Family Law Attorney Anaheim

Request a consultation

Anaheim Family Law Attorneys Advocating For Your Family & a Secure Future

Facing divorce or any other family law matter can be overwhelming. A dispute between family members can cause serious conflict and heartache for all parties involved, especially children. Whether you are engaged in a bitter fight with your spouse or willing to settle issues amicably, it is important to remember that you don’t have to go through this challenging time alone. An experienced Anaheim family law attorney can help you achieve a positive outcome and secure your future.

At Jos Family Law, we take a client-centric approach to resolving divorce and family law issues. Our attorneys have 55 years of combined experience in achieving favorable outcomes for clients. Mr. Binoye Jos will help protect your rights and ensure your family issue does not escalate into something more serious later on down the road.

Contact our Orange County law office by calling (714) 733-7066 to schedule a confidential consultation and learn how we can help.

CALL US
(714) 733-7066
Divorce attorney Orange County w-100

Our Practice Areas

We have decades of experience handling all types of divorce and family law matters in California. We advocate for your rights and your children’s best interests in divorce, custody, and support matters.

  • Divorce

    Whether you are dealing with a contested divorce or an uncontested divorce, you don’t have to face it alone. Our divorce attorneys will help you achieve your goals in child custody/support, alimony, and property division matters inside and outside the courtroom.

  • Child Custody

    Child custody disputes hit the closest to home and can be difficult for the whole family. The Anaheim child custody lawyers will find a resolution that aligns with your child’s best interests and your parental rights.

  • Child Support

    Financially supporting your minor children is your legal duty as a parent. We will strive for a fair child support order that fits your child’s needs and your ability to pay.

  • Spousal Support

    If divorce is on the cards, you and your spouse may be at loggerheads over alimony. Our spousal support attorneys in Anaheim will help you reach a favorable outcome, whether you are paying or receiving alimony.

  • Property Division

    California is a community property state, which means the court will divide marital property evenly. We will advocate to secure your personal assets and help you gain what’s important for your stable financial future.

  • Domestic Violence Restraining Orders

    The law protects victims of domestic violence by issuing restraining orders against the abuser. Our attorneys will ensure your safety or defend you against false accusations and obtain a fair resolution in your child custody, support, and other family law matters.

  • Prenuptial & Postnuptial Agreements

    Prenuptial & postnuptial agreements are vital tools to determine property division and spousal support in a marriage. We can draft, review, and enforce marital agreements to ensure your future stability and peace of mind.

  • Post-judgement Modification

    Life doesn’t stay the same. If circumstances change and you need to alter the terms of your agreement, whether child custody/support or alimony, our team will show the court how your current situation warrants a modification.

Compassionate Representation in Contested & Uncontested Divorce

As experienced family law attorneys, we understand the toll that divorce or family law issues can take. Divorce is not just the ending of a marriage, it is also an emotional and financial transition that can affect your life for many years. Whether you are considering a divorce or in the middle of one, it is important to know how divorce laws and procedures in California will affect your rights and responsibilities.

  • No-fault Divorce

    You don’t need to prove fault in a California divorce. The law allows couples to file a divorce based on irreconcilable differences, meaning the marriage is damaged beyond repair. The only other legal ground is incurable insanity.

  • Residency Requirements

    Prior to filing a divorce, either spouse must have lived in the state for at least six months and in the county where the petition is filed for at least three months

  • Contested v/s. Uncontested Divorce

    If you and your spouse agree on all terms, you can file an uncontested divorce, minimizing time, money, and conflict. However, disagreeing on even one issue will make the divorce contested and upon the court to decide.

  • Mandatory Waiting Period

    California imposes a six-month waiting period before finalizing the divorce. This period starts after the petition is served to the non-filing spouse and can be used by both parties to reconcile, gather financial documents, or create settlement agreements.

  • Alternative Dispute Resolution

    Mediation and collaborative divorce are efficient tools to resolve differences outside of the court. These procedures are cheaper and faster than a litigated divorce and also maintain a respectful relationship between the spouses.

Navigating the legal complexities of divorce requires more than experienced representation - you need a compassionate attorney who can understand your unique situation, protect your rights throughout the process, and work toward a fair and amicable solution.

At Jos Family Law, we always strive to minimize the impact of divorce, especially on children, by recommending peaceful resolutions. We can negotiate or mediate an outcome that works for everyone involved and preserves a respectful relationship between you and your ex-spouse. Whether your divorce is contested or uncontested, we will pursue your goals tirelessly with tailored strategies and personalized representation.

Divorce attorney Orange County

Skilled Guidance to Protect What Matters to You The Most

Child custody disputes are hard for parents and even harder for their children. The fear of losing parents and the uncertainty of what’s come can be too much to bear. Bitter conflicts between parents can put further stress on the kids. Being parents ourselves, we understand how difficult this situation is for your family. With you and your child’s well-being in mind, we craft solutions that maintain the parent-child relationship and pave the way for cooperation between the parents.

If you’re going through the challenges of child custody, here’s what you must remember:

  • The Best Interests of the Child

    In California, the best interests of the child are a legal standard used by the court to determine what’s best for the children in custody decisions. Factors include the age, health, and needs of the child, parental stability & ability to care, the parent-child relationship, and history of abuse or violence. Based on these factors, the court will award custody to one or both parents.

    Types of Custody : California recognizes two types of custody:

    1. Physical Custody: Determines where the child will live. It can be joint (shared by both parents) or sole (with one parent).
    2. Legal Custody: Includes the right to make important decisions about the child’s health, education, and welfare. Legal custody can also be shared by both parents or the exclusive right of one parent.

    The parents may share custody rights and responsibilities by creating a parenting plan. If they are unable to do so, the court will apply the best interests of the child standard to make a decision.

  • Parenting Plans & Visitation Schedules

    In the case of sole physical custody, the non-custodial parent generally receives the right to visit the child and spend meaningful time with them. The court will encourage both parents to create a parenting plan detailing custody and visitation schedules. This plan should clearly detail how important decisions will be made, how the parents will communicate, the timeshare percentage (amount of time each parent has the child with them), travel arrangements, extracurricular activities, and other aspects of child-rearing.

  • Mandatory Mediation

    Before the parents go to trial, the court will require them to attend mediation. A neutral third-party mediator will facilitate communication between both parties and encourage them to arrive at a mutually beneficial resolution.

  • Modification of Custody Orders

    The courts recognize that situations may change over time, warranting a modification of the original custody order. If significant circumstances have changed, such as the parent relocating or changes in the child’s needs, the court may allow the modification, subject to the change being in the best interests of the child.

  • Relocation

    If the custodial parent wants to relocate, especially out of California, consent from the co-parent and the court’s approval is necessary. The court will assess the reason for the move and whether it is in the child’s best interests to ratify or deny the relocation request.

  • Custody for Unmarried Parents

    Both parents have equal rights to custody, regardless of marital status. However, an unmarried father must establish paternity through a voluntary declaration co-signed with the mother or a court-ordered genetic testing, to gain his parental rights.

The acutely sensitive nature of child custody cases requires careful handling and a meticulous approach. Our Anaheim child custody attorneys use their negotiation skills to deliver outcomes that work in the long haul. We work closely with parents to create fair parenting plans that are in their child’s best interests.

Father Rights attorney orange county

Ensuring Fair Support for Your Child’s Bright Future

Child support is the legal duty of both parents to cover the child’s living, education, and healthcare expenses. After custody is established, the court will order the non-custodial parent or the higher-income parent to pay monthly dues for the child’s financial well-being. Understanding the basics of California laws will help you prepare for establishing, defending, or modifying child support.

  • Child Support Guidelines

    California uses a statewide guideline formula to calculate the amount of child support. The formula considers factors like each parent’s income, time spent with the child, tax deductions, healthcare premiums, and other relevant expenses to determine how much support should be paid.

  • Child Support Coverage

    Child support typically covers the child’s basic needs, such as food, housing, clothing, education, and healthcare expenses. The court may also require the parent to pay child support add-ons for childcare, uninsured medical expenses, or extracurricular or school-related activities.

  • Enforcement of Child Support

    If the obligated parent falls behind or refuses to pay child support, you can request the California Department of Child Support Services (DCSS) or the court to enforce the order. They will use various tools, such as wage garnishments, income withholding orders, property liens, or suspension of driver’s licenses, to collect past dues and ensure the child is provided for.

  • Modification of Child Support

    Child support can be modified due to a significant change in income, custody arrangements, or financial needs. Either parent may request a modification, showing how circumstances have changed and the proposed alteration.

Our Anaheim child support attorneys represent parents to establish, modify, or enforce child support orders or to defend against unfair orders. We will balance your child’s needs with the ability to pay to reach an outcome that’s just and fair to everyone involved.

Strategic Guidance to Secure Your Financial Future

Spousal support is often the most hotly contested issue in divorce. If there’s a significant disparity in income or earning capacity between you and your spouse, the court will order the higher-income party to pay alimony to the lower-income party. The aim of spousal support is to maintain the marital standard of living of the financially disadvantaged spouse. Here are some key points to remember regarding spousal support:

  • Types of Spousal Support

    There are two types of spousal support:

    1. Temporary Spousal Support: Awarded before the divorce is finalized to maintain the status quo of the parties. The court will look into the needs of the supported spouse and the obligated spouse’s ability to pay.
    2. Permanent Spousal Support: Ordered after the divorce is finalized after consideration of various factors and valid for a specific duration,

  • Factors Affecting Spousal Support

    Unlike child support, spousal support is not based on a formula. The court will evaluate several factors, including:

    1. The Length of the Marriage
    2. Each party’s Earning Capacity
    3. Standard of Living During the Marriage
    4. Contributions Towards Each Other’s Career or Education
    5. Age & Health of Both Parties
    6. Tax Implications
    7. History of Domestic Violence
    8. The 10-Year Rule

    In short-term marriages, typically lasting less than 10 years, spousal support is generally ordered for about half the length of the marriage. For long-term marriages, the duration of spousal support can be indefinite, though it can still be modified or terminated at a future date.

  • Modification or Termination of Spousal Support

    Spousal support can be modified or even terminated if there’s a significant change in circumstances, such as income changes, job loss, retirement, or self-sufficiency of the supported party. The obligation may end altogether if the supported party remarries or either spouse passes away.

    Whether you are expecting to receive or pay spousal support, it can have long-term consequences on your financial health. As experienced Anaheim spousal support attorneys, we help couples reach an agreement on alimony, minimizing the cost & conflicts of litigation. We can also represent you in court and present fact-based arguments to obtain a fair outcome for both sides.

Divorce attorney Orange County w-100

Expert Help For a Just & Fair Property Division

Property divisions in California follow community property rules, which consider all marital assets and debts jointly owned by the spouses. The rule is quite straightforward, but in practice, it is much more complex. If you are worried about your marital home, business, or retirement accounts and want to ensure you get your rightful share, it’s critical to understand the laws and regulations around property division in California.

  1. Community Property Laws

    All assets & debts acquired during the marriage are considered community property. Community property is co-owned by the spouses and subject to equal division after a divorce. It includes income, real estate, retirement benefits, vehicles, business interests, intellectual property, and more.

  2. Separate Property is Not Divided

    Separate property includes all assets and debts acquired before the marriage, after separation, or received by gift/inheritance. It is not divided after divorce and remains the sole property of the respective spouse.

  3. Identification & Valuation of Property Prior to Division

    Before property is divided, it must be identified as community property and valued accurately. This process is more complex than it sounds, as properties like real estate, and businesses can be hard to appraise and even harder to divide. Professional appraisers or financial analysts may be required for expert analysis.

  4. Division of Debts

    Community property includes assets and debts, which means liabilities are divided between the spouses after a divorce. However, the court may deviate and assign debts to the party who benefitted from it or incurred it.

  5. Hidden or Undervalued Assets

    After the divorce is filed, both parties are legally required to disclose their assets and debts. Sometimes, a spouse may try to hide assets to prevent its division. In this case, the court may impose serious penalties, including giving 100% of that property to the other spouse.

  6. Marital Agreements Override Community Property Laws

    Married couples may enter into a prenuptial agreement before marriage or a postnuptial agreement during their marriage and decide how property and debts will be divided in the event of a divorce. These agreements upend community property laws, and the courts will usually honor the contract unless the terms are unfair to either party or one of them entered into the contract unwillingly.

  7. High-asset Divorce Considerations

    The presence of significant assets, such as businesses, can highly complicate property division. Determining the value of the business, income received, and future earning capabilities can be challenging, requiring independent expert analysis.

Property division can become contentious between the parties, which is why having knowledgeable legal representation becomes even more important. As seasoned family law attorneys, we have extensive experience in dealing with high-net-worth divorces. We protect our client’s financial interests, negotiate fair settlements, and ensure they get their share of the marital property.

Don’t risk losing your hard-earned assets - our Anaheim property division lawyers will help you take the right steps to safeguard what’s rightfully yours.

CALL US(714) 733-7066
Divorce attorney Orange County w-100

Compassionate Representation to Protect Your Safety & Rights

Domestic violence can leave a huge dent in the victim and children. In the present, it may endanger the immediate safety of the whole family. As a victim, you have the right to obtain legal remedies that stop the cycle of abuse and help you move on toward a more secure future. Remember that domestic violence can also have serious consequences on child custody, child support, spousal support, and property division. Here are some key points regarding California domestic violence laws:

  • Acts Constituting Domestic Violence

    The law defines domestic violence as an abuse or a threat of abuse against an intimate partner or a family member. It encompasses several acts, including:

    1. Threats or physical abuse
    2. Harassment or stalking
    3. Emotional abuse
    4. Sexual assault
    5. Limiting access to funds
    6. Preventing contact with family & friends
    7. Destruction of property
    8. Disturbing the peace of the other party

  • Defining Victims of Domestic Violence

    In California, victims of domestic violence can be a current or former spouse, dating partner, cohabitant, co-parent, fiancee, or a close family member.

  • Types of Protective Orders

    California courts have the authority to issue three kinds of protective orders to protect victims from abuse:

    1. Emergency Protective Order (EPO): An EPO is issued by law enforcement officers and approved by a judge when there is immediate danger to the victim. It is valid for 7 days, giving the victim time to file a formal request in court.
    2. Temporary Restraining Order (TRO): A TRO is a short-term protection granted by the court until a full hearing can be scheduled. It is granted on an ex-parte basis and is typically valid for 21 days.
    3. Domestic Violence Restraining Order (DVRO): After the findings in the full court hearing, the judge may grant a long-term protective order that may last up to 5 years.
    4. Protections Under a Restraining Order : If granted, a restraining order may:
      • Require the abuser to move out of the shared residence
      • Prevent the abuser from contacting or coming near the victim or their children
      • Rescind custody rights of the abuser temporarily
      • Prohibit the possession of firearms
      • Order the abuser to pay child and/or spousal support

  • Impact Custody Decisions

    A domestic violence charge can heavily influence child custody in California. The courts prioritize the best interests of the child, which makes their safety and well-being paramount in custody decisions. If the judge presumes that an abusive parent is likely a threat to the child, it will most likely result in a loss of custody from that parent. Even if the court allows visitation, it may direct an adult to supervise the parent-child meetings.

  • Modification/Termination of a Restraining Order

    Depending on the circumstances, a DVRO can be extended, modified, or terminated. An action must be initiated in court, specifying the reasons why a modification or termination is warranted and the unlikeliness of future abuse. For example, if the respondent completes an intervention or therapy program and displays non-violent behavior, the court may modify the terms of the no-contact order.

With significant experience, we understand the sensitive and urgent nature of domestic violence situations. Offering strong and compassionate legal support, we help obtain immediate protection for victims and defend those wrongly accused. Your safety and well-being are our priority, and we’ll work tirelessly towards those goals.

Compassionate & Experienced Support When You Need It the Most

The team at Jos Family Law has over 55 years of combined experience in handling family law matters. Apart from our knowledge and expertise in divorce, child custody, child support, alimony, domestic violence, and property division matters, we also understand family dynamics and conflict.

We’re ready to put our experience, skills, and resourcefulness behind you, creating an environment of empathy that guides your family toward conflict-free resolutions. Our attorneys strive for amicable solutions that last, minimizing stress, costs, and time with personalized attention to your case. At Jos Family Law, we treat you like family and give you the priority you deserve.

Schedule a consultation today to learn more about how we can help you and your family.

CALL US(714) 733-7066
Divorce attorney Orange County

Why Hire Jos Family Law Attorneys in Anaheim?

  • 55 Years of Collective Experience

    We are amongst the most experienced law firms in Orange County, with sound knowledge & proficiency in California family law.

  • Client-centric Approach

    Our attorneys are focused on you, your children, your needs, and your goals every step of the way.

  • Reputation

    We have a reputation for excellence, integrity, & zealous advocacy.

  • Personalized Attention

    We provide individual attention & support to every client throughout the legal process.

Jod-Profile.jpg

Binoye Jos

Founder & Lead Attorney

Binoye had a successful career in a multi-billion dollar industry, training and managing marketing directors for more than 20 years before he became a family law attorney with the pure intention of helping people during the toughest times of their lives. He faced a family law dispute of his own and understood the pain and uncertainty families go through in the process.

He faced a child custody dispute, which took 198 filings by two high-profile attorneys and cost over $400,000. With minimal progress, Binoye understood what he had to do. He fired his attorney and represented himself to win 50% of his son’s custody. After attending law school, his life’s purpose was clear to him.

Binoye formed Jos Family Law, a law firm dedicated to family law & divorce in Orange County. He is committed to making a positive difference, helping one client at a time close the chapter and move on towards a happy and secure future with their loved ones.

When you are ready to move forward, call us at (714) 733-7066 to schedule a confidential consultation with one of our team members.

Schedule a Consultation With a Top-rated Anaheim Family Law Attorney

No one knows when family disputes will come knocking on their door. However, when they do, it's important to have a top Anaheim family law lawyer on your side. We know how difficult this process can be, which is why we're here to help make things easier for you.

Our clients are our # 1 priority; we take pride in helping people with various problems related to children, divorce, child custody, and other domestic issues.

When you hire us for representation, our expert team will work tirelessly on your behalf so that you can rest easy - knowing that everything is being taken care of.

Our Anaheim Family Law attorneys are ready to handle all the tough legal battles so you can get back to living your life. Call us at 1 (714) 733-7066 today for a confidential consultation today.

CALL US(714) 733-7066

Frequently Asked Questions

A family law attorney Anaheim can help you with various aspects of family law. Family law issues, like child custody/support, spousal support, and property division, involve complex procedures that are difficult to navigate. Our experienced attorneys use their knowledge & expertise to find a favorable resolution inside and outside the courtroom.

The time it takes to dissolve a marriage will depend on the level of disagreement between the spouses and the issues involved. If you and your spouse can agree to a settlement outside court, you can finalize your divorce in six months. California has a minimum waiting period of six months from the date the respondent was served with the divorce petition. If issues like child custody, asset division, alimony, and child support are contested in court, it will take much longer.

A child custody action can be filed along with a divorce, separation, annulment, domestic violence, or paternity petition. Our Anaheim child custody attorneys can help you file the proper paperwork duly to establish your parental rights.

Spousal support is not automatically granted in a California divorce. The court will examine various factors, such as length of the marriage, income & tax filing status of both parties, whether either spouse contributed towards the marriage, and so on, to determine whether alimony is warranted. Based on these guidelines, it may order temporary or permanent spousal support to be paid to the lower-earning spouse. Speak with our family law attorneys in Anaheim to know whether you may be paying or receiving alimony in your divorce.

That depends. The court will consider the financial contributions each spouse made to maintain the home, the best interests of children, and each spouse’s financial ability to maintain the home independently. In addition, California is a community property state, so every property is either classified as community property or separate property.

Community property is all property acquired by the spouses during marriage, whereas all property acquired before marriage or through gift or inheritance is deemed separate property. Community property is evenly divided in divorce, but separate property is not subject to division.

If the marital home is the separate property of one spouse, it may complicate the asset division process.

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.

(714) 733-7066

jos@josfamilylaw.com

1918 W Chapman Ave Suite 200, Orange, CA 92868

Google Reviews

4.8 (139)

Write a review
cleint cleint

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.

....Read More
cleint cleint

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.

....Read More
cleint cleint

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.

....Read More
cleint cleint

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 who overbill for their services. I truly recommend them.

....Read More
cleint cleint

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.

....Read More
cleint cleint

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!!!

....Read More
cleint cleint

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!

....Read More

Get your consultation today

(714) 733-7066