Family Law Attorney Mission Viejo

Our Practice Areas

At Jos Family Law, we offer compassionate guidance with result-driven legal representation. Whether you are going through a divorce or a custody battle, our attorneys are here to protect your rights and secure your family’s best interests every step of the way.

• Divorce

  Divorce can have significant emotional and legal consequences on your life. Our focus is on minimizing the stress, conflict, and cost of your divorce. With a strong grasp of contested and uncontested divorce, we will help resolve all issues like child custody, support, and property division. From explaining your rights to the final judgment, our attorneys will stand by your side and work tirelessly to achieve a favorable outcome.

  We specialize in:

  1. Evaluating Your Options: Determining whether divorce or legal separation is best for your situation.
  2. High Asset Divorces: Helping high net-worth individuals navigate the intricacies of a California divorce.
  3. Mediation & Collaborative Divorce: Finalizing divorce settlements in a conflict-free environment.

• Child Custody & Visitation

  At Jos Family Law, your child’s health, stability, and happiness are at the very center of our legal practice. With a strong grasp of California child custody laws, we help clients create custody and visitation arrangements that protect their rights as parents, secure the best interests of their child, and preserve their family bond.

  We specialize in:

  1. Creating Parental Plans: Establishing physical custody, legal custody, and visitation rights.
  2. Enforcement of Custody Rights: Protecting your rights if the co-parent violates the custody arrangement.
  3. Modification of Custody Orders: Modifying existing custody orders when circumstances change, such as job loss or income changes.
  4. Relocation Cases: Representing both sides for requesting or challenging relocation requests with the child.

• Child Support

  Child support is determined once custody is established. We help parents understand their rights and obligations to ensure their children have the support they need to succeed in life. Our law firm can create fair and accurate support arrangements based on your unique situation, whether you are paying or receiving support.

  We can:

  1. Calculate Support: Determining how much you will pay or receive using California’s guideline formula and considering additional expenses like healthcare, daycare, education, etc.
  2. Establish Child Support: Ensuring your children are supported in a manner suitable to their circumstances.
  3. Modify Child Support: Modifying child support due to income changes, custody violations, or financial instability.
  4. Enforce Child Support: Enforcing unpaid child support through legal mechanisms.

• Spousal Support (Alimony)

  Alimony is paid by the higher-earning spouse to the financially disadvantaged spouse after divorce. We advocate for fair arrangements that align with your financial situation and California laws. Whether you need support or expect to pay, we will guide you through to a favorable outcome by mediation, negotiation, or litigation, as needed.

• We can help with:
1. Temporary & Permanent Spousal Support: Ensuring you get fair support during and after the divorce proceedings.
2. Enforcement of Alimony Orders: Using legal mechanisms to ensure your ex-spouse abides by the spousal support order.
3. Modification of Spousal Support: Requesting a modification of spousal support orders when circumstances change considerably.
4. Termination of Spousal Support: Putting an end to spousal support when specific conditions are met.

• Property Division

  As a community property state, in California, all assets and debts acquired during the marriage are divided equally between the spouses after divorce. Our seasoned advocacy means we are proficient in identifying community v/s. separate property, valuing all marital assets & debts, uncovering hidden assets, and ensuring a fair and just division that secures your financial future.

  Our attorneys can skillfully:

  1. Identify & Appraise Community Property: Segregate marital property from separate property and conduct a valuation of marital assets & debts.
  2. Business & Real Estate Division: Specializing in the division of complex businesses and real estate, including marital homes, vacation homes, and rental units.
  3. Investigate Hidden Assets: Uncovering assets hidden or undervalued by your spouse.

• Domestic Violence & Restraining Orders

  Domestic violence in California doesn’t just include physical abuse - but also emotional abuse, psychological abuse, sexual abuse, financial abuse, and digital abuse. If you or your child are victims of domestic violence, we will act swiftly to secure protection for your family by obtaining restraining orders.

  We can assist with:

  1. Emergency Protective Orders Coordinating with law enforcement officers to obtain immediate protection for you and your loved ones.
  2. Temporary & Final Restraining Orders Ensuring the long-term safety of your family by preventing the abuser from contacting or coming near you or your children.
  3. Court Representations Presenting a compelling case on your behalf to establish restraining orders or challenge them.

• Prenuptial & Postnuptial Agreements

  Prenuptial and postnuptial agreements are marital arrangements that override community property rules. A prenuptial agreement is created before the marriage, whereas a postnuptial is created during the marriage. Our attorneys will draft, review, and enforce marital agreements to protect your assets and maintain clarity in your marriage.

  We can guide & support you with:

  1. Drafting Agreements: Creating marital agreements by analyzing your current finances and anticipating future needs.
  2. Financial Disclosures: Ensuring transparent disclosures of all assets and liabilities by both parties.
  3. Enforcing Agreements: Petitioning with the court to ensure your spouse honors the terms of the agreement.

Our Attorneys Focus on Your Family’s Well-being

Every family is unique, and so are their needs, situations, goals, and dynamics. If you want your family’s well-being while protecting your rights in a divorce, you need an attorney who understands your situation, has experience handling similar cases, and can tailor strategies to meet your needs. At Jos Family Law, our Mission Viejo family law attorneys have two goals:

1. Being accessible at all times, explaining your rights and options, and helping you make informed decisions regarding divorce, child custody, child support, spousal support, and property division.
2. Providing amicable solutions to build a solid foundation for your future.

We prioritize mediation and collaborative divorce whenever possible, helping our clients move forward without the stress, costs, and uncertainties of courtroom litigations. However, when trial is the only way forward, our attorneys are up to the challenge. We have a solid trial record of assisting clients in contested cases, be it co-parenting issues, post-divorce financial considerations, or protecting their assets.

Key Considerations in California Family Law

Understanding California family laws and procedures is the first step to making informed decisions that lead to favorable outcomes. Here are a few basic considerations to remember while navigating family law issues in California:

• California is a no-fault divorce state

  You don’t have to establish fault or wrongdoing to file a divorce. Citing irreconcilable differences is enough, the only other ground being legal incapacity.

• Six-month waiting period for divorce

  California imposes a six-month waiting period from the time of service to the non-petitioning spouse before the divorce can be finalized.

• Community property rules may apply.

  Assets and debts acquired during the marriage are divided equally between the spouses, unless there’s a valid prenuptial or postnuptial agreement stating otherwise.

• The best interests of the child standard govern custody.

  The courts prioritize the best interests of the child over fairness to parents, when deciding custody and visitation schedules. This legal standard focuses on the safety, stability, and well-being of the child.

• The Parental duty to support minor children

  California family laws state that both parents have the responsibility to financially support their children in a manner suitable to the child’s circumstances. This parental obligation holds true even if the parents are unmarried or the child is adopted.

• Alimony is not automatically granted

  Spousal support is not guaranteed after divorce or separation. The court looks into the length of the marriage, earning capacity of both parties, standard of living during the mariage, and whether one spouse contributed towards the other’s career or education. Based on these parameters, it will decide whether alimony should be paid, and if so, how much.

• The right to obtain modifications

  Child custody, child support, and spousal support can be modified at a future date if there’s a significant change in circumstances.

• Court-ordered mediation for child custody disputes

  When parents cannot agree to a parenting plan, the court will order them to attend mediation to resolve the dispute before it allows the parties to litigate. The court-ordered mediation is mandatory, encouraging the parents to create a plan in their child’s best interests rather than going to trial.

How Does a California Court Determine the Best Interests of the Child?

Child custody disputes can be emotionally challenging and overwhelming, but parents must understand how child custody is evaluated by the court. The judge will take into account a host of factors to determine child custody, including:

• Parental Stability

  In a custody dispute, priority is always given to the parent who has the ability to provide a stable home environment for the child. For example, if your spouse has a job requiring excessive traveling and you have been taking care of the child in their absence, the court will be more likely to award custody to you rather than the other parent.

• Primary Caregiver

  If one parent has provided more care, nurturing, and has been actively involved in the child’s life, they will be looked at more favorably in custody decisions.

• Mental Health & Emotional Stability of Parents

  A parent suffering from emotional instability, mood disorders, or an untreated mental illness is less likely to get custody.

• Physical Health of the Parents

  If a parent is suffering from an illness or disability or is otherwise unable to care for the child due to health issues, it may affect custody decisions

• The Financial Ability of Each Parent

  The financial ability of each parent also plays a key role in the awarding of custody. For example, if one parent is unemployed or doesn’t have the financial ability to provide a stable home, the other parent will get custody.

• Drug or Alcohol Abuse

  Substance abuse has a significant impact on child custody. The court will want a home for the child where there’s a positive environment that promotes their health and happiness.

• Spousal or Child Abuse

  Evidence of spousal abuse or child abuse/neglect will be weighed against the parent. They may even face loss of custody and visitation rights, along with criminal charges.

• The Child’s Preferences

  The court will consider the child’s preferences if the child is old enough to make a reasoned choice, generally above 14 years old. However, this is also contingent on the child’s maturity, understanding, and ability to express their wishes independently.

How Domestic Violence Affects Divorce & Family Law in California

California is a no-fault divorce state and does not require parties to a divorce to cite wrongdoing or establish fault. However, domestic violence can significantly affect the outcome of spousal support, asset division, and child custody.

• Divorce

  The presence of abuse in a marital relationship can expedite the divorce process. The court recognizes the seriousness of the issue and may adjust the proceedings to protect victims.

• Spousal Support & Asset Division

  Domestic violence plays a crucial role in asset division and spousal support concerns. The court may award a larger share of the community property to the victim, recognizing the psychological, emotional, and financial implications of abuse. Spousal support may also be adjusted if the abuse led to career disruptions for the victim.

• Child Custody

  Child custody in California is decided by the best interests of the child standard - domestic violence being a central factor in its determination. Courts assess whether the child is in danger or how the domestic violence situation has affected them, potentially restricting the abusive parent’s custody rights. The child’s safety and stability are paramount, and the court may rescind custody from the abuser if it feels it may endanger the child. The abusive parent may also face custody restrictions, including limited interactions or completing intervention programs.

• Supervised Visitations

  If the court believes that the child may not be safe, it may order supervised visitation, where the abusive parent spends time with the child in a monitored environment. This maintains the parent-child relationship while also ensuring protection of the child. Supervised visitations may be conducted by designated professionals (social workers, therapists, etc.) or family members or friends.