Due to the overwhelming demand for our services, we only accept family law clients in orange county court.
Due to the overwhelming demand for our services, we only accept family law clients in orange county court.
From the majestic views, beautiful pier and miles long stretch of PCH, what is not to love about Huntington Beach, CA. Jos Family Law proudly serves Surf City, USA’s citizen’s family law needs. If you are thinking about getting a divorce or have started the process, odds are you have more questions than answers. These questions range from the necessity of going to court, the necessity of needing an attorney, how you will survive financially after the divorce, and everything in between. That is completely normal and fine to have more questions than answers, and that is what Jos Family Law is here for. Our firm can help you and be your Divorce Attorney Huntington Beach.
The current law says that California is a no-fault state. This strips away old common laws. This means, no one can be punished in the divorce. The family code has made it clear that irreconcilable differences are enough to file for divorce.
The biggest part of the whole divorce that you must remember is that you create your own path in this matter. Each party's actions adversely affect the outcome down to even a social media post. It all becomes a game of chess from the date of separation. It is only beneficial to you and to give your attorney room to work for you, to act as if the world were watching your every move. Being reasonable gets you further in the case, but being respectful, courteous, and polite, despite your feelings towards the other person, will help you more than you know. It helps to read up on the do’s and don’ts of divorce. Educating yourself on the process, and how the court views certain scenarios will make sure you avoid doing something that will land you in hot water. Our firm can help you and be your Divorce Attorney Huntington Beach.
It is important to note that, to file for “Dissolution” in Orange County, you must be a resident of California for at least six months. Additionally, you must be a resident of the county in which you seek to file, for three months. So, in this case, you must have lived in O.C. for at least 3 months. After the initial filing, California law requires that the parties wait six months before the court can enter a final judgment of Dissolution.
To start a divorce, a “petition for Dissolution of marriage or registered domestic partnership,” must be filed with the clerk of the court. Like the name says you’re petitioning the court, or asking them, to dissolve the marriage they have on record for you.
Once that is done, what happens next? The person asking for the divorce, or as we all commonly call it, ‘ filing for divorce’, will have to let the other party know they are trying to dissolve the marriage. This means they will serve them with notice.
After serving the other party, he or she has a limited amount of time to reply. Or, if you have been served, you only have a limited amount of time to reply. This same process of serving the other party, give or take a few forms, applies to separations and annulments.
This is where the game clock starts. Everything you do after can be used against you, hinder your case, or advance it. The same goes for the other party. Ideally, this is why it is best to have legal help early on to make sure you do not do anything that ties your or the attorney’s hands.
A huge part of divorce is the children. When there are children involved, your divorce expands threefold and now includes child support, child custody, and visitation, and in some cases paternity if a party raises issues on it. These child issues can be elaborated on under the custody page. Our firm can help you and be your Divorce Attorney Huntington Beach.
To start, are you divorcing, ending a domestic partnership, seeking a legal separation, or seeking an annulment?
Because we live in the great state of California, ending a domestic partnership will be the exact same as a divorce. Domestic partnerships are afforded the same legal rights as marriages. The only difference is it is a different name to the court. Instead of a Dissolution of Marriage, you are seeking a Dissolution of Domestic Partnership. Every law written to say “spouse” will apply to your partnership but interchangeably apply to your partner.
If you want to have never been married, and the law allows it, you might be looking for annulment. This is where the court “ erases” any trace of that marriage. This will entail you will be “single” rather than “divorced” on paper. Not everyone will qualify. You cannot just annul a marriage because you do not want to have a divorce. Some of the general reasons may be:
You decide what “ type of divorce” you need. Now what…..
Our beautiful state of California is a community property state. This means that any property acquired by either spouse during marriage is split 50-50 in a divorce. This is generally the course of action taken regarding property in the marriage but sometimes you need to make sure the court knows your spouse gifted you the car, or maybe you had the house before the marriage. The scenarios are endless, but having an attorney who can apply the law to your scenario and let you know what can be done, is what counts.
The court sometimes divides the property under a concept called "quasi-marital" property. If the parties have moved to California from other states/counties, in a divorce action, the court calls the property that the parties acquired during marriage in other states/countries "quasi-Community property."
Summary Divorce: Here the spouses have no children, minimal assets, and if any debt. Usually very simple, quick, and easy to have this done- minus the 6 month waiting period.
Default Divorce: This is usually the one most spouses pray for. The filing party is granted a divorce by default. This is where the other party is nowhere to be found, or they simply choose to ignore the case and not respond or participate.
Mediated Divorce: this is where you can use attorneys as a mediator to help you and your spouse communicate. This will help save on expenses, and if you and your spouse are filing paperwork without attorneys, it helps to have unbiased intervention. Remember even though your mediator is an attorney, they're your mediator, not your attorney.
Collaborative Divorce: here both parties have attorney’s and all four parties sit together and try to negotiate and settle. This minimizes court time, saves court fees, and usually is quicker than a contested divorce.
Arbitrated Divorce: This process is easily explained as rent a judge. This is not a way to “buy the judge”, but rather this method is efficient in expediting the process to have a trial at the ready on hand, and keep the matter more private.
Contested Divorce: A contested divorce is the type of divorce we all grow up to fear. These are the divorces dramatically exploited in Hollywood. Here both attorneys fight on behalf of the clients, and battle it out at trial. Generally, the attorneys are civil and try to negotiate and settle many smaller matters to reduce the trial length or even having one at all, but the parties are the ones calling the shots. This is the type of divorce that most people have staring off if they are not reasonable or considerate. Here, it is imperative that you remember, everyone in your family and involved is adversely affected. Our firm can help you and be your Divorce Attorney Huntington Beach.
California is one of 9 states that have community property laws. Community property, in simple terms, means that after a marriage, the property, assets, and finances gained during the said marriage becomes shared. So, upon filing for a divorce, if no agreement was made otherwise, the property is usually divided 50/50.
Property Division :
Determining what type of property you have is the first critical step at establishing a solid foundation for your resolution of marital property. The parties are free to agree to all or any suggestions in dividing the assets, but there are also a handful of laws and cases that give an aspect on how to divide to remain fair. It is very helpful if you have a discussion while on speaking terms with your spouse about all the finances. This is applicable to everything from bank accounts, debts, pensions, retirements, and properties. Whether you do this nonchalantly, or transparently explain to them why you want this, having knowledge of this will let your attorney know what needs to be protected from being spent, destroyed, sold, or disposed of. Additionally having recent copied helps to prevent any excessive attorney fees for both parties in requesting these documents known as discovery. These fees are billed to both sides when the request is made and answered.
Usually, in a divorce, a big concern is that when the responding spouse finds out about the divorce, he or she will begin transferring assets. Fortunately, your attorney can advise you on how to handle such a matter. I might have you swiftly file for Dissolution by serving the summons and petition so they bind your spouse to the terms of the automatic temporary restraining orders (ATRO’s). These restraining orders are clear and noticeable in the summons. These orders are to give notice to stop either party from getting rid of property. Since the summons and petition are filed together, it is important to let the attorney know everything happening and if your circumstances require an expedited filing.
Fiduciary Duty :
Divorces do not only involve your spousal support, children, and assets, most people forget they affect your debts. That’s right, your credit will be affected by the divorce if you do not handle it correctly. Furthermore, a marriage is a fiduciary duty between the parties and they have a duty to inform the other parties of any purchase, bank accounts, and other related items. This is important to note because this can either help or hinder your case. You not disclosing any accounts can cause you trouble, or your spouse doing this will hinder them.
Undue Influence :
When it comes to divorces, it is no secret that they get messy. While this is not the continuous case, it is the most recognized. Divorces generally become excruciating and churlish when the parties cannot agree on how to split the assets. This can be a disagreement on the value of an item, resentment for sharing an asset with that spouse fueled by a spouse’s disdain for the other, or due to a desire to create as much strife and complications in the proceedings as possible. In the event of a more civilized divorce, when a spouse uses the relationship between the two of themselves to conduct an interspousal transaction ( deal between the two) where the deal is advantageous to one spouse over the other, an issue of undue influence arises. This is an unfair agreement by the use of the spouse’s relationship with each other. Our firm can help you and be your Divorce Attorney Huntington Beach.
Spousal support is determined by the section of the family code §4320. These include :
The standard of living that was established during the last 3-5 years of the marriage. This is basically what social class the marriage created for the parties. A determining factor is - can the person who is supposed to pay afford to pay. The length of the marriage is important was it under 10 years making it short or over 10 making it long. What are the financial needs of both parties, The earning capacity of the person to be supported. ( can this person get a job and keep the same type of life) Can the supported party work and not interfere with the children care The age and health of both spouses The obligations and assets, including the separate property, of each party The immediate and specific tax consequences to each party The supported party’s contribution to the supporting party’s career during marriage Documented evidence of any history of domestic violence between the parties or perpetrated by either party against either party’s child The balance of the hardships to each party Any other factors the court determines are just and equitable The goal that the supported party shall be self-supporting within a reasonable period, such as half the length of the marriage, unless the marriage is of long duration (over 10 years) Spousal support is generally tax-deductible to the supporting party and taxable as income to the recipient. It is best to discuss with your attorney reasons you believe you are owed spousal support or you cannot pay it.
At Jos Family Law, we not only understand the law but respect it. We inform our clients of the laws governing their case regarding their facts, advise them to act within the scope of those laws, and fight for you to be treated with the same reasonable and respectful behavior from the other side. Our firm can help you and be your Divorce Attorney Huntington Beach.
If you are truly looking for a Costa Mesa divorce attorney who will mediate, whenever possible, and will use the court to make determinations when mediation falls short, feel free to contact Jos FAMILY LAW. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at email@example.com. We look forward to discussing your Dissolution matter with you and helping you find the solution that best fits your needs and desires.
To seek a divorce in Huntington Beach, California the first step is to submit a Petition for Dissolution. After filing the Petition, it must be personally served on the opposing spouse (ex) or "Respondent" - unless the opposing spouse agrees to accept service by mail & acknowledges receipt of the Petition.
After then, the Respondent has 30 days to file a Response. If your spouse (ex), as the Respondent, fails to satisfy this deadline, you can ask the court to declare a default against him or her. Many divorces are straightforward and may be completed in a short period.
Nonetheless, if there is major property involved, children from the marriage, or one spouse earn much more than the other, it is always wise to at least consult with a Huntington Beach divorce attorney before proceeding on your own.
In California, this is an exciting and expanding field of family law practice. The quick answer is, "it depends." According to current California case law, whether a gift between spouses is regarded as a "transmutation" of that property - from community property to separate property is determined by the value of the gift in relation to the total worth of the marital estate.
If the donation is significant in comparison to the value of the estate, it will most likely be considered communal property. In contrast, if the present is insignificant in comparison to the worth of the marital estate, the court will almost certainly rule that it is the giftee's independent property.
In all divorce cases, the state of California mandates a 6-month jurisdictional time frame. This implies you can't be divorced until 6 months had passed when the Petition for Dissolution was served on the Respondent. However, many cases will be resolved before the six-month deadline.
If your divorce case is resolved before the 6-month timeframe, you might have a divorce judgment recorded that specifies a marriage termination date in the future. All of the provisions of your settlement, including property division, debt division, child support, spousal support, child custody and visitation, and so on, will take effect following the agreement's execution. Your marital status will not change to - "single" - until the date specified in the judgment.
In rare situations, the parties may opt to cohabitate while the divorce is pending. If the house is large enough, one partner may decide to live in a separate room. However, most divorcing couples do not want to continue living together, and the parties must decide who gets to stay in residence.
If there is no agreement on who gets to stay in the marital home, one party might request "exclusive use and possession" of the marital home. If the court orders one party to have exclusive use and possession of the marital residence, the opposing spouse may no longer dwell or access the marital residence without the express consent of the in-spouse or court order.
When children are involved, the best course of action is to maintain as stable an environment as possible for the children's sake. As a result, in circumstances where one spouse has primary custody of the children, that parent will almost certainly be granted exclusive use and possession of the house.
The state of California follows what is known as "common property law." Community property states often handle marriage as if it were a company, with the spouses as partners. When it comes to splitting property, divorce is similar to the dissolution of a partnership.
According to community property law, any assets, debts, and accumulations on those assets or liabilities linked with the debts acquired after the actual date of marriage but before the date of separation are considered community assets and debts.
Gifts and inheritances, on the other hand, are deemed to be the distinct property of the spouse receiving the gift or inheritance. When separate property is "combined" or blended with communal property, or vice versa, California divorces get difficult.
There is one significant distinction between divorce and legal separation: A divorce ends the marriage and restores both parties to "single" status, whereas a legal separation keeps the parties wedded. Every problem decided in a divorce is likewise decided in a legal separation.
As part of the formal separation, the property is split, debts are shared, child support and spousal support orders are established, & child custody orders are made. Legal separation is an excellent choice for couples who know they can't live together but aren't sure whether reconciliation is a possible option in the future. A legal separation, once completed, can simply be turned into a divorce later on.
Divorces may be relatively affordable or outrageously costly based on a variety of factors, including the reasonableness of the parties and, sadly, the willingness of the attorneys chosen by each party to work together toward an inexpensive solution.
Settlement is always encouraged initially at Jos Family Law. Divorce attorneys are notorious for amassing large bills and over-litigating divorce cases for no cause. Almost every case, in our experience, is a few open talks away from a final settlement.
Unfortunately, in many situations, papers are filed & contentious issues are raised before the parties and their counsel even contemplate settlement. At Jos Family Law, we believe that this sort of approach is detrimental to the client.
Family Code Section 2030 is the basic attorney's fees statute utilized by divorce lawyers in California. This jurisdiction permits the court to impose an attorney's fees contribution based on the seeking party's need for a contribution and the capacity of the requested party to pay while considering the discrepancy or difference in the parties' incomes.
To commence your case, most divorce lawyers will want upfront retainer money. They will then ask your spouse to refund you for the attorney's expenses you paid upfront. In real circumstances where we feel there is a high likelihood that the opposing spouse will contribute to the attorney's expenses, we will take the divorce case for a very modest upfront retainer and place the client on a reasonable payment schedule until we can receive some relief from the wage earner.
If you have a premarital agreement, the first question is whether it is legitimate and hence enforceable in family court. You or your spouse may decide to contest the agreement's legality. If the prenuptial agreement is not contested or is found to be legitimate after it has been challenged, your divorce will be much easier. There may or may not be additional problems to address in your divorce, depending on the conditions of the prenuptial agreement.
It depends on whether the business was formed during or before the marriage. There are several formulae that your Huntington Beach divorce attorney will use to assess your respective rights about the business, depending on the type of business and data pertinent to the management and investment sources associated with the firm. This is a slippery area of the law & it is critical that you understand your rights and duties.