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Many people facing divorce in Bakersfield find the process heartbreaking and overwhelming. These feelings are especially true when a splitting couple has children.
Often, the attorney is the difference between a harrowing divorce and one that proceeds as smoothly as possible. You want someone you can relate to well and has your best interests in mind. Start the search for the right match with this list of the best divorce lawyers in Bakersfield, CA.
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Best Bakersfield Divorce Lawyers
Anthony P. Azemika
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
University of California, Hastings College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Jim R. Canaday
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
California Pacific School of Law
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Notable Facts and Recognitions
Paul R. Domen
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
Western State University College of Law
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Notable Facts and Recognitions
David F. Leon
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
University of California at Los Angeles School of Law
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Monique Castruita Galvan
CA Bar Association Status
Active
Year Admitted to CA Bar
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San Joaquin College of Law
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Xochitl M. Garcia
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
Thomas Jefferson School of Law
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Vincent A. Gorski
CA Bar Association Status
Active
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Law School Attended
Indiana University School of Law
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Mellanie Marshall
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
San Joaquin College of Law
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Notable Facts and Recognitions
Inderraj Singh
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
Pepperdine University, School of Law
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Jeremy D. Swanson
CA Bar Association Status
Active
Year Admitted to CA Bar
Law School Attended
Oak Brook College of Law & Government Policy
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Compare Top Bakersfield Divorce Attorneys
Filing for Divorce in Bakersfield, CA
You start a divorce in Bakersfield, CA, by petitioning the Kern County Family Law Division. Your divorce will depend on you meeting requirements, filing the correct forms and following procedures.
California Divorce Requirements
These are the general requirements for starting or completing a divorce in California:
- Residency. You or your spouse must live in California for six months and in your current county for three months.
- Irreconcilable differences or incapacity. California does not consider fault for a marital breakdown. Instead, you must plead either irreconcilable differences or incapacity.
You can file for a legal separation if you do not meet the residency requirements. Once you do, you can change the separation into a divorce.
Types of Divorce and Separation in California
Divorce may not be appropriate or efficient for your situation. In those cases, you can use one of these alternatives.
- Annulment. California uses annulment for marriages considered “voidable.” These marriages involve a lack of consent, force or underage participants. There is no property division or child custody with an annulment; it is just a statement that the marriage never occurred.
- Legal Separation. A legal separation in California is often preferred if the parties don’t meet residency requirements for a divorce or personal or financial reasons make divorce undesirable. This process divides property and debts, establishes support, and sets parenting time like a divorce.
- Summary Dissolution. This “quickie divorce” applies to marriages lasting less than five years with no children or joint property. Parties may have little or no debt, too. If you and your spouse agree to property division terms and don’t want spousal support, summary dissolution will be easier than a full divorce.
Child Custody, Support and Parenting Time in California
Child custody refers to where the child lives and which parent makes decisions. You can pursue sole or joint custody. Many parents opt for joint arrangements so they are both in their children’s lives.
But there are some cases where one parent may pursue sole custody, including:
- Abuse by the other parent.
- The other parent’s drug or alcohol addiction.
- Mental illness.
- History of instability or disinterest.
The parent who does not have custody receives parenting time, once called “visitation.” Depending on the other parent’s status, this parenting time may be supervised or unsupervised. A Parenting Plan filed with the divorce petition outlines custody and parenting time for both parents.
California objectively calculates child support using both parents’ incomes. Once the calculation is finalized, the court enters a child support order indicating the noncustodial parent’s obligation. Parents must support their children until they are 19 or graduate high school (whichever happens first).
Property Division in California
California is a community property state. Generally, any property acquired during the marriage is considered joint marital property unless shown otherwise. For example, a family home purchased during the marriage is most likely a community property that must be divided equally in the divorce.
The same applies to debts, too. A student loan incurred before the marriage may not be community debt, so the court will assign it to the spouse who incurred it. However, mortgages and credit cards that are held jointly will likely be divided equally.
There are circumstances where spouses can claim separate property. For example, investment properties that one spouse’s LLC holds or an inheritance can be separate property. However, if investment or inheritance funds enter a joint checking accounting, they become community assets.
Spousal support can also become part of a property division if there is a significant income gap or separate assets. The support intends to help the spouse receiving it maintain the same standard of living they enjoyed while married. It can also act as an equalizing measure, e.g., one spouse gets support and the family home, while the other receives all remaining assets.
Filing and Serving Your Divorce Papers
Divorce forms are available in the California Courts Self-Help Guide, which includes instructions and forms you can download. Follow the forms based on your assets, children, and other circumstances. The self-help guide will take you through the steps.
Once filed, you will serve the papers to your spouse. Include a “summons” form and fill out the proof of service form. Your spouse will have 30 days to respond. The six-month waiting period for California divorces starts on the day you serve your spouse.
You will file your divorce documents with the Superior Court of Kern County.
Finalizing Your Divorce
To finish your divorce, you must:
- Exchange financial information with your spouse, including paystubs, tax returns and bank statements;
- Agree on property and child custody issues; and
- Finish and submit the final paperwork using the forms available in California’s self-help guide.
The soonest you can finalize a divorce is six months from the date your spouse received the divorce petition. If you and your spouse do not agree on all of the issues, you will need to hire an attorney and possibly go to trial.
You can also try mediating with your spouse to reach a mutually beneficial agreement. The court system offers resources for picking a mediator and scheduling a session.
How Can An Attorney Help You?
An attorney will:
- File the correct papers.
- Help negotiate a settlement.
- Inform you of your options.
- Help you stay focused on what matters, even if you are emotional.
- Represent you at a divorce trial.
Do you always need an attorney?
No. If you are amicable to your spouse and have already agreed on property division, child custody and support, you can likely self-help the process and submit the final forms together. You would then have an uncontested divorce.
But some situations require a lawyer. If you face domestic violence, stalking and threats of violence against your children, an attorney acts as a buffer between you and the other parent. Also, they will have the energy to advocate on your behalf and take a strong position in court when you feel fearful and vulnerable.
Attorneys also help you stay sane when your marriage ends on bad terms. Infidelity and abuse have psychological impacts that need attention from a mental health professional. An attorney handling legal matters while you stay safe and get help can prove invaluable.
Generally, if your divorce is contested, consider hiring a lawyer to help smooth the process.
How To Find the Best Divorce Lawyer in Bakersfield, CA
Finding the best divorce attorney for your situation is often such a personal and touchy process that many people compare it to finding the perfect therapist. It’s not like finding someone to do your taxes. You want professional experience and trust, but you also need someone you feel safe with as you go through this trying time.
As you meet attorney candidates, consider:
- Experience. Has this attorney handled a case like yours previously? For example, if you have substantial marital assets, you want someone who regularly handles large-asset cases.
- Approach. Do you need a bulldog who will protect you from an abusive spouse? Or do you need an excellent negotiator to guide you to a solution that is in the best interests of your children? You can find both types on this list; what you need often depends on your unique circumstances.
- Trust and Comfort. Your divorce attorney must know your details, and you must be comfortable sharing them. For example, if your spouse routinely sexually assaulted you, sharing that is crucial to your future safety. Don’t hire an attorney if you don’t feel you can open up to them.
Our Methodology for Finding the Best Bakersfield Divorce Attorneys
Forbes Advisor considered many factors to determine the best personal injury lawyers in Bakersfield in 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on the following:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially tricky legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Bakersfield Divorce Lawyers
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