Family Law Attorney Ladera Ranch

A. Divorce

Divorce, or marriage dissolution, involves several key aspects, such as child custody, support, and property division. While you’re making decisions regarding your children, property, and finances, the emotional & legal complexities can complicate the situation.

As a no-fault state, California allows spouses to file divorce based on ‘irreconcilable differences’ or ‘legal incapacity’. You don’t need to establish fault to dissolve the marriage. If you are expecting or going through a divorce, you must understand the law and the procedures to make informed decisions for your future.

Key considerations include:

1. Qualifying for a divorce: Observing California’s residency requirements
2. Choosing the type of divorce: Filing for a contested or an uncontested divorce
3. Understanding the law: Knowing your rights & duties regarding child custody, child support, alimony, & property division.

Whether your situation requires negotiating or litigating key issues, our Ladera Ranch divorce attorneys will help you navigate the process with clarity and confidence.

B. Child Custody & Visitation

Child custody cases can take a significant emotional toll on parents and children. In California, custody decisions are made in the best interests of the child. The courts decide custody by distinguishing into two types:

1. Physical custody defines where the child will live.
2. Legal custody refers to the right to make important decisions on important matters like education, healthcare, religious upbringing, etc.

The court will consider:

1. The child’s relationship with each parent
2. The child’s health, safety, and emotional ties
3. Co-parenting abilities of each parent
4. Each parent’s ability to provide a stable home environment
5. The child’s preference (if age-appropriate)
6. Any history of domestic violence or substance abuse

The court will analyze these factors and decide whether to award joint custody to both parents or sole custody. If sole custody is given to one parent, the other will typically have visitation rights.

Our Ladera Ranch child custody lawyers have experience in working with parents in creating parenting plans that observe their parental rights and children’s well-being. We can also advocate for a fair outcome in court when necessary.

C. Child Support

Child support is the legal duty of both parents to financially support their minor children. Once custody is decided, the court will order the non-custodial parent (or the higher-earning parent if joint custody) to pay monthly amounts until the child reaches 18 years (or 19 if still in high school).

Child support is calculated by a statewide formula that factors in the timeshare percentage (percentage of time each parent has the child under care), the number of children, the child’s needs, and the earning capacity of both parents.

Key aspects include:

1. Each parent’s income and timeshare with the child will determine who pays support and how much.
2. The court will also consider costs for education, health insurance, and child care, along with other discretionary add-ons.
3. Child support orders can be enforced for unpaid or overdue support.
4. Child support can be modified due to material changes in circumstances, such as job loss, career changes, or the child’s evolving needs.

At Jos Family Law, our Ladera Ranch child support attorneys negotiate to create a fair support plan that provides for your child’s needs. We can also advocate for a fair and compliant order in court to establish, contest, enforce, or modify child support.

D. Spousal Support (Alimony)

Spousal support is not automatically granted in California. Either spouse may request alimony in their divorce petition, and the court will examine various factors to determine whether support should be paid and for how long it should be paid. Spousal support laws aim to ensure the financially disadvantaged spouse maintains the standard of living established during the marriage.

There are two types of spousal support:

1. Temporary Support - A temporary order of support until the divorce is finalized
2. Long-term Support - Post-judgment support, which is determined by factors like:
3. Length of the marriage
4. Each spouse’s income & earning capacity
5. Age & health of both parties
6. Standard of living during the marriage

The death of either party or remarriage of the supported spouse terminates support. Alimony can also be modified due to job loss, income changes, or other material life changes.

Whether you are seeking support, defending against it, or trying to modify or terminate a previous order, our Ladera Ranch spousal support attorneys will advocate for a balanced outcome. We will help you reach a fair support agreement that protects your financial rights and future.

E. Property Division

California follows community property laws, meaning all marital assets and debts are to be divided equally between divorcing spouses. Bank accounts, real estate, vehicles, stock investments, business interests, retirement funds, and intellectual property, to name a few, will be divided equally once the marriage ends. It’s worth noting that property acquired before the marriage or received as an inheritance or gift will not be divided.

Our Ladera Ranch family lawyers are experienced in high net-worth divorces. We assist with:

1. Identifying community & separate property
2. Valuing complex assets like real estate, businesses, investments, etc.
3. Investigating hidden or undervalued assets
4. Negotiating a just & fair asset division plan
5. Litigating contentious high-asset cases

Our attorneys are skilled in collaborative law and formidable at trial, which means we can protect your financial interests and future inside and outside the courtroom.

F. Domestic Violence & Restraining Orders

Domestic violence includes all acts or threats to commit acts of physical, psychological, emotional, sexual, financial, or digital abuse against an intimate partner. Victims of domestic violence may be a current or former spouse, domestic partner, cohabitant, dating partner, co-parent, fiance, or a relative by blood or marriage (within the second degree).

The law shields victims with domestic violence restraining orders (DVROs), which offer immediate and long-lasting protection. The victim may seek emergency relief through an emergency protective order (EPO) or a temporary restraining order (TRO) and long-term relief through a final restraining order. Once issued, a DVRO:

1. Prevents the restricted person from contacting or coming near the victim and children
2. Orders the abuser to move out of the shared home
3. Affects custody/visitation and alimony rights

Our attorneys will act swiftly to secure protection for you and your loved ones. Your safety is our top priority, and we’ll work tirelessly to help you transition to a safer future