Divorce attorney Orange County

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JOS FAMILY LAW - THE ORANGE COUNTY DIVORCE ATTORNEY WHO CAN HELP YOU MAKE THE RIGHT CHOICES!

Sometimes life throws us an unexpected curveball, and there are times when we might find ourselves with the need for a divorce attorney. Divorce attorney Orange County can help you out with every aspect of your divorce case, from the initial consultation to the final hearing & beyond.

Just like any other lawyer, there are many things you should look for when choosing one. However, as divorce proceedings are particularly emotionally-charged, the stakes tend to be much higher. At Jos Family Law, we're here to make sure that you understand every step of the divorce process & can answer any questions you may have along the way.

Moreover, we'll help you understand what you need to do during this difficult time in your life. So that your divorce runs as smoothly as possible & doesn't get in the way of moving on with your life after the divorce.

In Orange County Do I Have To Go To Court To Get A Divorce?

No, you do not have to go to court for a divorce. If you both agree on all the terms of the divorce, then you can submit your agreement and proof of residency to the court in order to receive your marriage dissolution decree. If you cannot come to a genuine agreement with your spouse on any issue regarding the division of property or debt, then one spouse will need to request that a judge hear their case.

The process will be more complicated if there are children involved, as it is necessary for custody, visitation rights, and child support orders to be determined before granting the final divorce. Most people believe that the only way to get a divorce is through expensive legal proceedings, but this isn't true at all.

In fact, mediation is often faster and cheaper than going through lengthy legal proceedings. Mediation is also effective because both parties are able to work out an agreement together without paying high legal fees. Whatever your case or objectives may be, our seasoned Orange County family law attorney has got you covered!

Overview of Divorce in California

The California Family Code defines divorce, or dissolution of marriage, as a legal order that restores the parties status to unmarried persons. This means divorced couples are legally declared single again and are allowed to remarry. However, the consequences of divorce can be life-altering with far-reaching consequences.

The effect of divorce on property rights and parental rights are the most complex aspects of any family law proceeding. Due to the high state of emotions, divorce is often billed as a bitter and contentious process that breaks families apart.

It's best to hire a divorce attorney who can help you navigate the process and make sure you have a better future ahead.

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California's Residency Requirements

Section 2320 of the California Family Code requires at least one of the parties to be a resident of California for at least six months and of the filing County for at least three months. Legal separation, same-sex marriages, and nullity proceedings are exceptions to this rule.

If you want to know more about California's residency requirements, consult our divorce attorneys in Orange County and make informed decisions for your future.

Divorce Waiting Period in California

In California, the spouses must wait for at least six months since the divorce petition and summons have been served to the respondent. The start date would be the day such petition and summons is received by the respondent. If the respondent appears in court before being served, then the start date of the waiting period will be since this first appearance.

Is California a No-Fault State?

California is a no-fault divorce state, which means that divorcing couples do not need to state a reason for divorce. Even proof of infidelity will have no bearing on the divorce order. The petitioning spouse can simply cite irreconcilable differences or legal incapacity to file for marriage dissolution. Thus, even if one spouse doesn't want to divorce, the marriage will still be dissolved against their wishes.

However, any proof of infidelity or misconduct will influence other decisions such as custody of children or calculation of spousal support.

Aspects of Divorce

In most divorce proceedings, the court must decide:

  • How will custody of children be divided between the parties?
  • How will the marital property and debts be divided between the parties?
  • How much spousal support and child support must be paid and by whom?

At Jos Family Law, our divorce attorneys can help you with all aspects of divorce. Whether contested or uncontested, divorce encompasses several issues, which is why it is critical that you hire an experienced family law attorney who will help you navigate the legal complexities and achieve your goals in divorce.

How Long Will It Truly Take For My Case To Finish?

If you are able to come to an agreement with your spouse or partner, your divorce will only take a few months. If your case actually ends up going to trial, it could be several months, even years, before the court enters its final order. The process of the court hearing each party's arguments and evidence can drag on for months and even years.

The more complex your case is -- the longer it will take. For example, if there are children involved and they need to go through mediation before they go to trial, the whole process could last a year or two. If one party decides not to cooperate throughout the proceedings, then this may delay everything even more.

There are also many genuine issues that may arise during the proceedings, which can extend the timeline of your case as well. Thus it's always recommended to consult a seasoned Orange County divorce lawyer.

How Do Attorneys Charge Fees & What Can I Expect To Pay?

Typically, attorneys charge an hourly fee for their work. Hourly rates vary. You may have to meet with your attorney at least once or twice before the case is complete. Your attorney will likely request that you fill out paperwork as well as pay a retainer upfront if you're retaining them for their services.

If the case goes to trial - there may be additional charges. Depending on the complexity of your divorce, there could be fees that could come out of nowhere and cost you more money than expected. There are several different types of divorces: contested (where one spouse disagrees about any part of the divorce), uncontested (where both spouses agree about everything), etc.

The type of divorce affects how much it costs. An uncontested divorce generally has lower costs, but it's important to note that this does not mean it's easy. It can truly take a significant amount of time to negotiate child custody agreements and divide assets.

The best way to figure out how much it'll cost is by talking with your O.C family lawyer beforehand, so you know what all needs to happen before you start the process. Thus who could be more suited than Mr. Binoye Jos, a seasoned and compassionate attorney who prioritizes his clients before his own financial gain?

5 Insider Tips To Help In Choosing A Good Divorce Lawyer

There are many different types of divorce lawyers out there, but it's important to find one that understands the laws in Orange County, specifically those that apply to you and your situation. Here are 5tips to help you find a good divorce lawyer who meets your needs.

  1. Be upfront about your needs with a lawyer. Do you need someone who specializes in only divorces or somebody who has knowledge of other aspects of family law? Remember, this is the person who will be managing your future legal affairs, so it's important that they can offer you complete representation without missing anything important along the way.
  2. Ask friends and family for referrals. If they've gone through their own divorce recently, they may be able to recommend someone they've had success with in the past.
  3. Read reviews online. Online reviews can offer a lot of insight into how other clients feel about their experiences with specific attorneys.
  4. Do some research about what kind of cases the lawyer specializes in. Different attorneys specialize in different types of cases, so it's essential & vital to do some research before deciding which attorney is actually right for you.
  5. Meet the attorney in person to see if you like them. In the end, choosing a lawyer is all about finding somebody who feels comfortable and trustworthy to work with.

These 5 tips should help you find a great divorce lawyer and make the process smoother. Contact Jos Family Law today for more info or consultation.

Divorce attorney Orange County

Is Your Divorce Attorney Giving You The Attention You Deserve?

Family law is among the most emotionally and financially draining fields of law. Our goal at Jos Family Law is to help people find peace and resolution to their family legal issues, which include divorce. Divorces are very personal and often one of the most difficult challenges you may face during your lifetime.

The decisions made during this process can affect your quality of life for years to come. We know that choosing an attorney that best fits your needs is not easy. That's why we offer consultations with our top Divorce attorney Orange County so that you can really learn more about them before making a decision.

It's vital to note that there are many types of divorces, including contested, uncontested, and other specialty divorces, such as military divorce or same-sex marriage. There are also different ways in which couples can decide on how to divide their assets, whether it be equitable distribution or community property. So to avoid any confusion or complication, & if you have any questions at all, please contact Jos Family Law today!

What Is An Annulment? & What Are Its Effects?

Annulments generally are more difficult to obtain than divorces. An annulment is the court's declaration that a marriage was never - valid in the first place, and there are many reasons why that may be the case. The most typical grounds for an annulment in Orange County are:

  • Lack of consent from one party to marry
  • Mental incompetence of one party at the time of marriage, and
  • Bigamy.

A civil annulment requires the same level of proof as it does for a divorce proceeding. You must establish sufficient evidence or testimony to convince the judge that your marriage should be declared null and void. Once an order has been granted by the court, you will not legally be married anymore.

Hence any children born after the date of your final order will not share your last name or have any legal connection with you in any way. Moreover, once you've had your marriage annulled, the court may award you spousal support if applicable.

What If I Want To Remarry After An Annulment?

If you remarry following an annulment, then this new marriage will be considered valid unless your previous spouse also seeks an annulment on these grounds. However, just because both parties agree that they want to get divorced doesn't mean they'll be successful in their attempts. Depending on the circumstances of your particular case, you might still need to go through lengthy proceedings before the court can grant your request for dissolution.

At Jos Family Law, our experienced Orange County divorce attorneys can help provide you with all of the necessary information to make an informed decision about how best to proceed and what steps are necessary to do so. We're committed to helping people through some of life's toughest times; don't hesitate to reach out today!

How Can My Divorce Attorney Get Me Divorced Fast, Inexpensively, & Stress-free?

It is difficult to go through the process of divorce on your own. And it can be even more challenging if you have children. A divorce attorney can help you get divorced quickly, at a low cost, and with minimum stress. With years of experience, our attorneys understand the ins and outs of how the law works for your situation and will make sure that you are protected.

You'll also get peace of mind knowing that your best interests are being looked out for. Jos Family Law can give you advice about child custody, spousal support (alimony), property division, and other aspects of your case. We will handle everything from beginning to end - not just the paperwork - so that you don't have any surprises. The last thing anyone really wants when going through divorce proceedings is an unpleasant surprise!

What Makes Our Law Firm Stand Out From The Competition

We understand that divorce can be an emotionally charged process, so we make it our priority to ensure that you are comfortable and feel heard. We work hard to have the utmost respect for your position during this difficult time. With over 55years of combined experience, we know that every case is different and no two divorces are the same.

Our attorneys will take the time to get to know you - before offering any legal advice or proceeding with your case. Once your case has been filed, our team of compassionate and caring professionals will guide you through the intricacies of California family law while fighting aggressively to protect your rights.

The personal attention you receive at our firm ensures that nothing falls through the cracks. That's how we truly set ourselves apart from other attorneys & law firms in the area - not only do we offer sound legal counsel but also support on both sides of the situation.

Frequently Asked Questions

A divorce terminates a marriage, while a legal separation actually allows a couple to remain legally married but live apart. A divorce can only be granted after the parties have lived apart for at least six months. Legal separation does not require living apart.

The amount of time it actually takes to get a divorce in California varies depending on the county and the case. Generally, it can take anywhere from six months to one year for the court to finalize the divorce.

Under California law, there are two grounds for divorce: irreconcilable differences and incurable insanity. Irreconcilable differences must be proved with evidence of a breakdown in the marital relationship, while incurable insanity requires that one party be declared medically insane. Either ground can be used to obtain a divorce.

A summary dissolution of marriage is a simplified divorce procedure for couples who have been married for less than 5 years and have no minor children. It allows couples to avoid the traditional divorce proceedings and paperwork by filling out a single form that outlines all their agreed-upon divorce terms. Couples must meet certain criteria to qualify for a summary dissolution of marriage.

In California, either spouse must have lived in the state for at least 6months & in the county(O.C.) where the divorce will be filed for at least three months prior to filing. Both spouses must appear in court on the hearing date.

In California, the process of serving divorce papers is quite simple. The petitioner must file the paperwork with the court and then have it served on the respondent. The respondent must be served in person or through a third-party, such as a process server. If necessary, the court can also arrange to have service by mail.

Yes, you may be able to receive alimony or spousal support in California. Alimony is actually determined on a case-by-case basis & is based on the individual needs of each spouse. Vital factors such as the actual length of the marriage, each party's income and resources, the standard of living, & any health issues can all play a role in determining whether one spouse is entitled to receive alimony payments.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there that overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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Call today for a consultation.

(714) 733-7066