Family Law Attorney Santa Ana

Dedicated to Help You Through Life’s Major Challenges

Divorce is amongst the most emotionally and legally challenging life experiences. California has its own set of rules and regulations, and couples undergoing a divorce must be familiar with the legal framework and prepare for the journey ahead. Whether your divorce is contested or uncontested, knowing what to expect is essential to protect your children, property, and finances.

Understanding Divorce in California

California is a ‘no-fault’ divorce state, so either spouse may file for a marriage dissolution without having to prove wrongdoing or establish fault. The only requisite grounds are irreconcilable differences and legal incapacity. However, you must qualify for California’s residency requirements before you can file a petition. You or your spouse must be living in the state for at least six months before filing the petition, and in the County where the petition is filed for at least three months.

Once you qualify, you can start the divorce process by filing a petition with the local family court and serving a copy to your spouse. After this, you’ll have to wait for six months before divorce can be finalized. During this time, you and your spouse can negotiate or mediate to resolve issues like child custody, child support, spousal support, and property division. If a settlement cannot be reached, the court will address these matters for you.

As compassionate and experienced divorce attorneys, we will guide you through the process, protecting your rights and interests along the way. Whether you are going through a custody challenge or need to ease your post-divorce transition, we will work tirelessly to help you reach a fair and efficient resolution.

Protecting What Matters the Most to You - Your Children

Child custody laws are complex and deeply personal. In California, courts prioritize the best interests of the child, considering factors like:

1. The child’s age & needs
2. Relationship with both parents
3. Parental ability to provide a stable home environment
4. History of abuse or neglect
5. The child’s preferences.

As a parent, you must be well-prepared to obtain custody of your child. This includes providing a caring, nurturing, and stable environment to your child, willingness to co-parent even after divorce, and being involved in your child’s education, healthcare, extracurricular activities, etc.

As experienced Santa Ana child custody attorneys, we will help you navigate every stage of the child custody process. Deeply understanding your situation, we will explain your rights and responsibilities under the law, negotiate with both sides to draft a comprehensive parenting plan and secure your child’s best interests and your parental rights with mediation or litigation, as needed. At all times, we will strive to preserve your relationship with your child and ensure their long-term well-being.

Focused on Your Child’s Future: Ensuring Fair Support

A critical component of divorce is child support, which ensures the financial stability of the child after parents separate. Child support in California is calculated by a guideline formula that takes into account each parent’s income, time spent with the child, and relevant expenses like childcare costs and extracurricular activities. While the formula serves as the basic guideline, the court has the discretion to determine support based on the individual facts of the case.

With extensive experience in helping families secure support, our Santa Ana child support attorneys will help you understand the law and your rights, prepare for the process ahead, and obtain a fair and just amount. Whether you want to establish, contest, modify, or enforce child support, our law firm will provide unwavering support to secure an outcome that balances your child’s needs with your ability to pay.

We can also assist with exercising your rights and responsibilities by negotiating a child support agreement with the co-parent.

Safeguarding Your Assets & Future with Skilled Representation

Often the most complex area of divorce, especially in high net-worth marriages, property division is governed by California’s community property laws. It states that all assets and debts acquired during the marriage are divided equally. Community property includes real estate, bank & investment accounts, pensions and retirement funds, business and professional practices, vehicles, valuables, intellectual property, and debts. But, this doesn’t mean that every asset you own will be divided.

Types of property include:

1. Community Property - All assets and debts jointly acquired by the spouses during the marriage.
2. Separate Property - Assets & debts brought into the marriage by each spouse or received as a gift or inheritance.
3. Commingled/Mixed Property - Intermingled community and separate assets.

The law is clear, but identifying what is community property and what is separate is not always easy, especially if the spouses have mixed or commingled their assets. The court may also have to rely on the expert analysis of forensic accountants & business appraisers to correctly identify and value community property.

Our experienced Santa Ana property division lawyers will work closely with you to:

1. Identify & value assets & debts
2. Trace hidden assets by your spouse
3. Negotiate or mediate property settlements
4. Represent your interests in court for a fair property division

As your trusted advocates, our goal is to help you reach a favorable resolution that protects your financial future and ensures stability. We have a positive track record in high-asset divorces, helping clients retain what they deserve.

How Prenuptial & Postnuptial Agreements Alter Property Division?

While California property division laws state equal distribution, there are ways you can protect your assets and have more control over the division. By entering into a prenuptial or postnuptial agreement, you and your spouse can set your terms, decide how marital assets will be divided, and override community property rules. Here are the basics of both:

Prenuptial Agreements

1. A pre-marriage agreement outlining property division rules
2. Determines what happens to a property when the marriage ends or either spouse dies
3. Protects assets from division that are otherwise considered community property
4. Establishes or waives off spousal support

Postnuptial Agreements

1. Sets the rules for asset division during the marriage
2. Determines which spouse owns or will own a specific property, including assets & debts acquired during the marriage

Upon divorce, either of these marital agreements will prevail over equal division rules. These arrangements give you greater flexibility and control over assets you want to retain, avoiding confusion and complexities down the road.

At Jos Family Law, we can draft clear, valid, and enforceable marital agreements that comply with California laws. We can also resolve disputes involving existing agreements. Protect your assets and relieve stress by consulting with our Santa Ana family law attorneys today.

Impact of Domestic Violence on Child Custody & Support Obligations

Domestic violence has a significant impact on child custody, child support, and other aspects of family law. The court takes allegations of abuse seriously, especially if they endanger the safety and well-being of children. Having a history of abuse can affect your custody rights, child support, and spousal support obligations.

1. Child Custody

   California law prioritizes the child’s best interests and safety in custody decisions. A violent parent may face restrictions over custody and visitation rights. If the child’s safety is a concern, the court may order supervised visitations, where a relative or a social services member will oversee the visitations between the parent and the child. In extreme cases, the court may even revoke the legal and physical custody rights of the abusive parent.

2. Child/Spousal Support

   A parent’s abusive history may also be taken into account when determining the ability to pay support, especially if it leads to financial instability or curtailed earning capacity of the other party. The court may also modify child/spousal support orders if the abusive parent loses employment or is unable to contribute due to their violent actions.

We will act immediately to file restraining orders and ensure the safety of your children in custody and support matters. We are here to help you understand your rights and options and take the necessary steps to protect your family.

Preparation is Key

At Jos Family Law, we believe that keeping our clients informed and helping them prepare is the first step toward a successful resolution. As seasoned Santa Ana family law attorneys, we will anticipate all challenges that lie ahead, build a compelling case, and keep you well-informed from beginning to end.

Here are some ways you can prepare for your family law case:

1. Gather Documents

   Both parties must disclose their finances, assets, and debts for property division and support matters. Collect documents related to tax returns, pay stubs, bank and retirement account statements, and all records of community and separate property.

2. Separate Finances

   If you are planning or expecting a divorce, it’s crucial to open separate accounts. Start directing income to your personal accounts, freeze or clear jointly owned debts, and ensure you don’t combine separate assets with community property. This will simplify the division process while protecting what you own individually.

3. Determine Custody & Parenting Plans

   If you have children, it's pivotal to uphold their best interests and well-being during the divorce process. If you and the co-parent can cooperate and communicate respectfully, you must discuss custody arrangements, decision-making responsibilities, and visitation schedules. Courts in California are more likely to award joint custody to parents who can work together without animosity or conflicts.

4. Obtain Legal Counsel

   Consult with a family law attorney if there’s a likelihood of divorce or family law issues. Knowing your rights and options at the onset will empower you to make informed decisions and prevent the other side from taking advantage of your situation.

5. Explore Alternative Dispute Resolution

   A litigated divorce can consume much of your time, cost, and resources. Consider mediation or collaborative divorce to minimize stress and conflict while having greater control over the outcome.

6. Seek Support

   Divorce and custody issues can take an immense emotional toll. If you are finding it difficult to manage, seek help with therapy or support groups to minimize the psychological toll of such issues.

Divorce may be a painful end to your marriage, but it’s also an opportunity to start afresh. When preparing for a divorce or a family law matter, it’s pertinent to not just prepare to navigate the legal framework, but also deal with the high emotions that are associated with such transitions. With thorough planning, preparation, and collaboration, couples can move forward amicably to the next chapter of their lives.