Family Law Attorney Brea

A. Divorce

Divorce is not just the end of your marriage but also a realignment of your parental responsibilities, property, and finances. California is a no-fault state, which means a divorce can be filed without proving fault.

Divorce can either be contested, where the spouses disagree on various issues and go to court to resolve them, or uncontested, where they agree on all aspects and finalize their divorce themselves via a settlement agreement. Regardless of the path, the spouses must resolve issues like child custody & child support (if children are involved), spousal support, and property division.

From filing the initial petition and negotiating with your spouse to court hearings, our attorneys will guide you every step of the way. We’ll help you understand your legal rights and duties, minimize conflict whenever possible, and protect your interests to achieve a fair & sustainable outcome that helps you move forward in life.

B. Child Custody

Child custody is one of the most emotional aspects of a divorce. California recognizes two types of custody:

1. Legal custody, or the right to make important decisions about the child’s healthcare, education, religious affiliations, etc.
2. Physical custody refers to where the child will live.

Both these types of custody can be either solely or jointly awarded to parents, depending on what courts believe to be the best interests of the child. The court will arrive at the best interests of the child by considering the child’s age & health, parental stability, emotional bond with each parent, and any history of domestic violence or substance abuse.

The parents are entitled to create a custody and visitation schedule, but if amicable means fail, the court will decide custody for them.

As experienced child custody lawyers in Brea, we aim to work with both parents to minimize conflicts and create child-centric plans. However, if amicable means don’t work, we will advocate fiercely for your parental rights and your child’s well-being. Our law firm can also assist in modifying custody orders as your family's needs evolve over time.

C. Child Support

The child support framework in California ensures that minors receive financial support from both parents after separation or divorce. The non-custodial parent or higher-earning parent is required to pay support every month until the child attains majority. The courts calculate child support using a statewide formula that considers:

1. Each parent’s income
2. The amount of time each parent spends with the child
3. The number of children
4. Health insurance premiums
5. Daycare costs
6. Special needs of the child

The parent receiving support can enforce the order if the paying spouse doesn’t abide by the child support order. The court will take appropriate action, such as wage garnishment, suspension of driver’s license, levying contempt of court charges, etc., for non-compliance. Child support can also be modified if circumstances have changed considerably.

We can establish fair child support, seek a modification, and enforce the support order to ensure the financial stability of your children.

D. Spousal Support (Alimony)

Spousal support, or alimony, is the monthly amount paid by one spouse to another following a divorce. It aims to restore the marital standard of living of the lower-earning spouse. In California, spousal support may be awarded temporarily while the divorce is pending or permanently after the divorce is finalized.

The court will look into the following to decide if alimony should be paid, what amount needs to be paid, and for how long it has to be paid:

1. Length of the marriage
2. The earning capacity of both parties
3. Age & health of both parties
4. Whether one spouse contributed to the marriage

Spousal support can be terminated upon the death of either party, remarriage of the supported party, or the court-set date. It can also be modified if material circumstances have changed, such as job loss, income changes, etc.

At Jos Family Law, we will answer your questions, address your concerns, and provide tailored support to help you navigate the complexities of spousal support.

E. Property Division

California family laws classify property into two types: community property and separate property. This makes it a community property state, where all marital assets are divided 50/50 after a divorce or separation. Here’s what it means:

1. Community Property: Includes all property acquired in the marriage by either spouse. Bank accounts, investment plans, retirement funds, real estate, vehicles, & intellectual property, to name a few.
2. Separate Property: Refers to all assets & debts acquired before the marriage or after separation or received as an inheritance or gift.

Separate property is not divided after divorce and remains the personal property of the owner. However, complications may arise if the spouses have commingled assets or one spouse tries to hide assets.

Property division can get contentious between divorcing couples. As experienced property division lawyers in Brea, we can help you navigate California’s property division laws, ensuring all marital assets and debts are split equally, and you retain what’s rightfully yours.

F. Domestic Violence & Restraining Orders

Domestic violence is defined as an act of abuse or a threat of abuse perpetrated against a current or ex-spouse, current or ex-partner, cohabitant, co-parent, fiancee, and individuals related within the second degree by blood or marriage. It encompasses various forms of abuse, including physical abuse, emotional abuse, psychological abuse, sexual abuse, financial abuse, and digital abuse.

As a victim, it’s important to know the protections and relief available to you. If you have suffered any form of abuse, you can request a protective order, which prevents the abuser from contacting or coming near you and your children. There are three types of restraining orders:

1. Emergency Protective Order (EPO) - Issued by law enforcement officials for immediate protection, giving time to the victim to approach the court for relief. Typically valid for 5-7 days.
2. Temporary Restraining Order (TRO) - Issued as an ex-parte order by the court to offer temporary protection to the victim until a full hearing can be conducted. Typically lasts for 2-3 weeks.
3. Final Restraining Order - Issued by the court after hearing both sides. Can last up to 5 years.

Our compassionate attorneys will ensure your safety by helping you obtain a restraining order. We’ll assist you in filing the paperwork, represent you in court, and secure your family’s well-being.