Costa Mesa Divorce Attorney

Jos Family Law is pleased to serve all of Costa Mesa's family law needs. Costa Mesa is one of Orange County's busiest cities, with a considerable population. Jos Family Law happily provides the assistance that the residents of the city demand. Choose Jos Family Law for the best Costa Mesa Divorce Attorney.

Divorce is a difficult problem, but it is critical to explore your options and the possibilities that may or may not arise. If you're thinking about divorce or have already started the family law procedure, you probably have more questions than answers. These considerations range from the requirement of going to court to the necessity of employing an attorney, as well as how you will manage financially following the divorce.

It is perfectly natural and acceptable to have more questions than answers, and JFL is here to help. According to current legislation, California is a no-fault state. This eliminates ancient common laws. This means that no one may be penalized as a result of the divorce. The family code makes it clear that irreconcilable disagreements are sufficient grounds for divorce.

What About Our Assets?

Our lovely state of California is a state of community property. This implies that in the event of a divorce, whatever property accumulated by either spouse during the marriage is shared 50-50. This is constantly the case when it comes to marital property, but there are situations when you need to ensure the court understands your spouse gave you the automobile or you owned the house before the marriage.

The possibilities are unlimited, but having an attorney who can apply the law to your situation and tell you what you can do is what matters. The property is occasionally divided by the court under a concept known as "quasi-marital" property. In a divorce proceeding, if the parties have relocated to California from other states/counties, the property obtained by the spouse/parties during their marriage in other states/countries is referred to as "quasi-community property" by the court.

What Is The Best Path?

To begin, are you divorcing, dissolving a domestic partnership, seeking a formal separation, or annulling your marriage?

Since we reside in the wonderful state of California, dissolving a domestic relationship is the same as divorce. Domestic partnerships actually have the same legal status as marriages; The only distinction is that the court has a different name. You are pursuing a Dissolution of Domestic Partnership rather than a Dissolution of Marriage.

Every legislation that uses the word "spouse" will apply to your partnership, but it will also apply to your partner. Choose the best Costa Mesa Divorce Attorney. If you don't want to be married and the law allows it, you could consider annulment.

This is the point at which the court "erases" all traces of the marriage. On paper, this means you'll be "single" rather than "divorced." Not everyone will be eligible. You cannot just cancel a marriage because you do not wish to divorce. Some broad causes might be:

1. Fraud or Misrepresentation:- You believe your spouse lied about something he or she should not have lied about.
2. No Marriage Consummation:- Your partner is unable to produce or perform sexually, and you were unaware of this before the marriage.
3. Incest, Underage Party, or Bigamy:- The spouse is related by blood, making the marriage illegal under the laws, your spouse is married to someone else, or one of the spouses is not of legal marriage age, and there is no parental permission.
4. Unsound Mind:- You or your spouse could not consent to the marriage because you were unsound (usually under the influence).
5. Force:- You were coerced into the marriage.

A legal separation occurs when the law acknowledges you as legally separated, yet you remain married. This option is typically used for financial reasons, ranging from taxes to insurance. The main disadvantage is that you cannot remarry since having two marriages at the same time is illegal in California.

Are You Eligible?

It is vital to remember that in order to apply for "Dissolution" in Orange County, you must have lived in the (California)state for at least 6 months. In addition, you must have lived in the county where you want to file for three months.

In this situation, you must have resided in Orange County for at least three months. Following the first petition, California law requires the parties to wait six months before the court may make a final Dissolution decision. Contact our Costa Mesa Divorce Attorney for more information.

After You Determine, You Are Eligible - Then What?

A petition for - "Dissolution of Marriage or Registered Domestic Partnership" - must be filed with the clerk of the court to actually begin the divorce process. As the term implies, you are petitioning the court or requesting that they dissolve the marriage they have on file for you.

After that, what happens next? The individual requesting the divorce, or as we all know it, 'filing for divorce,' must notify the other party that they are attempting to terminate the marriage. This indicates that they will serve them with notice.

After the other party(ex) has been served, they have a limited period to respond. Alternatively, if you have been served, you only have a certain period of time to respond. Separations and annulments follow the same process of serving the other party but in slightly different forms.

This is the point at which the game clock begins. Everything you do after that can be used against you to help or hurt your case. The same is true for the opposing party. This is why, ideally, it is preferable to get legal counsel early on to ensure that you do not do anything that would tie your or the attorney's hands.

Types Of Divorce!

1. Summary Divorce: In this case, the couples have no children, few assets, and little debt. Having this done is usually quite straightforward, quick, and easy—except for the 6 month waiting period.
2. Default Divorce: This is the one that most couples hope for. By default, the filing party is given a divorce. This is where the opposing side is either not present or chooses to disregard the case and not reply or participate.
3. Mediated Divorce: This is where you can hire an attorney to act as a mediator between you and your spouse. This can help you save money, and if you and your spouse are submitting documents without the assistance of an attorney, having an unbiased intervention will be beneficial. Remember that even if your mediator is an attorney, they're your mediator, not your attorney. Contact our experienced Costa Mesa Divorce Attorney.
4. Collaborative Divorce: In this case, both parties have attorneys, and all four parties meet down to negotiate and resolve. This reduces court time, saves money on court expenses, and is frequently faster than a contentious divorce.
5. Arbitrated Divorce: This procedure is as simple as hiring a judge. This is not a strategy of "buying the judge," but rather of speeding the process of having a trial-ready on hand while keeping the topic more confidential.
6. Contested Divorce: This is the sort of divorce that we all grow up fearing. These are the divorces that Hollywood dramatizes. In this case, both attorneys fight on behalf of their clients and go to trial. In general, the attorneys are polite & strive to negotiate and settle many minor issues to shorten or eliminate the need for a trial.

Yet the parties make the final decision. This is the sort of divorce that the majority of individuals face if they are not reasonable or thoughtful. It is critical to realize that everyone in your family and involved is negatively impacted. Contact the top Costa Mesa Divorce Attorney at JFL.

Applicabilities Of Divorce

Community Property:

California is one of the nine states with community property laws. In layman's words, community property indicates that after marriage, the property, assets, and cash acquired during the marriage are shared. So, if a divorce is filed and no agreement is reached, the property is normally divided 50/50.

Division of Property:

The first crucial step in creating a firm basis for your marital property resolution is determining what sort of property you have. The parties are actually free to agree to all or any ideas for dividing the assets, but there are a few laws and cases that provide guidance on how to divide assets in order to stay fair.

It is quite beneficial if you address all financial matters with your spouse while you are still on speaking terms. This really applies to everything from bank accounts to loans, pensions, retirements, and real estate. Explain to them why you desire this, whether casually or openly.

Understanding this will inform your attorney of what needs to be safeguarded from being wasted, destroyed, sold, or disposed of. Furthermore, having recently duplicated papers helps to avoid any extra attorney expenses for both parties in demanding these records, a process called discovery. When a request is submitted and answered, these costs are invoiced to both parties.

ATRO's

A major issue in a divorce is that when the responsive spouse learns of the divorce, he or she may begin moving assets. Fortunately, your attorney will be able to assist you on how to manage such a situation. I could have you file for dissolution as soon as possible by serving the summons and petition so that your spouse is bound by the conditions of the automatic temporary restraining orders (ATRO's).

These restraining orders are prominently displayed in the summons. These orders serve as a notification to either party to prevent them from disposing of the property. As the summons and petition are submitted concurrently, it is critical to keep the attorney informed of everything that is going on and if your circumstances necessitate an accelerated filing.

Undue Influence

It is no secret that divorces are difficult to navigate. While this is not always the case, it is the most common. When the parties (you or your ex) cannot agree on dividing the assets, the divorce becomes agonizing and rough. This might be due to a dispute about the worth of an item, anger for sharing an asset, desire to cause conflict & complexities.

In a more civilized divorce, when one spouse utilizes the bond between the two of them to conduct an interspousal transaction (contract between the two) that benefits one spouse over the other, a possibility of excessive influence develops. This is an unjust arrangement since it takes advantage of the spouses' bond with one other. Choose the best divorce lawyer in Costa Mesa.

Fiduciary Obligation

Divorces influence your bills as well as your spousal support, children, and assets, which most people overlook. That's accurate; if you don't handle the divorce properly, it will have an impact on your credit. Furthermore, a marriage is a fiduciary responsibility between the parties.

They owe it to the other parties to tell them of any purchases, bank accounts, or other relevant goods. This is significant since it may either assist or hurt your case. You not disclosing any accounts may cause you problems, or your spouse doing so may give them problems.

Who Pays The Spousal Support?

The provision of the family code §4320 governs spousal maintenance. These include :

During the latter 3-5 years of the marriage, the level of living was set. This is the social class that the marriage generated for the parties. One deciding aspect is whether or not the individual who is required to pay can afford to pay.

The length of the marriage is essential; was it less than 10years, making it short, or more than 10years, making it long?

What are both parties' financial requirements? What is the earning capability of the individual who will be supported? (Can this individual acquire a job and maintain the same way of life?) Can the supporting party work without interfering with the care of the children? Both partners' ages and health. Each party's duties and assets, including separate property.

The immediate and precise tax implications for each party. Contribution of the supported party to the supported party's career during the marriage. Documented proof of any history of domestic violence. The balance of each party's sufferings. Any additional circumstances that the court deems reasonable and equitable.

The objective is for the supported partner to be self-sufficient within a realistic time frame, such as half the length of the marriage - unless the marriage is long (over 10years). In most cases, spousal support is tax-deductible for the supporting party and taxable as income for the receiver. It is essential & vital to consult with an attorney about the reasons you feel you are entitled to spousal support or that you are unable to pay it.

When Children Are Involved

The children play an important role in divorce. When children are involved, your divorce extends threefold to include child support, child custody, and visitation, as well as, in some situations, paternity if a party raises the matter. These child issues are discussed on our custody page.

Assisting You Take The Stress Out Of The Legal Process

The most important aspect of divorce is that you set your own route in this regard. Each party's activities have a negative impact on the result, even if they are as minor as a social media post. From the day of separation, everything becomes a game of chess. It is only good for you and your attorney to appear as though the entire world is watching your every action.

Being rational will get you further in the case, but being respectful, kind, and pleasant, regardless of how you feel about the other person, will benefit you more than you realize. It's a good idea to educate yourself on the do's & don'ts of divorce. Educating yourself about the procedure and how the court interprets certain circumstances will ensure that you actually do not do anything that will land you in hot water. Contact our Costa Mesa Divorce Attorney for more information.

10 Crucial Questions To Ask Your Divorce Attorney

Divorce is a well-addressed issue, and there are several suggested questions for divorce attorneys. In other words, there are hundreds of questions that may be asked, ranging from generic to case-specific. Assuming that fees & general attorney experience issues have been addressed, your divorce attorney should be able to answer the following 10 critical questions.

Initial Consultation:-

• 1. What are my divorce options in California?
• 2. What are my options for avoiding a contentious trial?
• 3. How long can I expect the process to take? How do you plan on handling my divorce case?
• 4. How can I make the process easier?
• 5. How & when can I contact you if I have questions or concerns? Are you willing to discuss my case with me over the phone? How long does it genuinely take you to respond to phone calls?
• 6. What are the possible financial & tax implications of my divorce?

Before & During The Proceedings:

Most individuals employ a divorce attorney with the expectation that they will assist in filing the papers, arguing in court, and handling the legal aspects of the marriage's dissolution. A good lawyer - on the other hand, can accomplish much more.

Getting through the legal aspects of a divorce is undoubtedly difficult, but additional difficulties might arise even after the essential legal issues have been resolved. You can navigate these waters with the aid of a qualified divorce attorney, just as you did throughout the actual process.

• 7. How can I contact you in case of an emergency? What constitutes an emergency?
• 8. What can I expect? Based on what we have discussed, how do you see my case playing out in court?

After The Trial & Loose Ends:-

• 9. Where can I actually find resources to help me move on with my life?
• 10. How do we proceed with other matters stemming from the divorce?

The questions above serve as an excellent starting point for a conversation between you & your divorce attorney. Most family law attorneys expect to be asked one or more of these questions. You are likely to have more specific inquiries about your own scenario.

It is advised that you write down any questions or concerns you have in order for your attorney to best represent you. There are really no stupid questions, especially when it comes to legal issues that might affect your life.

EXPERIENCED & BOARD CERTIFIED FAMILY LAW SPECIALIST ON YOUR SIDE

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At Jos Family Law, we not only comprehend but also respect the law. We inform our clients of the guidelines & laws that apply to their circumstances. We advise them on how to operate within those rules & fight for you to be treated with the same fair and courteous behavior as the opposing side. Contact Jos Family Law if you want the best Costa Mesa Divorce Attorney who will mediate whenever feasible and utilize the court to make decisions when mediation fails.

We will assist & facilitate you in making the right move into your new life as smoothly as possible. You can reach us at (714) 733-7066 or jos@josfamilylaw.com. We truly look forward to discussing your Dissolution matter with you & assisting you in determining the appropriate solutions for your requirements and desires.