Our mission is to provide the highest quality representation and personalized attention to every client. We are committed to helping families through dire situations in their lives. We solely focus on family law but offer full-service expertise to tackle every aspect covered under the California family law system.
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1. Divorce
Divorce can have significant emotional, financial, and legal ramifications. If you are going through or expecting a divorce, it’s crucial to understand California’s divorce laws and make informed decisions.
California is a no-fault state, which means neither spouse needs to cite wrongdoing as grounds for getting divorced. If a petition is filed, the divorce will proceed even without the non-filing spouse’s consent. The petitioner need only cite irreconcilable differences or legal incapacity of the other spouse to obtain a divorce. From hereon, their divorce can be either contested or uncontested.
- Uncontested Divorce: Both spouses agree on child custody, child support, spousal support, and property division.
- Contested Divorce: The spouses disagree on key aspects of their divorce, requiring the court to intervene and resolve the dispute.
A Huntington Beach divorce lawyer can ensure compliance with state laws and procedures, represent you in negotiation settlements, and advocate for your rights in court, if necessary.
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2. Child Custody & Visitation
California courts prioritize the best interests of the child when determining custody arrangements. Custody disputes can be complex and emotionally overwhelming. As a parent, hiring legal representation is the first step to protecting your parental rights.
In California, child custody is of two types, each defining parental rights and responsibilities. Legal custody defines the parent’s decision-making authority on important matters in the child’s life, including education, healthcare, and religious upbringing. Physical custody refers to where the child will primarily live. Joint custody gives both parents shared responsibilities, whereas sole custody gives one parent primary custody and the other potentially has visitation rights. Courts encourage co-parenting unless it is detrimental to the child’s best interests. The child’s best interests are determined by:
- The child’s age and needs
- The ability of each parent to care for the child
- The child’s relationship with each parent
- Level of cooperation between the parents
- History of substance abuse or domestic violence of either parent
At Jos Family Law, we understand how difficult this time is for you. We can mediate, negotiate, or litigate a solution that secures your child’s best interests and protects your parental rights.
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3. Child Support
Both parents have the legal duty to support their minor children until 18 years of age, and sometimes, beyond that. The intention of the law is to minimize the impact of divorce or separation on children. Child support helps maintain the child’s standard of living as it was during the marriage. It also ensures the lower-income spouse lives a better quality of life so that the child’s needs are met. Courts determine child support based on income, living expenses, the time the child spends with each parent, the number of children, and various other factors.
The child support attorneys at Jos Family Law can help you navigate the financial concerns you have for your child. We will help both parties reach an agreement in their child’s best interests. Our law firm understands that every family is unique, so we personalize and plan every action to cater to your family’s needs.
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4. Spousal Support
Spousal support, or alimony, intends to help the financially disadvantaged spouse maintain stability after divorce. Alimony is not necessarily granted as part of the divorce decree unless a spouse specifically requests it. The court will assess various factors, such as the length of the marriage, the standard of living established during the marriage, the earning ability of both spouses and contributions made to the household or career by the requesting spouse. Based on these factors, the court may either award temporary alimony, lasting for a specific duration until the spouse can achieve financial independence, or permanent alimony which only terminates upon death or remarriage. Our Huntington Beach family lawyer will advocate for a fair alimony arrangement that is consistent with the financial realities of both parties.
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5. Domestic Violence & Restraining Orders
Victims of domestic violence have legal protection under California laws. Domestic violence includes any abuse or threat of abuse made against an intimate partner or family member. The court has the authority to issue protective orders that prevent the abuser from contacting, coming near, and harming the victim.
Common types of restraining orders include:
Emergency Protective Order (EPO): Provides immediate, short-term protection (5-7 days).
Temporary Restraining Order (TRO): Issued as an ex-parte order by the court until a full hearing can take place. Typically valid for up to three weeks.
Final Restraining Order: Issued after a court hearing by the judge. It can last up to 5 years.
A Huntington Beach family lawyer can help you obtain protective orders and ensure enforcement to protect you and your loved ones against harm.
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6. Prenuptial & Postnuptial Agreements
Marital agreements establish financial arrangements if the spouses divorce or separate. These agreements may be created before or during a marriage and clearly outline the financial responsibilities of both parties. Marital agreements protect the financial assets of the parties and address financial disputes once the marriage is over.
As experienced family law attorneys, we can draft prenuptial and postnuptial agreements to minimize the financial stress in your marriage.
