Your marriage may be over - but your life doesn't have to be. If you're in the process of getting divorced, don't go through it alone; contact Mr. Binoye Jos at Jos Family Law, the best Divorce attorney Cerritos has to offer today! We can help you make sense of the complicated legal issues surrounding your separation from your spouse, including alimony and child custody laws.
Our lawyers specializing in divorce can also advise you on how to handle other life issues during this time, such as your taxes and property settlements. Most importantly, we will help you get through this difficult time with as little personal and financial damage as possible.
If you're considering filing for divorce or have already been served with divorce papers, you may be wondering what alternatives to litigation are available. Many attorneys now offer alternative dispute resolution (ADR) services, which can save you time, money, and stress.
Among the most popular methods is mediation, where both parties meet with an impartial third party who facilitates discussions about each party's concerns and tries to come up with a mutually beneficial agreement. Other methods include arbitration and collaborative law.
With arbitration, a retired judge will act as the arbitrator and listen to arguments from both sides before deciding on the outcome. With collaborative law, spouses agree to work together without involving lawyers on either side. They only consult lawyers if they get stuck at some point during their negotiation process.
The goal is to help couples resolve their disputes amicably rather than resorting to court proceedings. One way that ADR helps couples avoid court is by preventing them from having to wait for an unpredictable & excruciating length of time until the case goes through trial, whereas mediation generally occurs within one month after the first meeting between the couple and mediator. To know more, please contact Mr. Binoye Jos today!
If you have a divorce in Cerritos, it can be difficult. Divorces are not fun, easy to handle, or something most people want. If you need help with a divorce in Cerritos, look no further. Our firm can help you and be your Cerritos Divorce Attorney.
If you are thinking about getting a divorce or have started the process, odds are you have more questions than answers. These questions range from the necessity of going to court, the necessity of needing an attorney, how you will survive financially after the divorce, and everything in between. That is completely normal and fine to have more questions than answers, and that is what Jos Family Law is here for.
Divorce is legally now known as Dissolution of Marriage. It is okay to completely interchange the two. Times change, and some things just stick. What also changes with time is the law. The current law says that California is a no-fault state. This strips away old common laws. This means that no one can be punished in the divorce. The family code has made it clear that irreconcilable differences are enough to file for divorce.
Our beautiful state of California is a community property state. This means that any property acquired by either spouse during the marriage is split 50-50 in a divorce. This is generally the course of action taken regarding property in the marriage, but sometimes you need to make sure the court knows your spouse gifted you the car, or maybe you had the house before the marriage. The scenarios are endless, but having an attorney who can apply the law to your scenario and let you know what can be done, is what counts. Our firm can help you and be your Cerritos Divorce Attorney.
Occasionally, the court splits the property based on the idea of "quasi-marital property." If the parties have migrated to California from other states/countries, the court refers to the property they obtained during their marriage in other states/countries as "quasi-Community property" in a divorce case.
To apply for "Dissolution" in Orange County - You must have been a California resident for at least six months. Besides, you must have resided in the county where you want to file for three months. Therefore, you must have resided in O.C. for at least three months. The parties must wait for 6months after the original filing before the court may make a final judgment of dissolution. Our firm can assist you and serve as your Cerritos Divorce Lawyer.
To start a divorce, a "petition for Dissolution of marriage or registered domestic partnership" must be filed with the clerk of the court. As the name says, you're petitioning the court or asking them to dissolve the marriage they have on record for you.
Once that is done, what happens next? The person asking for the divorce, or as we all commonly call it, 'filing for divorce, will have to let the other party know they are trying to dissolve the marriage. This means they will serve them with notice.
After serving the other party, he or she has a limited amount of time to reply. Or, if you have been served, you only have a limited amount of time to reply. This same process of serving the other party, give or take a few forms, applies to separations and annulments.
This is where the game clock starts. Everything you do after can be used against you, hinder your case, or advance it. The same goes for the other party. Ideally, this is why it is best to have legal help early on to make sure you do not do anything that ties your or the attorney's hands.
To start, are you divorcing, ending a domestic partnership, seeking a legal separation, or seeking an annulment?
Because we live in the great state of California, ending a domestic partnership will be the exact same as a divorce. Domestic partnerships are afforded the same legal rights as marriages. The only difference is it is a different name to the court. Instead of a Dissolution of Marriage, you are seeking a Dissolution of Domestic Partnership. Every law written to say "spouse" will apply to your partnership but interchangeably apply to your partner. Our firm can help you and be your Cerritos Divorce Attorney.
If you want to have never been married, and the law allows it, you might be looking for an annulment. This is where the court "erases" any trace of that marriage. This will entail you will be "single" rather than "divorced" on paper. Not everyone will qualify. You cannot just annul a marriage because you do not want to have a divorce. Some of the general reasons may be:
Summary Divorce: Here, the spouses have no children, minimal assets, and any debt. Usually very simple, quick, and easy to have this done- minus the 6 month waiting period.
Default Divorce: This is usually the one most spouses pray for. The filing party is granted a divorce by default. This is where the other party is nowhere to be found, or they simply choose to ignore the case and not respond or participate.
Mediated Divorce: this is where you can use attorneys as a mediator to help you and your spouse communicate. This will help save on expenses, and if you and your spouse are filing paperwork without attorneys, it helps to have an unbiased intervention. Remember, even though your mediator is an attorney, they're your mediator, not your attorney.
Collaborative Divorce: Here, both parties have attorneys, and all four parties sit together and try to negotiate and settle. This minimizes court time, saves court fees, and usually is quicker than a contested divorce.
Arbitrated Divorce: This process is easily explained as renting a judge. This is not a way to "buy the judge," but rather, this method is efficient in expediting the process to have a trial at the ready on hand and keep the matter more private.
Contested Divorce: A contested divorce is the type of divorce we all grow up to fear. These are the divorces dramatically exploited in Hollywood. Here both attorneys fight on behalf of the clients and battle it out at trial. Generally, the attorneys are civil and try to negotiate and settle many smaller matters to reduce the trial length or even have one at all, but the parties are the ones calling the shots. This is the type of divorce that most people have starting off if they are not reasonable or considerate. Here, it is imperative that you remember that everyone in your family and involved is adversely affected.
California is one of nine states that follow community property laws. In simple terms, property, assets, and finances acquired during the marriage generally become shared property. Upon divorce, unless another agreement exists, marital property is usually divided equally between both spouses.
Determining the nature of your property is the first critical step in resolving marital assets. Although both parties may agree on how assets should be divided, California law also provides guidance to ensure fairness throughout the process.
It is helpful to gather information about bank accounts, debts, retirement plans, pensions, and real estate while communication is still possible. Having this information readily available helps your attorney protect assets from being spent, transferred, sold, or destroyed and can reduce expensive discovery costs for both parties.
Our firm can help you and serve as your Cerritos Divorce Attorney.
One common concern during divorce proceedings is that a spouse may attempt to transfer or dispose of assets after learning about the divorce. Filing and serving the summons and petition promptly can activate Automatic Temporary Restraining Orders (ATROs), which prohibit either party from improperly disposing of marital property.
Because these protections begin with proper filing procedures, it is important to inform your attorney of any urgent circumstances that may require expedited action.
Divorce proceedings often become contentious when spouses disagree about asset division. Disputes may arise because of differing opinions about value, emotional resentment, or attempts to complicate the process.
Even in amicable divorces, one spouse may improperly use the marital relationship to gain an unfair advantage in a transaction. California law recognizes such conduct as undue influence and provides remedies to address unfair agreements between spouses.
Divorce affects not only children, support, and property but also financial obligations and debts. Spouses owe one another fiduciary duties and must disclose financial accounts, purchases, and other relevant information throughout the marriage and divorce process.
Failure to disclose assets can negatively affect a case and may result in serious legal consequences. Proper transparency helps protect both parties and supports a fair resolution.
Our firm can help you and be your Cerritos Divorce Attorney.
Spousal support is determined by the section of the family code §4320. These include :
The standard of living that was established during the last 3-5 years of the marriage. This is basically what social class the marriage created for the parties. A determining factor is - can the person who is supposed to pay afford to pay? The length of the marriage is important - was it under 10 years, making it short, or over 10 making it long. What are the financial needs of both parties, The earning capacity of the person to be supported? ( can this person get a job and keep the same type of life) Can the supported party work and not interfere with the children's care? The age and health of both spouses. The obligations and assets, including the separate property, of each party.
The immediate and specific tax consequences to each party. The supported party's contribution to the supporting party's career during the marriage. Documented evidence of any history of domestic violence between the parties or perpetrated by either party against either party's child. The balance of the hardships for each party. Any other factors the court determines are just and equitable.
The goal is that the supported party shall be self-supporting within a reasonable period, such as half the length of the marriage unless the marriage is of a long duration (over 10 years). Spousal support is generally tax-deductible to the supporting party and taxable as income to the recipient. It is best to discuss with your attorney the reasons you believe you are owed spousal support, or you cannot pay it.
A huge part of divorce is the children. When there are children involved, your divorce expands threefold and now includes child support, child custody and visitation, and in some cases, paternity if a party raises issues on it. These child issues can be elaborated on under the custody page.
The biggest part of the whole divorce that you must remember is that you create your own path in this matter. Each party's actions adversely affect the outcome, down to even a social media post. It all becomes a game of chess from the date of separation. It is only beneficial to you and to give your attorney room to work for you, to act as if the world were watching your every move. Being reasonable gets you further in the case, but being respectful, courteous, and polite, despite your feelings towards the other person, will help you more than you know. It helps to read up on the do's and don'ts of divorce. Educating yourself on the process and how the court views certain scenarios will make sure you avoid doing something that will land you in hot water.
At Jos Family Law, we not only understand the law but respect it. We inform our clients of the laws governing their case regarding their facts, advise them to act within the scope of those laws, and fight for you to be treated with the same reasonable and respectful behavior from the other side.
If you need a Cerritos divorce attorney who will mediate whenever possible and will use the court to make determinations when mediation falls short, feel free to contact Jos FAMILY LAW. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your Dissolution matter with you and helping you find the solution that best fits your needs and desires.
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