Fresno Divorce Attorneys Representing Clients Throughout The San Joaquin Valley and Central CA 

Are you considering filing for a divorce but unsure where to seek help? The first step is to hire a Fresno divorce lawyer who will stand by your side throughout every part of the legal process while fighting to protect your rights.

Our dedicated team of legal professionals understands that no one likes the idea of filing for divorce, especially if children are involved. In most divorce cases, issues such as child support and child custody are a source of contention between the soon-to-be former spouses.

Our family law attorneys have extensive experience handling divorce proceedings and are committed to helping clients obtain favorable outcomes. Our legal professionals recognize that dealing with family law matters can be emotionally challenging. For this reason, our divorce attorneys treat clients with the care and compassion they deserve.

Our legal team takes time to learn what outcomes our clients wish to achieve and works to develop innovative legal strategies to help them achieve their goals.

We have assisted families in the Fresno area with divorce issues since 1992 and would be honored to help you with your legal needs. Contact our Fresno, CA, law offices today and ask to schedule a free initial consultation with a family law attorney.

What are the Most Contested Matters in California Divorces?

The most contested divorce issues are typically related to property division, child custody and support, and alimony. For more than two decades, our attorneys have helped our clients reach acceptable agreements and settlements regarding these issues and every other aspect of separation in California.

In a divorce, community property is divided equally. Under California law, community property is defined as all the assets earned or acquired in a marriage except for property received exclusively by one spouse as an inheritance or gift. Although dividing property sounds easy enough, figuring out who owns what can become complicated, especially if a separation is acrimonious. Protect your interests by working alongside an experienced divorce attorney who understands the legal nuances of property division. Our attorneys have comprehensive experience handling property disputes and will work diligently to help you obtain a fair settlement.

When a divorcing couple has children, California courts prefer joint custody, but you should always have your child’s best interest in mind. A noncustodial parent is usually granted visitation rights when one parent is awarded sole custody, although the court may require those visits to be supervised. When child support is determined, each parent’s earning capacity, the number of children involved, and other pertinent factors will be considered.

Alimony, also called spousal support, is determined by the length of a marriage, along with each spouse’s earning capacity, obligations, and responsibilities. However, it is not a given that one party in the marriage will be granted spousal support. Anyone who believes that spousal support may become an issue in their divorce should consult with a highly trained lawyer who will determine what legal options are available.

If you wish to obtain a divorce and are concerned about the highly contested issues that often accompany a divorce case, contact our Fresno, CA, divorce attorneys who can address your concerns. Our skilled attorneys can provide the legal guidance you need to make the process go as smoothly as possible.

What is the Difference Between Contested and Uncontested Divorce in California?

California is a no-fault divorce state, meaning that spouses are not required to file for divorce based on specific grounds or fault. Instead, spouses who wish to initiate a divorce must only state they have irreconcilable differences.

Because California is a no-fault divorce state, the state recognizes both contested and uncontested divorces. Spouses can file for an uncontested divorce if they agree on vital issues such as spousal support, property division, child custody, and child support.

If the couple cannot agree on even one issue that pertains to ending their marriage, such as child custody, then the legal process begins for a contested divorce.

A contested divorce takes considerably longer and involves more legal fees than an uncontested divorce. The average time for a contested divorce to be resolved can range anywhere from a few months to several years. Conversely, the average uncontested divorce can be as little as 6 months, with exceptions depending on the circumstances.

One of the first steps in resolving a contested divorce is for the couple to participate in mediation in the hopes of reaching a mutual agreement. If mediation fails to help the couple reach an agreement, the case will go to court, where a judge will make a decision on all divorce issues.

If you and your spouse cannot come to a mutual agreement, you will need a divorce lawyer who will fight to protect your interests and act as your legal advocate. We will professionally evaluate your case when you come to us for help to ensure we can help you begin the next chapter of your life. 

Tomassian, Pimentel & Shapazian will provide you with quality legal representation to ensure your voice is heard so you have the confidence to face the future.

How Can Mediation or Collaborative Divorce Make the Legal Process Easier?

Many individuals incorrectly use the terms mediation and collaboration synonymously. However, there are distinct differences between the two legal terms. Nevertheless, both mediation and collaborative divorce are practical non-litigation alternatives.

Mediation

The mediation process involves both parties meeting with a neutral third-party mediator who helps them negotiate and communicate effectively with one another. The mediator does not make decisions for the couple; instead, they guide them through conversations to work out conflicts amicably.

Many couples benefit from mediation services, which offer more flexible strategies for resolving tough issues. Mediation is also a more economical approach, as fewer individuals are involved in the negotiation process.

Collaborative Divorce

A collaborative divorce is a legal process in which spouses and their legal representatives work to resolve their issues without the need for expensive litigation. Before collaborative divorce proceedings, both parties must sign legal paperwork affirming they will be transparent and provide full disclosure of assets.

A team of professionals, including child and financial specialists, is usually involved in a collaborative divorce to ensure that numerous legal aspects are adequately addressed. However, just as with mediation, the primary objective of collaborative divorce is to facilitate mutually agreed-upon solutions.

Finally, one of the most significant benefits of the collaborative approach is that all details remain private.

If you are unsure which non-litigation alternatives are appropriate for your situation, contact our Fresno law office and ask to speak with a knowledgeable attorney who can evaluate your legal needs.

What Factors Does the Court Consider When Dividing Property?

If the spouses cannot agree on property issues, it may come down to a judge dividing the assets between them.

It is important to remember that state law defines “separate” property as any assets, property, or debt acquired before the couple was married. Additionally, any assets or inheritances acquired by one spouse during the marriage also qualify as separate property. Finally, any earnings gained from separate property or assets such as rental properties, stocks, and bonds do not qualify as community property.

Community Property

Community or marital property are assets acquired after the couple is married. Marital property may include assets, property, and debts. However, what once began as separate property may end up being considered community property in the following ways:

• A spouse had a pre-existing business that continued after the marriage but contributed to by both parties
• A pre-existing checking or savings account into which both spouses make deposits
• A home owned by one spouse before the marriage, but each party contributed to paying mortgage payments
• A pre-existing retirement account to which both spouses make contributions

Other factors that the court considers when dividing property include determining the financial value of all eligible assets. Once the value of all assets is determined, the court will divide them equally based on their net value. However, even though assets are divided based on value, this does not necessarily mean that each spouse will receive the same number of physical assets.

Finally, the judge will also evaluate all jointly owned debts so they can be equitably divided between both parties. If you need further clarification regarding California property division laws, contact our family law attorneys to schedule a free consultation to learn more.

How Do California Courts Decide Child Custody Issues?

If you and your spouse are going through a divorce and have minor children, you are most likely concerned about child custody issues. Just as with many other divorce issues, it is always best for parents to try and resolve their issues out of court. However, contentions can quickly arise when parents cannot agree on how to work out child custody issues and often need the court’s help.

California recognizes two types of child custody:

• Physical custody: Which parent the child resides with most of the time
• Legal custody: The legal right to make decisions regarding the child’s education, healthcare, and religious upbringing

In most situations, the child lives with one parent, and the other is granted visitation rights. However, California encourages parents to have joint legal custody, meaning that both parties ideally have an equal say in making important life decisions. Joint custody is usually considered best because it gives parents equal opportunity to participate in raising their children.

Nevertheless, parents should never forget that California courts will always rule in what they believe to be in the child’s best interests. Some of the other factors that are examined by the court when trying to decide child custody issues include:

• Each parent’s physical and mental health
• Each parent’s earning potential
• The child’s preference if they are at least 14 years old and mature enough to understand the outcome of such a decision
• Where either parent has a history of substance abuse, neglect, or domestic violence
• The willingness of each parent for the child to live with them
• The relationships the child shares with siblings or other family members
• The nature and amount of contact from each parent
• Any other factors that may be relevant to the case

In some instances, the judge will review all the evidence and rule that one parent should have supervised or no visitation.

Regardless of your circumstances, if you and your spouse cannot agree on child custody issues, you need a skilled divorce lawyer who will work to obtain an outcome that is in your family’s best interest.

Why Should I Choose Your Fresno Divorce Law Firm to Help Me With My Legal Matters?

Tomassian, Pimentel & Shapazian is a law firm with a proven track record of helping clients with their divorce-related legal needs. An aggressive attorney can assist you in reaching a fair settlement during a divorce. We are recognized as one of California’s most well-respected law firms, partly due to our lawyers’ honest approach to our clients.

When you work with one of our top lawyers from our Fresno family law firm, they will guide you through every step of the divorce process. Many of our past clients have recommended us to their families and friends who also need assistance with a difficult divorce.

With a combined 75 years of legal experience, the divorce lawyers of Tomassian, Pimentel, and Shapazian guide our clients through every step of the separation procedure. We answer your questions and concerns and handle every aspect of the divorce process. Our divorce attorneys represent clients in Fresno, Madera, Tulare, Kingsburg, and Hanford counties.

If you are seeking or anticipating a divorce or need legal advice or representation regarding any divorce-related matter, get the legal help you deserve and call Tomassian, Pimentel & Shapazian promptly.

The divorce lawyers of Tomassian, Pimentel & Shapazian also offer the option of proceeding with a collaborative separation through the Collaborative Law Practice Group. In collaborative divorce, couples may dissolve a marriage out-of-court with the respect and dignity their children deserve, along with themselves.

Our law firm offers flexible hours to ensure we meet your needs. We also return calls promptly. Tomassian, Pimentel & Shapazian serves clients in Fresno, Madera, Tulare, Kingsburg, and Hanford counties. Our staff speaks fluent Spanish and French, so do not let a language barrier keep you from getting the legal help you need. Call Tomassian, Pimentel & Shapazian today at 559-545-0383 or contact us online to arrange a consultation.