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Santa Rosa Divorce Attorney: Services We Provide

As a divorce attorney, Santa Rosa-based family divorce lawyer and firm owner Lindsay Torgerson understands the difficulties of ending a marriage. Lindsay has been through her own divorce and is an adult child of divorce.

At Wine Country Family Law, P.C., our Santa Rosa divorce lawyers realize that meeting with a divorce attorney is likely the last thing that you want to do.

But you should not let your apprehension prevent you from obtaining the legal advice and guidance when you need it most.

We are here to help get you through it, starting with our initial consultation of up to one hour in our Santa Rosa family law office, by phone, or by video conference.

Our goal is to assist you to divorce or separate in a collaborative manner while maintaining healthy relationships and protecting the interests of your children, where applicable. However, where collaboration is not an option, our Sonoma County divorce attorney is prepared to vigorously litigate to protect your important legal rights under the family law code.

Sonoma County / Santa Rosa Divorce Services

Our divorce attorneys have the experience to guide Sonoma County family law clients through:

When practical, our Santa Rosa divorce lawyers strive to resolve issues without costly court intervention, saving our Santa Rosa, Rohnert Park, Windsor, Sebastopol, Healdsburg, and Petaluma divorce clients’ time and avoids undue stress.

Please check out our client reviews to see for yourself what our clients have to say about us. It’s our commitment to providing exceptional legal services in a friendly manner that sets us apart from the pack! Learn more about our Family Divorce Lawyer, Santa Rosa office services.  Wine Country Family Law, P.C. is proud to be a LGBTQI friendly family law and divorce firm.

Divorce in Santa Rosa, California

Divorce is a possibility for any married couple, and despite couples’ best efforts to work things out, we understand that marriages reach a point that needs an end. Even though many couples have various reasons for pursuing divorce, the pain involved in ending a relationship is always incredibly difficult. That’s why we’re here to help. Ending a legal marriage carries a host of issues to figure out, from custody and child support to property division and alimony.

With the help of one of our divorce attorneys, you can navigate the challenges of divorce while keeping your mental health and self-esteem intact. Our team has helped many people get through divorce with as little stress as possible. Learn more about our services below, and when you’re ready to take the first step, call Wine Country Family Law at 707-669-0841.

An Overview of California Divorce

While the statistic that 50% of marriages end in divorce is often touted as an absolute truth, the fact is that divorce rates vary widely between geographic locations, ages, and socioeconomic levels. In California, 6.7 marriages per 1,000 women ended in divorce in 2020. That’s a significant decrease from the rate of 9.9 in 2018.

In Sonoma County, there were 2,785 marriages and 2,177 divorces in 2010 for a divorce-to-marriage ratio of 0.78. This is in line with the data for neighboring counties, but significantly different from Napa County’s ratio of 0.35.

What You Need to Know When Getting Divorced

Throughout the divorce process, you’ll learn about yourself, your ex-partner, and what you want out of life. It can be a difficult and draining time, but we are here to help you get through it and minimize your stress levels. As you begin the divorce process, keep these tips in mind:

  • Know your financial standing. Many people encounter unpleasant financial surprises as they start cataloging their assets and debts, leaving them on far more shaky footing than they anticipated. As you head into this process, ensure that you have a comprehensive budget and a detailed knowledge of how much debt you have. This information will also be necessary when filing divorce paperwork, so this gives you a head start.
  • Yes, you should hire an attorney. Perhaps you and your ex-partner are currently on amicable terms, willing to compromise and do what’s right to end the marriage. However, as sad as it can be to admit, these situations can change in a moment. Regardless of how agreeable or adversarial your specific divorce is, it’s important to have a legal representative who can help you understand your options, figure out how different decisions will impact you long-term, and make the best choices for you and your family.
  • Decide what you want in terms of custody, asset division, and spousal support. Do so with an open mind. You may not end up with everything you want in the divorce process, but knowing what you do want makes it easier to start figuring out where you are willing to compromise.
  • It isn’t wise to make rash decisions. This is a time for heightened emotions and mental exhaustion. Rash decisions to fight for sole custody despite both parents being good parents, hiding money, or moving across the country are not recommended. Any big decisions can wait until the divorce process is over.
  • The process may take longer than you expect. At a minimum, the divorce will not be finalized until six months after the other party is served with documents stating the other partner has filed for divorce. That is the bare minimum. It will likely take longer to negotiate different issues and come to agreements that work for all involved parties.

Options to Consider

Before you jump in with both feet and file your divorce paperwork with the court, make sure you know which divorce option is best for you and your family. While a standard divorce may be the best choice for you, take a few minutes to consider these other options as well:

  • Nullity judgment (more commonly known as Annulment). This option, rather than terminating the marriage, makes it as if the marriage never legally existed. It is only available in a narrow set of circumstances, including incapacity, force, fraud, unsound mind, prior existing marriage, bigamy, incest, or an underage spouse.
  • Legal separation. In a legal separation, you and your ex-partner live separate lives without a waiting period. This is an option for those whose religious beliefs forbid divorce or those who want a trial period to figure out if divorce is the right option. Many spouses select this option when one spouse may have difficulty obtaining health insurance as an unmarried person.
  • Summary dissolution. Couples who have no children together, have been together less than five years, and have limited debt and assets may qualify for a summary dissolution. This is perhaps the easiest and quickest option. However, for most clients we assist, this is not an option due to its limitations.

When Children Are Involved

If you have children, custody and support is likely the most painful and emotionally charged part of the divorce process for you. You want to do what is best for your children without giving up your own rights and opportunities, but you know that you need to have a healthy co-parenting relationship to benefit your children.

In marriages involving children, there are several additional issues that must be discussed and agreed upon. Spend some time thinking about what you would consider positive outcomes for:

  • Physical custody and visitation. This refers to how much time the child spends with each parent. In some divorce cases, this is simple. The parents each get 50% of the time with their child and coordinate on holidays. In others, both parents want primary or sole physical custody and are willing to fight long and hard to get it.
  • Legal custody. Legal custody is the right to make decisions on important issues for your child, such as where they go to school and what medical care they receive. In many situations, legal custody is shared. However, it may go to one parent if the other has proven to make unsafe decisions regarding their child’s needs.
  • Child support. Child support agreements acknowledge the fact that a child has the right to support from both parents. While California uses a standard formula to determine child support, the amount and frequency can often be negotiated between divorcing spouses.

Divorce and LGBTQIA+ Families

In general, the same issues that relate to heterosexual divorce are also relevant in LGBTQIA+ divorces. However, there are some circumstances that may be slightly different in your divorce.

First, much depends on whether or not you are legally married. With same-sex marriage legally recognized in the United States, many couples have turned long-time unions into legal marriages. However, if not, any commingled property and debts could be much more difficult to divide than in a legally recognized marriage.

Another issue to consider is children within the marriage. If all parents are the child’s legal parents, whether through biology or adoption, then the process of determining custody and child support is similar to that of heterosexual divorce.

The situation is more complicated if a non-biological parent of the child never legally adopted them or if only one parent legally adopted the child. In these cases, the person who did not legally become the child’s parent (either through birth or adoption) may not have any custody rights during the process. This is a serious matter that must be discussed with your divorce attorney, as the sudden loss of a child or parental figure in an individual’s life can have lifelong repercussions.

Divorce Involving Multiple Estates

When the divorcing couple only owns one home, the asset split can go a few different ways. Perhaps neither party wants to keep the house, so the house is sold and the profits are divided. Perhaps one person wants to keep the house and they buy out the other party. Maybe both parties want to keep the house, and ownership must be negotiated.

Matters are further complicated when the family owns multiple properties. If one party owned the home prior to the marriage and never used community money to pay for or upkeep the house, the property will likely remain solely with the initial owner. When both parties own multiple pieces of property, though, you have to look at when they were acquired, what income sources were used to acquire them, who put money or improvements into each property, who is able to maintain the property and continue making payments, and the value of each home. This takes a long time. Rushing this process can lead to serious under or overvaluation of your rights to the property, harming one or both parties in the process.

This all relates to the division of community property. How do you fairly divide houses of differing values and locations while still remaining fair to both parties? Depending on the preferences of the involved parties, it may be best to sell all the properties and split the proceeds or to decide who keeps which property. This often comes down to whether or not each property has sentimental or commercial value to one of the people in the divorce.

Concerns to Think About in Your Income Level

Divorce needs vary between different income levels, particularly in a state like California, where the cost of living tends to be significantly higher than in other parts of the country.

Californians whose income falls near the median income level (changes yearly) would likely have a fairly straightforward division of assets during divorce. At the median income level, most people’s earnings come from a standard hourly wage or salary, rather than from stocks or bonuses. This makes it fairly easy to assess each party’s earnings for support purposes and to divide assets.

Divorces involving higher income levels, however, are often far more complex. A significant portion of income may be coming from bonuses and other sources, which can present many challenges when settling divorce matters.

Asset division becomes more complicated if it involves things like stock options, deferred compensation or complex investments. Alimony can also be challenging to calculate or award, as these income sources may not be considered consistent and reliable sources of income.

However, this income must still be accounted for in some way during divorce. At higher income levels, it’s likely that the couple shares a family home. The home’s fate rests largely on whether either party can afford it alone and whether either party wants it.

When divorces involve extremely high earnings, ensuring fair asset distribution may require extensive negotiation and compromise. Very high income earners often own substantial real estate, stock portfolios, cryptocurrency,  retirement accounts, pensions, and unique assets. Some of these assets may not have immediate liquid cash value, but they usually do have significant value.

For example, let’s say that you and your spouse share the following:

  • A business valued at $5 million
  • A family home worth $2 million
  • Savings, vehicles and other property worth $3 million

In this case, your spouse may be given sole ownership of the business, and you may be given the family home, savings, vehicles and other property. Although it may appear that you are getting more than your spouse, the total value of each spouse’s assets would be equal.

Of course, this is a simplified example. In the real world, the process would likely be far more complicated and emotionally charged. Working with a lawyer experienced with complex and high-net-worth divorces is key.

How a Family Business Can Complicate Divorce

You and your ex-partner went all-in on a family business, hoping to chase your dreams and provide for future generations. While a family business can become a cornerstone of the community, it can also quickly become a liability during divorce. If both parties can remain professional while handling business matters, the business may survive a divorce; if the business becomes a tool to use against each other when they split, the business can quickly lose value.

In California, a business is defined as either community property or separate property. If only one party has a stake in the business—for example, if one person had ownership prior to the marriage and never shared it with their partner—they may keep it after the divorce. However, if both parties began the business together, contributed funds to it, or used the proceeds from the business, it will likely be considered community property. Another situation involves an inherited family business. An inheritance is considered separate property, even if one partner took ownership during the marriage.

While couples can continue to co-own a business after divorce, it is rare. It’s more likely that one person will buy out the other and continue running the business, while the second person will use the proceeds to start their own business or return to conventional employment. It’s also possible to sell the business, allow both parties to get a fresh start, and split the proceeds.

High Net Worth Divorce Cases

Couples with a high net worth often have income from multiple sources, including ownership in multiple businesses, real estate, investments, retirement plans, executive compensation plans such as stock options (or RSUs), and valuable personal property.

In this context, ensuring the fair division of assets and determining whether spousal support should be awarded (and how much) can be extremely complicated.

Property Division

When it comes to property division, one of the first steps to ensuring equal division is to determine the value of your assets. The process will typically involve hiring an appraiser, actuary or accountant who can accurately estimate the value of your assets and prepare a valuation report that can be presented in court.

Having a clear picture of the value of your assets will be crucial. In California, spouses have a 50% interest in whatever property was acquired during the marriage (community property). Unless otherwise agreed, the division must be equal (50/50) based on value, so having accurate appraisals will be key.

Still, certain assets can complicate things. Their values may fluctuate over time, so what may be a fair division today may not necessarily be fair in the future. Tax implications must be considered, as well.

For this reason, it’s important to work with an attorney who will advocate for your best interests.

Spousal Support

In high-net-worth divorces, spousal support may also be awarded. Support may be:

  • Temporary. Spousal support may be ordered on a temporary basis until your case is final. Often, support will be 40% of the higher-earner’s net monthly income minus 50% of the lower-earning spouse’s net monthly income.
  • Permanent. If spousal support is ordered at the end of the case (e.g., in a Judgment), this is considered a permanent support order. Permanent orders are more common in long marriages and when one spouse earns significantly more than the other. The amount and length of support will depend on a variety of factors, including but not limited to: the length of the marriage, standard of living during marriage, earning capacity, incomes of both spouses, and the age and health of both spouses.
  • Paid in a lump sum. For some couples, lump sum spousal support, known as spousal support buyout, can be a beneficial arrangement. In this case, the higher-earning spouse pays the entire amount of forthcoming monthly payments as a single payment. An arrangement such as this must be approved by the court, and great care must be taken to determine the settlement amount.

It’s important to remember that permanent spousal support orders aren’t necessarily “for life.” There are many instances that can trigger the end of payments, and these instances can be outlined in an agreement between both spouses.

A high net worth divorce has many considerations and complications. Working with a lawyer who has experience handling complex divorces will help ensure that your interests are protected.

Five Steps to Take When You Want a Divorce

You’ve reached the point where there is no going back. You don’t want to spend any more time trying to force an unsalvageable marriage back to life. We understand that feeling, and we know that once you’ve made that decision, you want to get started as soon as possible. When you have decided that divorce is the solution for you, take these five steps to get started:

1. Gather financial documents and other paperwork. The division of assets is one of the most pressing issues in a divorce. While you wait for a divorce to become final, it’s likely that you’ll still need money from your community property to take care of your obligations. This documentation can help you ask for temporary alimony or child support if the situation calls for it. You should also ensure that you have birth certificates, Social Security cards, passports, and other documents close at hand. Once your spouse finds out you want a divorce, they could lock you out of your bank accounts or prevent you from getting these important documents.

2. Make a rough list of community and separate property. Ideally, you should be able to trust your partner to come to divorce negotiations in good faith. It’s always best to plan for the worst-case scenario, though. Upon finding out that you are going to leave, your spouse could begin giving away, hiding, or selling assets to prevent you from taking ownership of them. Create a list and consider taking pictures of high-value and/or important assets you own to ensure that they are discussed during divorce proceedings. If they somehow disappear, you’ll have evidence that they exist.

3. Jot notes about what you hope to get out of the divorce arrangement. This is particularly important if you have children, since custody is often a top priority for divorcing parents. Before you meet with your attorney, you should know what your ideal divorce agreement looks like and what your goals are. Come up with a general idea of what that entails but do so with the knowledge that you are unlikely to get everything you ask for. However, this is a great starting point for negotiations. You want a clear picture before you meet with your attorney so you can find out if they’re a good fit for your goals.

4. Make a pledge to keep divorce talk off of social media. Social media posts can haunt you during a divorce, particularly if you sling mud at your ex-partner or make false negative statements about them. Aim for this: no one who digs into your social media should even know you are going through a divorce or notice a change in your relationship status (or, even better, simply hide your relationship status). And, while you’re at it, change your passwords if there’s any chance your spouse may have access to your accounts.

5. Schedule an appointment with a divorce lawyer. You do not have to do this alone—and even if you think you can, you likely won’t want to. Divorce is incredibly mentally draining, and the legal tasks associated with it are many. You need a proven and trusted advocate who will fight both aggressively and intelligently for what you want.

Divorce FAQs

How Is Property Divided in a Divorce in California?

There are two different types of property that will be considered in your California divorce: separate property and community property. Separate property includes any assets or debts that you own or owe individually. Typically, separate property is acquired before a marriage or after separation. Community property, on the other hand, refers to all of the assets and debts acquired during the marriage.

Section 2550 of the California Family Code requires the equal division of community property during a divorce. In other words, each spouse is entitled to 50% of the community property. To equally divide property in a divorce in California, the first step is to disclose all assets and debts and determine which items are separate and which items are community property.

Then, monetary value will be assigned to all property. For some assets and debts, this can be quite straightforward. For items such as businesses or investment portfolios, the process of valuing the assets can be more difficult. After all property has been assessed and valued, it will be divided using a 50/50 split unless the spouses agree otherwise.

What Is the Process For Filing for Divorce in California?

While the process of filing for divorce in California may vary depending on your unique situation, there are specific steps involved in the majority of cases. Two documents are required to initiate a divorce in the state, namely a Petition and a Summons. There is an additional form for families with children.

Once you complete the necessary forms, you will file this paperwork with the appropriate court and pay the filing fee. After filing your forms with the court, you will be required to serve your spouse with the divorce papers. A third-party should be used to serve your spouse, and it is possible to serve your spouse even if they live in another country or if you do not know their physical location.

After being served with divorce paperwork, your spouse has thirty days to respond. If they do not respond, the divorce may proceed uncontested. If they do respond, you will begin negotiating all matters related to property division, child custody and support, spousal support, and any other relevant issue in your divorce.

How Long Does It Take to Get a Divorce in California?

Getting a divorce in California takes a minimum of six months. This is set forth in Section 2339(a) of the California Family Code, which states that spouses cannot legally complete their divorce until six months have passed from the date in which the divorce papers were served. Of course, if the couple is unable to reach an agreement regarding key matters of their divorce, the process can take much longer.

Can a Parent Move Away with a Child After a Divorce or Separation in California?

Yes, it is possible for a parent to move away with a child after a divorce or separation in California. In general, a parent can move away with a child if:

  • Relocating will not interfere with current orders for custody and/or visitation
  • The other parent is given notice of the move

If a parent wants to move away to a location that is far away and impacts the current custody and/or visitation agreement, that parent must first seek court approval. When determining whether to grant the relocation order, a judge will consider the distance of the relocation, the current custody arrangement, the parents’ relationship, and the age of the child. Typically, parents with sole custody have a better chance of receiving court approval for a move. It is important to note that moving away without first obtaining court approval can have serious legal consequences.

How Does a Divorce Affect Taxes in California?

When navigating divorce, it is important to understand all tax implications that may be involved. Since the majority of property transfers as a result of divorce do not result in a net gain or losses, there are generally no serious or immediate tax consequences associated with the property division aspect of a divorce. If one spouse decides to sell property that they received in the divorce, however, they may owe capital gains taxes based on the difference in value of the property.

There are, however, tax considerations when it comes to spousal support. On the federal level, spousal support treatment underwent significant changes with the introduction of the Tax Cuts and Jobs Act.

For orders or judgments completed on or after January 1, 2019:

  • The paying spouse cannot deduct support payments on federal income taxes. However, these payments can be deducted on state income tax
  • The spouse receiving support does not have to report support payments as income on federal income tax forms. However, payments must be reported as income on state tax forms.

It’s important to note that orders or judgments completed before December 31, 2018 will follow the old federal tax laws: spouses paying support can deduct payments on their federal income tax returns, and spouses receiving support must report these payments as income on their federal tax returns.

Even if you changed your order or judgment after December 31, 2018, you will still follow the same tax laws that applied to the original order. If you wish to follow the new rules, you will need to file a modified judgment or order clearly stating that the new federal tax law will apply to spousal support payments.

Child support payments, on the other hand, are not tax deductible or considered income at the state and federal levels.

For tax purposes, both spouses should take care to differentiate child support and spousal support payments.

How Wine Country Family Law, P.C., Can Help

This is where we shine. We know that no two marriages are the same, and the same can be said for divorces. Our goal is to provide the legal support you need as you go through one of the most grueling challenges you’ll face in life. We do this by listening to what you want—not doing what we would want in your situation. We truly listen to every single client, discuss options with them, and keep them informed of progress throughout their divorce.

We know that you are likely under an enormous amount of stress right now, and we want to alleviate as much of that as possible. By limiting direct contact between you and your spouse, we can handle your legal issues without you having to talk to your ex-partner every day. After the end of a relationship, you need space to heal and grow. Hiring us allows you to take the space you need while still feeling confident that your divorce is in good hands.

Reach Out Today to Discuss Your Divorce

While this time is challenging for you, we know that there is a way out and a light at the end of the tunnel. We’ll help you find that light. To talk to our team further and find out if we are a good fit for your divorce case, give us a call at 707-669-0841 or reach out to us online. You don’t have to do this alone.