Family Law Attorney San Clemente

Your Family. Our Focus: 360-degree Legal Solutions for Every Situation

A distinguished feature of our practice is our ability to handle simple, uncontested cases to complex high net-worth divorces and everything in between. We have routinely handled complex financial issues, including business interests, trusts, stock options, high-value investments, intellectual property, and more.

Clients needing sophisticated legal assistance rely on our in-depth knowledge and skills to navigate divorce, child custody, support, property division, and domestic violence issues. Our attorneys have been part of landmark judgments on a wide range of matters, including modification and enforcement proceedings. Join hundreds of families who have left our office smiling, happy, and ready to start the next chapter of their lives.

Our Areas of Practice

1. A. Divorce

   When filing for a divorce in California, the first step is to determine which type of divorce you are filing for. There are two types of divorce in California: contested and uncontested divorce.

   1. An uncontested divorce is when both parties agree to the terms of marriage dissolution and reach a written agreement over issues like child custody & parenting plan, child support & spousal support, and the division of marital assets. Each spouse must submit financial statements and additional documents, along with the settlement agreement, for review and potential approval by the court.

   2. In contrast, a contested divorce is when the parties cannot agree on one or more issues. In this case, the unresolved issues are resolved by the court, where the judge determines how custody will be shared, the property divided, and the support considerations.

   Jos Family Law has years of experience in helping individuals through contested and uncontested divorce. If you are experiencing or expecting a divorce and unsure of the next step, we will explain your options and how to move forward.

2. B. Child Custody

   Children often find themselves at the center when their parents get divorced or separated. In California, child custody has the following elements:

   1. Physical custody determines where the child will live. In joint physical custody, the child shares living accommodations with both parents, whereas in sole physical custody, the child remains with one parent for the majority of the time.
   2. Legal custody entails the decision-making rights of parents over the child’s education, medical care, religious affiliations, extracurricular activities, etc. Similar to physical custody, legal custody can also be joint legal custody or sole legal custody.

   The court will generally award joint custody unless it believes there’s a reason why it wouldn’t be in the best interests of the child. The child’s best interests are determined by:

   1. Age and needs
   2. Parenting skills
   3. Each parent’s relationship with the child
   4. Parental ability to
   5. Parental fitness (past records of abuse or violence)
   6. The child’s preference, if they’re old enough to express them maturely

   Whether you’re seeking joint custody or sole custody, it’s crucial to speak to an attorney. Our San Clemente child custody lawyers will help you understand your parental rights and pursue your child’s well-being.

3. C. Child Support

   Child support is the sum that a court orders a parent to pay to cover the child’s needs, such as housing, medical costs, food & education costs, and childcare expenses. Typically, the custodial parent (primary caregiver) receives support from the non-custodial parent on a monthly basis. If parents have joint physical custody, the court will order the higher-income spouse to pay child support to the lower-earning spouse.

   Like most states, California uses a guideline formula to determine how much support should be paid for the children. The primary factors are:

   1. Income of both parties
   2. Number of children
   3. The time each parent spends with the child
   4. The child’s special needs
   5. Additional factors

   Our trusted child support attorneys in San Clemente can help you understand your rights to pay or receive child support. We have decades of collective experience in establishing, enforcing, and modifying child support.

4. D. Spousal Support (Alimony)

   Spousal support, formerly known as alimony, is court-ordered payments after divorce or separation. It requires the higher-earning spouse to help the lower-earning spouse maintain the same standard of living that was established during the marriage for a specific period of time. Spousal support can be:

   1. Temporary: The court orders the higher-monied spouse to pay the lesser-monied spouse while the divorce is pending to help maintain financial stability in the supported spouse’s life.
   2. Permanent: Permanent, or long-term spousal support is ordered after the marriage is dissolved. Despite its name, it does not last forever, and various factors can cause the modification or even termination of spousal support.

   The court will consider the following factors to determine if alimony is warranted:

   1. The length of the marriage
   2. The earning capacity of each spouse
   3. Age & health of both spouses
   4. Contributions to the marriage
   5. Any history of domestic violence

   Whether you’re seeking alimony or expecting to pay, you need compassionate guidance and steadfast representation. Our San Clemente alimony lawyers will create a plan that protects your interests and honors the contributions you made to your marriage. Whether negotiating support or presenting your case at trial, trust us to secure your future and peace of mind.

5. E. Property Division

   Being a community property state, California requires all community property to be divided equally after a divorce. Community property includes all assets and debts acquired during the marriage, be it the marital home, vacation home, real estate, business, bank accounts, retirement savings, or even intellectual property. The law promotes an equitable division based on the total value of assets & debts.

   For division purposes, California treats property in two different ways:

   1. Separate Property: Includes everything owned before the marriage, after separation, inherited, or received as a gift. Separate property is not divided post-divorce or separation.
   2. Community Property: Includes all assets and debts acquired during the marriage. Community property is divided 50/50 (or nearly so) after a divorce.

   While they may seem straightforward, the lines between community and separate property may get blurry sometimes if the spouses have shared businesses or commingled funds.

   At Jos Family Law, our property division lawyers will thoroughly review your assets & debts, negotiate for a just and fair division, advocate for your rights in court, and provide strategic guidance through the process to protect your assets and contributions.

6. F. Domestic Violence & Restraining Orders

   Domestic violence is a serious offense involving an abusive act or behavior perpetrated in a common home. Domestic violence can take several forms, including physical, emotional, psychological, sexual, and financial abuse. These forms of abuse are classified as domestic violence if perpetrated by:

   1. Current or former spouse
   2. Current or former dating partner
   3. Cohabitant
   4. Fiancee
   5. A person with whom you have a child
   6. Individuals related within the second degree by blood or marriage

   Victims of abuse can obtain a restraining order in California to protect themselves and their loved ones from harm. The victim can immediately request an emergency restraining order, which is generally issued the same day. 2-3 weeks after the temporary order, the court will assign a date for a court hearing to determine whether a final restraining order should be placed or not. If ordered, it may last up to 3-5 years.

   Few things are more heartbreaking than suffering abuse at the hands of your partner. Our attorneys can help victims seek relief with protective orders that prevent the abuser from contacting or coming near you or your children. We’re committed to protecting your safety and well-being.