Divorce Attorney Orange County

Our Divorce Legal Services

• Contested & Uncontested Divorce

Jos Family Law specializes in contested and uncontested divorce. In uncontested divorce, both spouses agree to end the marriage on their terms. The settlement decisions are made by the parties. They work together to finalize the terms of their divorce without going to trial. This includes division of marital assets and debts, child custody and visitation plans, and support agreements.

Even if your divorce is uncontested, you can benefit from the legal guidance and support from an Orange County divorce attorney. We will ensure you are not taken advantage of during the process and that the settlement terms are fair to you and your loved ones.

Contested divorce is far more complex. If the spouses cannot cooperate or are bitter towards each other, the only way to resolve the divorce is via court. The process can be drawn out and expensive, with the court deciding on major issues like asset division, child custody, child support, and alimony.

At Jos Family Law, we have extensive experience in handling complex family law issues with aggressive representation in court. While our aim remains to resolve differences with mediation or negotiations, we are formidable litigators when your matter reaches court.

• Child Custody & Visitation Rights

Child custody and visitation can be the most contentious element of the divorce process. Our divorce lawyers in Orange County specialize in child custody matters with a personalized & compassionate approach. The court mandates mediation before both parties present the matter to the court. The judge will always act in the best interests of the child and award custody to the parent who is actively involved in the child's life. While it will prefer a shared custody arrangement where both parents work together, the best interests of the child holds paramount importance. This means if the child's safety or well-being is endangered due to a shared arrangement, the court will award sole custody to one parent.

California Family Code §3011 lays down two types of custody, known as physical and legal custody.

• Physical Custody

Physical custody refers to which parent the child will primarily reside with. This arrangement can be sole or joint. If the parents share physical custody, the child will spend an equal amount of time with both parents. In sole custody, one parent maintains primary custody, spending the majority of time with the child, while the other parent will get visitation rights on weekends and holidays.

• Legal Custody

Legal custody refers to who makes parenting decisions on behalf of the child. It involves making important decisions for child-rearing. In shared legal custody, both parents can decide where the child will go to school, make major healthcare decisions, and which extra-curricular activities the child will participate in. On the other hand, in a sole legal custody arrangement, the parent with custody can make all the decisions themselves and doesn't need to consult with the other parent.

• Spousal Support & Alimony

The court awards spousal support when one spouse earns considerably less money. Alimony restores parity between the parties and ensures both spouses maintain the same standard of living as before the divorce. Spousal support can be temporary or permanent. The court will consider the length of the marriage and whether one spouse had missed career or educational opportunities because they supported the other's career or raised a family.

California Family Code §4320 talks about temporary and permanent child support. Generally, alimony is paid based on how long the spouses were married. If you are mentally and physically capable of providing for yourself, you'll receive alimony for a limited amount of time to adjust to your post-divorce life and gain employment.

It's important to note that spousal support arrangements can be modified. Factors like job loss, decrease in wages, disability, or illness, are valid grounds to alter spousal support. Other factors that may modify alimony are considerable improvement in a spouse's circumstances, one spouse remarrying or registering a domestic partnership, or career success that results in an increase in wages.

Speaking to an Orange County divorce attorney can answer any questions you may have regarding spousal support. Our attorneys understand the legal intricacies and can offer insights and advice on how to navigate the process. We will help you understand how much support you may receive or pay and for how long. At all times, our lawyers will tailor strategies as per your unique situation to obtain the desired results.

• Property & Asset Division

One of the most complex aspects of a divorce is asset division. California is a community property state, which means all marital assets and debts are divided 50/50 after divorce. Assets like salary, real estate, bank accounts, retirement accounts, business interests, capital gains, pensions, and stock options acquired during the marriage fall under community property and are subject to equitable division.

Remember that separate property will not be included during the division process. Separate property includes gifts, inheritance, and other assets acquired before the date of marriage and after the date of separation. If you and your ex-spouse cannot segregate the community and separate property, a judge will do it for you. For this reason, it's imperative to work with a family law attorney who can protect your financial interests.

The distribution process can be highly complex. It's best to hire a divorce attorney in Orange County who will meticulously review your financial documents to identify marital assets, debts, and properties and ensure you get a fair share of what's rightfully yours. At Jos Family Law, we have certified divorce attorneys and access to analysts who can handle all financial aspects of divorce. This allows us to meticulously manage asset division during your divorce.

• Mediation & Alternative Dispute Resolution

Divorcing couples have a few options to resolve their divorce without the contentious litigation process. The decisions made during divorce can impact your family for many years, which is why it's best for the parties to agree to the terms in a cooperative setting rather than a confrontational one.

Collaborative procedures such as mediation can resolve divorce quickly and confer more control to the parties over the outcome. On the contrary, the traditional litigation route involves the court making determinations in the final divorce decree.

Mediation empowers both parties to resolve differences in the presence of a neutral third-party mediator who facilitates communication and cooperation. They help both spouses reach common ground on the various issues of divorce, including child custody and asset division. This is an amicable and less expensive & time-consuming way to finalize marriage dissolution.

Couples can also resolve matters outside the courtroom by negotiating with each other in the presence of their attorneys. In addition, they may hire a private arbitrator to speed up the process and reach common ground in their settlement agreement.

Speak with our experienced divorce attorneys in Orange County to determine whether mediation and ADR may be beneficial in your situation. At Jos Family Law, we help clients make informed decisions that benefit them and their children. We're committed to achieving the best results in a cost-effective manner to help you move on to the next chapter in your life.

Schedule a consultation with us today.