about how you are going to handle your case and what your goals are. Planning before you start and speaking with an experienced divorce lawyer can save you time and money as you navigate the court process.

 

The most common way a divorce becomes a financial burden is by engaging in unmanaged, unreasonable, conflict with your spouse. Most high-conflict cases are created early on in the life of the case. Someone says something they can never take back, or makes a false allegation out of fear and a case is quickly heading down a path of no return. Small mistakes, or misunderstandings at the start blossom into new fights and arguments. That’s why we work hard with our clients, from the beginning, to be sure we take those opportunities to avoid the path to a high-conflict case.

Schedule Your Free Consultation!

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Calculators


Divorce in Oakland

At Modern Family Law, our experienced and compassionate Oakland divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. When getting a divorce, there are many steps that must take place before your case is finalized. Our experienced Oakland divorce attorneys are prepared to listen to the specifics of your case, guide your expectations, and help you prepare for the future.

What Are The Legal Grounds For
Divorce In Oakland?

California is a “no-fault” divorce state. This means that the spouse or domestic partner in Oakland that is seeking the divorce is not required to prove that the other spouse or domestic partner has done anything wrong.  To get a no-fault divorce, one member of the divorcing party has to state that the couple can no longer get along and there is no means of saving their relationship. Legally, this is known as “irreconcilable differences.”

 

Once you have come to the decision to end your marriage we advise that you plan your case ahead of time. Think about how you are going to handle your case and what your goals are. Planning before you start and speaking with an experienced divorce lawyer can save you time and money as you navigate the court process.

 

The most common way a divorce becomes a financial burden is by engaging in unmanaged, unreasonable, conflict with your spouse. Most high-conflict cases are created early on in the life of the case. Someone says something they can never take back, or makes a false allegation out of fear and a case is quickly heading down a path of no return. Small mistakes, or misunderstandings at the start blossom into new fights and arguments. That’s why we work hard with our clients, from the beginning, to be sure we take those opportunities to avoid the path to a high-conflict case.

Schedule Your Free Consultation!

View Our Texas
Calculators


Our Attorneys Are Ready To Listen

Our experienced divorce attorneys in Oakland have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

How To File For Divorce in Oakland?

When it comes to filing for divorce in Oakland, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced Oakland divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below. Keep in mind that there are many forms to fill out throughout the court process, and it can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.

1. Meet The
Residency Requirements

In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of six months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Alameda County, one spouse must have also have resided in the county for at least three months. Filing in the wrong county will result in the dismissal of your case.

2. Fill Out
Your Court Forms

You will need to complete a Petition of Divorce form as well as any other relevant divorce forms to your case. It is very important to be accurate and complete with these forms so that they accurately reflect your position. This is especially important if you think you and your spouse are likely to disagree about the issues the forms ask you about. If you are already aware of the forms you need, you can access them from the button below.

3. File At The
County Clerks Office

Take the signed forms to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Alameda County, you will go submit your forms at the Hayward Hall of Justice located at 24405 Amador St, Hayward, CA 94544.

4. Serve The Papers
To Your Spouse

Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers. To serve your papers, you will have to find someone 18 or older (NOT you) to deliver a copy of your papers to your spouse or domestic partner. Once you serve your spouse or domestic partner with copies of your papers, you must show the court that you completed this step by having them complete a proof of service summons. More information can be found here.

5. Complete Your
Financial Disclosure Forms

California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. To do this, there is a set of forms you have to fill out and exchange. This is called “disclosure.” It is important to note that you can provide your financial disclosures at the same time as your petition if you wish, but NO LATER than 60 days after filing your petition.

6. Wait 6 Months
For Divorce To Be Finalized

In Oakland, from the time you initially file for divorce, there is a six-month waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed after the waiting period has passed, the judge can sign the final judgment without either spouse having to appear in court if all of the documents are completed correctly. Once a judge has signed your final judgment your divorce is legally finalized.


Have Questions, Reach Out!

Our experienced divorce attorneys in Oakland understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed! 


How To File For
Divorce in Oakland?

When it comes to filing for divorce in Oakland, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced Oakland divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below. Keep in mind that there are many forms to fill out throughout the court process, and it can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.

1. Meet The
Residency Requirements

In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of six months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Alameda County, one spouse must have also have resided in the county for at least three months. Filing in the wrong county will result in the dismissal of your case.

2. Fill Out
Your Court Forms

You will need to complete a Petition of Divorce form as well as any other relevant divorce forms to your case. It is very important to be accurate and complete with these forms so that they accurately reflect your position. This is especially important if you think you and your spouse are likely to disagree about the issues the forms ask you about. If you are already aware of the forms you need, you can access them from the button below.

3. File At The
County Clerks Office

Take the signed forms to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Alameda County, you will go submit your forms at the Hayward Hall of Justice located at 24405 Amador St, Hayward, CA 94544.

4. Serve The Papers
To Your Spouse

Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers. To serve your papers, you will have to find someone 18 or older (NOT you) to deliver a copy of your papers to your spouse or domestic partner. Once you serve your spouse or domestic partner with copies of your papers, you must show the court that you completed this step by having them complete a proof of service summons. More information can be found here.

5. Complete Your
Financial Disclosure Forms

California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. To do this, there is a set of forms you have to fill out and exchange. This is called “disclosure.” It is important to note that you can provide your financial disclosures at the same time as your petition if you wish, but NO LATER than 60 days after filing your petition.

6. Wait 6 Months
For Divorce To Be Finalized

In Oakland, from the time you initially file for divorce, there is a six-month waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed after the waiting period has passed, the judge can sign the final judgment without either spouse having to appear in court if all of the documents are completed correctly. Once a judge has signed your final judgment your divorce is legally finalized.


Have Questions, Reach Out!

Our experienced divorce attorneys in Oakland understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed! 


Frequently Asked Questions About Divorce in Oakland

How much does a divorce cost in Oakland?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a divorce attorney in Oakland. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in Oakland?

Yes, California and Alameda County both have a residency requirement in order to file for a divorce. In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Alameda County, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.

Is there a required waiting period for getting a divorce in Oakland?

Yes, there is a mandatory waiting period required by California law stating that no couple can get divorced faster than 6 months.

Frequently Asked Questions About
Divorce In Oakland

How much does a divorce cost in Oakland?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a divorce attorney in Oakland. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in Oakland?

Yes, California and Alameda County both have a residency requirement in order to file for a divorce. In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Alameda County, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.

Is there a required waiting period for getting a divorce in Oakland?

Yes, there is a mandatory waiting period required by California law stating that no couple can get divorced faster than 6 months.

Experienced Oakland Divorce Attorneys

Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. 

 

The best way to know what you’re getting into with divorce is to be prepared. Being well-informed about the process will help you make better decisions and lessen any surprises that might come up during your case. Consult with one of our Oakland divorce attorneys to go over the specifics of your case and to ensure you are making the right decisions.

 

We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your consultation.

 

A divorce is a life-changing event. It can take a lot of time and mental energy to move on from the past. You may be struggling with the decision to end your marriage, as well as wondering what your future will look like. The first thing you want to do is gather as much information as possible about the divorce process in Oakland. Then, it’s time to start working on yourself by getting back into a routine and starting fresh.

Our Oakland Office Location

Additional Divorce Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Experienced
Oakland
Divorce Attorneys

Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. 

 

The best way to know what you’re getting into with divorce is to be prepared. Being well-informed about the process will help you make better decisions and lessen any surprises that might come up during your case. Consult with one of our Oakland divorce attorneys to go over the specifics of your case and to ensure you are making the right decisions.

 

We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your consultation.

 

A divorce is a life-changing event. It can take a lot of time and mental energy to move on from the past. You may be struggling with the decision to end your marriage, as well as wondering what your future will look like. The first thing you want to do is gather as much information as possible about the divorce process in Oakland. Then, it’s time to start working on yourself by getting back into a routine and starting fresh.

Our Oakland
Office Location

Additional Divorce
Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Meet Our Team Of Experienced
Oakland Divorce Attorneys

Oakland Family Law Attorney Diane Nguyen

Diane Nguyen
Managing Attorney
Oakland, CA

Oakland Family Law Attorney Riena Yu

Riena Yu
Associate Attorney
Oakland, CA

San Jose family law attorney Holly Gutkovsky

Holly Gutkovsky
Senior Attorney
San Jose, CA

San Jose Family Law Attorney Jenna Gottlieb

Jenna Gottlieb
Associate Attorney
San Jose, CA

San Jose Family Law Attorney Jalyn Mitchell

Jalyn Mitchell
Associate Attorney
San Jose, CA

See What Our Customers Are Saying About Our Divorce Attorney’s In Oakland

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Divorce in Oakland

6 Questions to Ask Before You Get Divorced

Questions to Ask Before You Get Divorced

If you’re considering a divorce, take a step back and think about the major factors involved before finalizing your decision. Here are 6 questions to ask yourself prior to pursuing a divorce.

Easing the divorce process with family law attorneys

10 Steps to Easing the Divorce Process

Divorce can be one of the most difficult times in your life.  Here are 10 steps that you can take to help you navigate through the divorce process and prepare for a fresh start.

divorce lawyers

7 Things Not to Do During a Divorce

There are several behaviors that couples engage in that quickly draw the ire of a judge in a divorce situation. Learn about the top 7 you should avoid keeping a judge in your good graces.


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