Family Law Attorney Seal Beach

Our Family Law Services

At Jos Family Law, we specialize in a range of family law matters, including:

• 1. Divorce

  California’s no-fault divorce laws allow spouses to file for the dissolution of their marriage without citing a reason or establishing wrongdoing; stating irreconcilable differences is enough. You can start the divorce process if you or your spouse have lived in California for six months and in the county where the petition will be filed for three months. Thereafter, you can file for a:

  1. Contested Divorce : When you and your spouse cannot agree to child custody, child support, alimony, or property division matters, your divorce will be contested in court. The judge will decide on these matters based on California family laws.
  2. Uncontested Divorce : If you and your spouse agree on key matters, you can create a settlement agreement by mediation or collaborative law and finalize your divorce outside the court.

  Divorce is a stressful and challenging time for your family. We strive to simplify the process, working hard to resolve your case as amicably and quickly as possible.

• 2. Child Custody

  Parents going through a divorce or separation must keep in mind their children's best interests when making decisions. This is because the law in California prioritizes the child’s safety and well-being over fairness to parents; so if you cannot agree to a custody arrangement with your ex outside the court, the judge will decide based on the best interests standard.

  The court will determine where the child will live (physical custody) and who will make important decisions regarding the child’s education, healthcare, religious upbringing, and overall well-being (legal custody) by looking into:

  1. The child’s age & needs
  2. Relationship with each parent
  3. Parental ability to care for the child and provide a stable home environment
  4. The willingness of each parent to co-parent
  5. Parental history of domestic violence or substance abuse
  6. The child’s preferences (if age-appropriate)

  It is important that parents come to a custody arrangement, without relying on the court to decide what’s best for their child. At Jos Family Law, we are experienced in solving complex parental disputes, including parent’s rights, custody & visitation plans, relocation, and modification.

• 3. Child Support

  California Family Code formalizes the legal duty of both parents to financially support their minor children in a manner suitable to their circumstances. After custody is decided, the non-custodial parent pays support to the custodial parent to bear food, clothing, education, healthcare, extra-curricular activities, and childcare costs. In the case of joint custody, the higher-income parent pays support.

  Once again, the best interest of the child is paramount. The court will ensure the child’s financial needs are met by determining the amount of support based on the following factors:

  1. Income & earning capacity of each parent
  2. How much time each parent spends with the child (the parenting plan)
  3. The number of children
  4. Other discretionary factors

  These factors are used in a guideline formula that establishes how much support should be paid. If the obligated parent doesn’t pay support, the receiving parent can request an enforcement order from the court or the Department of Child Support Services (DCSS). All past dues will be collected by wage garnishment, along with other penalties like contempt of court charges, suspension of driver’s license, etc.

  Our Seal Beach child support attorneys are here to guide you through child support complexities with care and confidence. At all times, we prioritize your child’s well-being. Whether you need to enforce or modify child support, we are ready to protect your rights every step of the way.

• 4. Spousal Support (Alimony)

  California law allows a financially disadvantaged spouse to request alimony from the higher-earning partner. Spousal support is separate from child support; it aims to restore the living standard that was established in marriage for the lower-earning spouse until he/she can achieve financial independence.

  The court may order temporary spousal support to be paid during the divorce proceedings. Once finalized, it may order the higher-income party to pay long-term alimony. Whether alimony is warranted and how much should be paid depends on:

  1. Both party’s age and health
  2. Income & earning capacity of both spouses
  3. Length of the marriage
  4. Whether one spouse contributed towards the other’s career or education
  5. Spousal history of domestic violence
  6. Other factors

  Spousal support can be modified upon change of circumstances, such as job loss or income changes. It can also be terminated if either party dies or the supported party remarries or enters into a separate domestic relationship.

  We understand the complex nature of divorce and its emotional and financial impact. Whether you are expecting to pay or receive alimony, we will help you find economic stability by pursuing a fair outcome. With a deep understanding of your situation and tailored strategies, we will work tirelessly to establish, contest, enforce, or modify spousal support.

• 5. Property Division

  If you are going through a divorce or separation, all assets and debts you and your spouse have acquired during the marriage (community property) will be divided equally. This includes bank accounts, real estate, vehicles, business interests, stock investments, retirement funds, intellectual property, etc. Meanwhile, all property acquired before the marriage or received by gift or inheritance will remain your separate property. In other words, it won’t be divided.

  Property division cases can get highly complex. You and your spouse must disclose financial information, after which the court will identify community versus separate assets and conduct a valuation of complex assets, aided by forensic accountants and business appraisers if need be.

  Property division is perhaps the most complex of all family law issues. As experienced property division attorneys, we will:

  1. Protect your personal property
  2. Identify and value all marital assets accurately
  3. Investigate & uncover hidden assets by your spouse
  4. Ensure the just & fair distribution of jointly-owned assets

  Our attorneys will explain your rights & entitlements and guide you through the process.

• 6. Domestic Violence & Restraining Orders

  Domestic violence encompasses various forms of abuse. The California Family Code describes it as an act of abuse or threatening to commit abuse against a current or former spouse, dating partner, domestic partner, fiancee, co-parent, or family members related by blood/marriage.

  The law protects victims of domestic violence by issuing restraining orders. These protective orders are issued to ensure the safety of the victim and children by preventing the abuser from coming near or contacting them in any way. There are three types of domestic violence restraining orders (DVROs):

  1. Emergency Protective Order (EPO) - Issued by law enforcement and valid for 5-7 days, giving time to the victim to seek relief from court.
  2. Temporary Restraining Order (TRO) - Issued by the court clerk and valid for 2-3 weeks. TROs are granted as an ex-parte order until the court can schedule a full hearing.
  3. Final Restraining Order - Issued by the judge after hearing both parties and examining evidence & witness testimonies. Valid for up to 5 years.

  We are here to provide immediate relief and assistance if you think you or your child are in imminent danger. Our compassionate attorneys will provide the resources and support you need to protect your well-being and safeguard your family.