Divorce attorney Orange County

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.

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 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.

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!