LOOKING FOR A TOP-NOTCH DIVORCE ATTORNEY IN CYPRESS, CA? LOOK NO FURTHER THAN JOS FAMILY LAW!
Are you actually in the process of getting divorced? It's a challenging time, and it's important to have someone on your side who knows how to navigate the legal system & advocate for your interests throughout the whole process. At Jos Family Law, we're here to help, whether you're looking to pursue or avoid divorce in Cypress, CA.
With years of experience & an impressive track record behind us, we know how to prepare your case so that you get precisely what you want out of the outcome. So call the best Divorce attorney Cypress has to offer - Jos Family Law!
Exploring Your Spouse's Legal Options After Understanding Yours
If you're considering filing for divorce, it's important to understand your spouse's legal options as well as your own. An accomplished Cypress divorce attorney can help you navigate the process and protect your interests. You know the process will be difficult, but you're not sure what your spouse's legal options are. Here's a quick & easy overview of what you need to know.
Your spouse can file for an uncontested divorce if they don't want any money or property from you, which is known as a 'no-fault' divorce. If they do want money or property from you, they can file a contested divorce in which one party has committed a fault against the other such as adultery or abuse.
The court decides how much spousal support (alimony) and child support each person needs based on factors like income and number of children. Child custody can be shared, with one parent being designated as the primary caregiver while the other parent has visitation rights. But before making decisions about these issues, it's important to get advice from a lawyer who specializes in family law.
An accomplished Cypress divorce attorney can help you figure out what kind of agreement might work best for both spouses and then make all the necessary arrangements so that everyone knows their responsibilities going forward. Plus, our attorneys are happy to answer any questions you may have along the way.
How Will Your Children Or Family Members Be Involved In Your Legal Proceedings?
When it comes to divorce, children and family members can be involved in the legal proceedings in a few different ways.
But here's what matters the most:
- 1. If you have children, you'll need to come to an agreement on child custody and visitation.
- 2. If you or your spouse own any property together, you'll need to figure out who will get what.
- 3. You may need to consider spousal support or alimony payments.
In some cases, your loved ones are more than just witnesses to your divorce; they're also necessary participants. For example, if one of you has been abusing the other person throughout the marriage, the victim should at least consult with an attorney before signing anything final so that he or she can take care of their rights. If there is real violence in the home, you might want to include this information when filing papers as well.
The lawyer can explain how domestic violence will affect things like spousal support and child custody. They can also provide guidance when determining which parent is most appropriate for primary physical custody of your kids and how much time each parent should spend with them outside of school hours. So call the best Divorce attorney Cypress has to offer - Jos Family Law today!
Jos Family Law Can Help You Navigate The Complex Divorce Process
If you live in Cypress and need a divorce attorney, Jos Family will gladly be your Cypress Family Law attorney. Divorce does not come without struggle, pain, and stress. We will take the struggle and stress and handle it for you.
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.
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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 start off, 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.
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:
- Fraud or misrepresentation- you feel your spouse lied about something completely unforgivable.
- No consummation of the marriage- your spouse is unable to sexually produce or perform, and you did not know before the marriage.
- Incest, bigamy, or underage party - the spouse is related by blood, making the marriage illegal under the statute, your spouse is married to someone else, or one of the spouses is not of age to consent to marriage, and there is no parental approval.
- Unsound mind- you or your spouse were unsound ( generally under the influence ) and not able to consent to the marriage.
- Force- you were forced into the marriage.
- A legal separation is when the law recognizes you as separated, but you're still married. This option is usually for financial reasons, anywhere from taxes to insurance purposes. This does have cons, with the most notable being you cannot remarry as having two marriages at the same time is not legal in California.
Are You Eligible for a Divorce?
To apply for "Dissolution" in Orange County - You must have been a California resident for at least 6months. In addition, you must have resided in the county where you want to file for 3months. Therefore, you must have resided in OC for at least 3months. The parties must wait six months after the original filing before the court may make a final judgment of dissolution.
After You Determine You Are Eligible, Then What?
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.
Types of Divorce - Is There More Than One?
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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.
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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.
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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.
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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.
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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
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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.
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.
When Children Are Involved
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.
Applicabilities of Divorce!!
Community 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.
California is one of 9 states that have community property laws. Community property, in simple terms, means that after marriage, the property, assets, and finances gained during the said marriage become shared. So, upon filing for a divorce, if no agreement was made otherwise, the property is usually divided 50/50.
Property Division :
Determining what type of property you have is the first critical step in establishing a solid foundation for your resolution of marital property. The parties are free to agree to all or any suggestions in dividing the assets, but there are also a handful of laws and cases that give an aspect on how to divide to remain fair. It is very helpful if you have a discussion while on speaking terms with your spouse about all the finances. This is applicable to everything from bank accounts, debts, pensions, retirements, and properties. Whether you do this nonchalantly or transparently explain to them why you want this, having knowledge of this will let your attorney know what needs to be protected from being spent, destroyed, sold, or disposed of. Additionally, having recent copies helps to prevent any excessive attorney fees for both parties in requesting these documents, known as discovery. These fees are billed to both sides when the request is made and answered.
ATRO's
Usually, in a divorce, a big concern is that when the responding spouse finds out about the divorce, he or she will begin transferring assets. Fortunately, your attorney can advise you on how to handle such a matter. I might have you swiftly file for Dissolution by serving the summons and petition, so they bind your spouse to the terms of the automatic temporary restraining orders (ATRO's). These restraining orders are clear and noticeable in the summons. These orders are to give the notice to stop either party from getting rid of a property. Since the summons and petition are filed together, it is important to let the attorney know everything is happening and if your circumstances require an expedited filing.
Undue Influence
When it comes to divorces, it is no secret that they get messy. While this is not the continuous case, it is the most recognized. Divorces generally become excruciating and churlish when the parties cannot agree on how to split the assets. This can be a disagreement on the value of an item, resentment for sharing an asset with that spouse fueled by a spouse's disdain for the other, or due to a desire to create as much strife and complications in the proceedings as possible. In the event of a more civilized divorce, when a spouse uses the relationship between the two of themselves to conduct an interspousal transaction ( deal between the two) where the deal is advantageous to one spouse over the other, an issue of undue influence arises. This is an unfair agreement by the use of the spouse's relationship with each other.
Fiduciary Duty :
Divorces do not only involve your spousal support, children, and assets; most people forget they affect your debts. That's right; your credit will be affected by the divorce if you do not handle it correctly. Furthermore, a marriage is a fiduciary duty between the parties, and they have a duty to inform the other parties of any purchase, bank accounts, and other related items. This is important to note because this can either help or hinder your case. Not disclosing any accounts can cause you trouble, or your spouse doing this will hinder them.
What Happens to the Property & Assets in a Divorce?
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.
The court sometimes divides the property under a concept called "quasi-marital" property. If the parties have moved to California from other states/counties, in a divorce action, the court calls the property that the parties acquired during the marriage in other states/countries "quasi-Community property."
Who Pays The Support?
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.
Don't Tie Your, or Your Attorney's, Hands!
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.
MR. BINOYE JOS, YOUR RELIABLE CYPRESS DIVORCE LAWYER.
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 Cypress divorce lawyer 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.