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A. Contested & Uncontested Divorce
The decision to end a marriage is never easy. Our attorneys are experienced in helping clients resolve their divorce, child custody, alimony, property distribution, and child support issues.
If you and your spouse can agree to resolve these differences outside court, you can finalize your uncontested divorce quickly and cheaply. But, going to court on any of these issues will make the divorce contested and potentially lengthy & expensive. Your level of cooperation and compromise with your spouse will determine whether your divorce is contested or uncontested.
Regardless of which route you take, you must comply with California’s residency requirement and no-fault system, which can be confusing. Our Fountain Valley divorce attorneys will simplify the process for you and help achieve a resolution that protects your interests and well-being.
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B. Child Custody & Visitation
The pain and suffering of ending a marriage is greater when children are involved. The court takes into account the child’s needs, relationship with each parent, parental ability to care & nurture the child, the child’s preferences, and whether either parent has a history of domestic violence or substance abuse to decide physical and legal custody.
Physical custody determines where the child will live, and the time each parent will spend physically with the child. In joint physical custody, the child spends an equal (or nearly equal) amount of time with both parents, whereas in sole physical custody, one parent is the primary caregiver while the other has visitation rights.
On the other hand, legal custody determines which parent will have the decision-making rights over the child’s education, healthcare, religious upbringing, etc. Legal custody can also be jointly exercised by both parents or one parent’s right exclusively.
It’s worth remembering that the courts prefer joint custody arrangements so that the child has frequent and continuous contact with both parents unless such an arrangement would be detrimental to the child’s best interests.
Our attorneys work with clients to prepare them for the custody process and ensure the outcome serves their needs and benefits the children. We’re also experienced in cases that involve psychological experts, relocation requests, third-party custody cases, custody violations, and modification of child custody orders.
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C. Child Support
After divorce or separation, arrangements must be made by both parents to cover the child’s basic living expenses. The California Family Code lays down the guidelines governing child support, which are enforced through the California Department of Child Support Services (DCSS). The courts use a statewide guideline formula to calculate child support, which factors in each parent’s income, the amount of time each parent spends with the child, and deductions such as retirement contributions, health insurance premiums, and taxes. Generally, the court will order the non-custodial parent to pay support in the form of monthly payments, to the custodial parent.
While the support is calculated using the formula, the court is always guided by the best interests of the child standard. The same holds true for modification of support requests, where either party can modify the order citing a change in circumstances such as job loss, change in income, or a change in parenting time.
If the paying parent refuses or delays the payments, the receiving parent can approach the court to enforce the order. The court has the authority to enforce the order through wage garnishment, contempt of court actions, and license suspensions. Support generally continues until the child turns 18 (or 19 if the kid is still in high school full-time and living at home).
The Fountain Valley child support attorneys at Jos Family Law can help you navigate California’s complex child custody laws, protecting your rights and your children’s best interests every step of the way. Whether you want to establish, enforce, or modify child support, our knowledgeable and strategic guidance will help you achieve the best possible outcome.
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D. Spousal Support (Alimony)
In California, spousal support laws are designed to help the lower-earning spouse maintain a similar standard of living that was established during the marriage. Also known as alimony, spousal support is of two types: temporary (paid during the divorce proceedings) and permanent (paid after the divorce is finalized).
The court will take into account several factors to determine permanent spousal support, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, tax consequences, contributions made towards the other’s education or career, age and health of the parties, and documented history of domestic violence (if any).
Generally, support is ordered for half the length of the marriage for marriages lasting less than 10 years, while longer marriages (above 10 years) can have an open-ended spousal support order.
Spousal support is ordered on a case-to-case basis. Our Fountain Valley spousal support attorneys have represented both sides of the argument. We will gather strong evidence, negotiate in good faith, and if necessary, litigate in court to ensure a fair outcome per the law and your situation.
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E. Property Division
California’s community property laws state that all assets and debts acquired during the marriage are jointly held by both spouses and must be divided 50/50 after divorce or separation. Separate property, or assets acquired before the marriage, after separation, or by gift or inheritance, isn’t divided and remains with the spouse owning it.
The law mandates an equal division of community property, though it practically involves complex valuations of assets like real estate, businesses, investment portfolios, retirement accounts, etc. The court may require forensic accountants, appraisers, and other financial experts to assess the current market value of assets.
The division process can become more complex if the spouses have commingled assets or one of them hides assets. Remember that a valid prenuptial or postnuptial agreement can overrule the equal division rules.
Our attorneys have in-depth experience in high-asset divorces, complex valuations, and uncovering hidden assets. We’ll ensure every asset is properly identified, appraised, and equally divided so that your financial future remains protected.
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F. Domestic Violence & Restraining Orders
Domestic violence is a serious offense and a highly personal issue. California protects victims of abuse by issuing domestic violence restraining orders (DVROs). As experienced attorneys, we understand that facing domestic violence can be life-altering, and we’re here to guide you through with compassion & strategy.
A DVRO protects individuals from abuse or threat of abuse made by someone who’s in an intimate relationship with them, such as a spouse or ex-spouse, partner or ex-partner, co-parent, or family member. Beyond physical violence, domestic abuse involves emotional, psychological, sexual, or financial harm.
To prevent abuse, the court can issue an immediate protective order. Emergency and temporary restraining orders are typically on the same day as they are requested. While the emergency protective order may last 5-7 days, a temporary restraining order can last up to 3 weeks. After 21 days, the court schedules a full hearing where both parties present evidence and testimonies. If granted, the final order can last 3-5 years, ordering the abuser to cease contact, move out of the marital home, surrender firearms, and stay away from protected persons and their children.
When you need protection from abuse and to keep your loved ones safe, turn to our compassionate yet assertive attorneys for help. We understand the difficult emotions at play during this crucial stage and provide clear & respectful guidance at every step of the way.
