Yuba City Family Law

Divorce Attorneys Guiding Spouses in Yuba City and Surrounding Areas

Yuba City divorces are handled through the Sutter County Superior Courthouse, a modern facility opened in 2016 and located in Yuba City at the City Hall complex. There are two family law judges in the Sutter County Superior Court. At Hinely Law, our Yuba City family law lawyers regularly practice in this court system and are equipped to handle your divorce proceeding efficiently and effectively.

Ending a Marriage by Divorce or Annulment

California is a "no-fault" divorce jurisdiction. A spouse can obtain a divorce on the ground of "irreconcilable differences," which is the assertion that the marriage partners cannot live in harmony. Even if one spouse disagrees and wants to stay married, the complaining spouse will be able to obtain a divorce on this basis. Other issues related to the divorce, such as child custody, child support, property division, and spousal support, must be resolved in an agreement between the spouses or in a trial. To begin the process, one spouse must file a complaint and pay a filing fee. The responding spouse must answer the complaint and has the option of working with the other spouse to come to an agreement on the issues or bring the issues to trial for a family law judge to decide.

An annulment can be granted to end a marriage on the ground that the marriage never existed. Some conditions that make marriages invalid are age (under 18), mental incapacity (that is, an inability to understand the obligations of marriage), a prior valid marriage (bigamy), physical incapacity (the inability to consummate the marriage), incest, fraud, and force. There are strict time limitations on the annulment procedure, so it is best to seek legal advice from a family law attorney in the Yuba City area if you are considering an annulment.

Legal Separation

A legal separation is similar to a divorce with regard to dividing assets, awarding custody of children, and awarding spousal and child support. The difference is that the parties remain married in a legal separation. They have only divided assets and households and decided issues of custody and support.

Child Custody and Child Support

Child custody is often a major issue that must be resolved when spouses have young children. Parents often agree to a parenting plan that includes a custody and visitation arrangement. This plan can be worked out with the assistance of lawyers, by the divorcing spouses without assistance, or through formal mediation. If the parents cannot agree on custody and visitation, the unresolved issues will be litigated in family court in a trial before a judge. Our Yuba City family law attorneys can help you write an agreement, advance your case through mediation, or litigate your child custody and visitation matter.

The non-custodial parent is usually ordered to pay monthly child support payments. Child support amounts are determined according to California state guidelines, unless there is a sufficient reason to deviate from the guidelines. Each case is different, and there may be overlooked circumstances in your case that would call for a deviation from the guidelines.

Property Division

California uses the community property standard for dividing marital property in a divorce. Property acquired during a marriage is presumed to be marital property that must be divided evenly in a divorce proceeding. Property that belonged to one spouse before the marriage is separate property that remains the sole property of that spouse upon a divorce.

Contact a Family Law Lawyer in the Yuba City Area

The hard-working family law lawyers at Hinely Law have lived and worked in the Yuba City area for many years. We are veterans of the Sutter County family court, and we are dedicated to serving your needs in one of life's most difficult times. We take a personal approach when dealing with clients and a professional approach when working to resolve legal issues with opposing parties amicably and conclusively. Call Hinely Law at 530-458-2950 or contact us online for a free consultation about a family law matter. We are also available to help if you need a DUI lawyer or representation in fighting a criminal charge.