Experienced Divorce Attorneys in Irvine, CA Protecting Your Loved Ones
Most people enter into a marriage hoping it will last, but unfortunately, nearly half of all marriages end with a divorce or separation. When a marriage ends, it is essential to retain an experienced attorney who can help you navigate the laws and procedures. Even the most amicable divorce may involve complex issues disputed by both parties.
Specializing in all areas of family law, Binoye Jos, principal attorney of Jos Family Law, is an experienced Irvine divorce attorney providing client-focused services to resolve divorce, child custody, asset division, and other issues. Whether your divorce is contested or uncontested, whether it involves high assets and children, consult with our family law attorneys in Irvine to learn your rights and obtain a favorable outcome.
Request an initial consultation by calling (714) 733-7066 today.
Understanding California Divorce Law
At Jos Family Law, we are dedicated to helping clients navigate the complexities of divorce. Our Irvine divorce attorneys will provide strategic guidance to ensure a fair and efficient process. Whether your divorce involves significant assets, child custody disputes, or support concerns, Jos Family Law is here to protect your rights and interests.
California's Residency Requirements
First things first. Before getting a divorce, you must fulfill California's residency requirements. It states that at least one spouse must live in the state for more than six months before they can begin the divorce proceedings and three months in the county where the petition is filed. If you don't meet the residency requirements, you can legally separate from your spouse but cannot dissolve your marriage.
Bear in mind that there are exceptions to the residency requirements, such as same-sex couples marrying in California but presently residing in a different state that doesn't allow same-sex divorce.
No-fault Divorce in California
California is a no-fault divorce state, which allows couples to dissolve their marriage without proving abuse, adultery, or abandonment. The two grounds for divorce in California are irreconcilable differences and incurable insanity.
Most couples cite irreconcilable differences when dissolving their marriage. This means that both spouses don't get along with each other, and their marriage has broken down with no resolution in sight. If one spouse is dissatisfied with the marriage, it's enough to obtain a divorce, even if the other spouse doesn't want to.
In some cases, the petitioning spouse will cite incurable insanity as a ground for divorce. To dissolve their marriage, they must provide medical records and other evidence that their spouse is mentally ill and permanently incapable of making decisions.
Get In Touch
Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.
Contact Information
Please call, email, or contact our office online to arrange an appointment for your case today.
The Divorce Process in California: Key Steps
The divorce process in Orange County begins with the petition for divorce and ends with the official court decree.
Step 1. Filing the petition
Once all forms and documents are prepared, the petitioner officially starts the divorce process by filing them with the Clerk of the Superior Court of Orange County.
Step 2. Serving the papers
Serving the papers is the process of notifying the second spouse that a divorce petition has been filed and they need to respond. The respondent is given copies of every document filed and is expected to respond within 30 days of being served. To avoid conflicts, the petitioner is not allowed to serve the papers in person. The process server may be any person above the age of 18 years.
Step 3. Financial Disclosure
In this step, the parties exchange financial disclosures and make decisions regarding asset division, child custody, alimony, and child support. Each spouse must present the other with a declaration of financial disclosure, which accurately lists all assets and liabilities.
Step 4. Negotiation and mediation
The parties may opt to resolve disagreements by collaborative procedures. They may negotiate a fair settlement with each other or hire a neutral third-party mediator to facilitate communication and help them reach an agreement.
Step 5. Trial (if necessary)
If the parties fail to negotiate or mediate a solution, the case moves to trial. The judge will review all paperwork, evidence, and statements to finalize the divorce and decide on various aspects like child custody and asset division. Once the divorce is finalized, whether inside or outside the courtroom, it must be ratified by the judge, which makes the divorce official and legally enforceable.
Jos Family Law's Approach to Divorce
When facing divorce, having a knowledgeable and dedicated Irvine divorce attorney can make all the difference in how smoothly the process pans out. At Jos Family Law, we bring decades of combined experience, courtroom expertise, and a client-first approach to every case, ensuring Irvine residents get quality representation.
• Proven Track Record & Results
Our firm has handled thousands of family law cases and secured favorable outcomes in child custody disputes, property division matters, and high net-worth divorces. Attorney Binoye Jos has a reputation among peers for his expertise in family law advocacy for every client.
• Decades of Collective Experience in Orange County Courtrooms
Our Irvine divorce attorneys have 55 years of collective experience in representing clients in the Orange County Superior Court. We are familiar with courtroom procedures and local judges, allowing us to formulate legal strategies for successful outcomes. We can present your case in the best possible light with compelling arguments and zealous advocacy.
• Personalized Approach
Every divorce is different, and we tailor our approach to your situation, needs, and goals. Whether your case requires diligent negotiation or aggressive representation, Jos Family Law has the ability and expertise to protect your future.
• Compassionate Support
We understand that divorce is one of the toughest situations you will ever face, which is why our attorneys offer compassionate support every step of the way.
• Prompt Communication
Every member of the Jos Family Law team is honest and straightforward. We will understand your situation and provide an upfront assessment of what to expect and the best course of action.
Whether inside or outside the court, our divorce attorneys in Irvine are committed to achieving favorable outcomes while minimizing stress and conflict.
At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.
Request a consultation
Full-service Divorce Expertise
Divorce can be highly complex and emotionally challenging. Disputes may arise over who gets custody, how high-value assets are to be divided, and whether there are spousal support obligations. Having an experienced Irvine divorce attorney is essential to protecting your rights and securing the best possible outcome.
Representing clients throughout Orange County, our attorneys can negotiate, mediate, or litigate a solution that eases your transition to the next chapter of your life.
A. Contested Divorce
Contested divorce happens when spouses disagree on key issues like child custody/support, asset division, or alimony. Contested divorces end up in court, where a judge decides on these matters. It's essential to have skilled representation in litigated divorces. Our Irvine divorce attorneys will advocate for a just outcome and protect your rights in court.
B. Uncontested Divorce
In uncontested divorces, both spouses agree on all aspects of their divorce. They work together and cooperate to resolve issues like child custody and asset division with or without independent counsel. While hiring an attorney isn't mandatory, it is recommended that you have skilled representation to ensure the agreement complies with California divorce laws and serves your best interests.
C. High Asset Divorce
California follows community property laws, which state that all assets and debts acquired during the marriage are subject to a 50/50 division unless the parties agree otherwise. High-asset divorces can be particularly complex, and they address issues such as the determination of separate property and marital property, valuation of business interests, stock options, and investment portfolios, and determining the ownership of real estate properties. Jos Family Law will work tirelessly to protect your financial rights by ensuring all assets are correctly identified and divided fairly.
D. Child Custody & Support
When it comes to child custody and child support, California prioritizes the best interests of the children. The court will decide physical and legal custody by analyzing factors like:
- Age and needs of the child
- The relationship shared by the child with each parent
- The level of care each parent has provided the child
- Any history of domestic violence or substance abuse by either parent
- The child's wishes
Once the court decides where the child will reside (physical custody) and who will make important decisions for the child (legal custody), it will determine child support by considering factors to calculate child support:
- Parental income
- The earning capacity of both parents
- The amount of time each child spends with the child
- Additional expenses like healthcare, child care, and education.
Our support and child custody attorneys in Irvine can create personalized support agreements and parenting plans for the best interests of your children and your parental rights.
E. Spousal Support
Spousal support, or alimony, ensures the lower-earning spouse maintains their financial status quo after the divorce. The court will consider factors like:
- Length of the marriage
- Standards of living during the marriage
- Each spouse's income and earning capacity
- Contributions made to the marriage
In many divorce cases, income assessments and lifestyle may result in conflicts between the spouses. Our Irvine divorce attorneys will work judiciously to negotiate spousal support arrangements that are just and fair to both parties.
F. Property Division
Our attorneys provide strategic guidance and representation in cases involving complex assets. We will ensure the equitable division of marital property, including real estate, investments, retirement accounts, and other assets.
• Business Valuation & Division
Accurately valuing and dividing business interests, professional practices, and business assets.
• Forensic Accounting
Uncovering hidden assets and income sources with the help of forensic accountants to ensure complete transparency in divorce
• Real Estate Division
Helping clients divide, sell, or retain real estate, including family homes, vacation homes, and rental units.
G. Mediation
Divorce mediation is an alternative dispute resolution method where a neutral third-party mediator helps both parties reach a mutual agreement outside the court. The mediator facilitates discussion, helping the spouses reach common ground regarding child custody, child support, alimony, and asset division. It is a faster and less adversarial way to resolve divorce than a court trial, leading to amicable outcomes.
At Jos Family Law, we are trained mediators who can help you and your ex-spouse move past divorce with minimal conflict. We can act as mediators or your independent counsel to ensure a smooth process and fair outcome.
H. Collaborative Divorce
Here, both spouses have attorneys, and all four parties sit together and try to negotiate and settle. This minimizes court time, saves court fees, and is quicker than a contested divorce.
We will guide you and negotiate fair and sustainable terms that protect your long-term interests.
I. Military Divorce
Divorces that include active military personnel pose unique challenges. They are governed by federal laws and can become highly complicated.
At Jos Family Law, our Irvine divorce attorneys are seasoned in handling military divorces and complying with state and federal regulations for your long-term peace of mind.
At Jos Family Law we are available to provide consultations, at any time, including the weekends or evenings.
Request a consultation
About JOS Family Law
Jos Family Law is a highly respected and recognized family law firm in Orange County. We are a team of reliable family law attorneys who specialize in complex divorce matters, protecting the client's best interests at every turn. Under the strategic guidance of lead attorney Binoye Jos, we can help you navigate complex custody and high-asset cases while achieving satisfying results.
Adhering to the highest standards of ethics and values, we provide client-focused and result-driven representation in Orange County. Every strategy we make and execute has the client's best interests at heart. With full-service expertise, resourceful advocacy, and personalized support, we can handle any family law case efficiently, no matter how big or small.
• Binoye Jos (Family Law Attorney)
Binoye had a successful career in managing and training marketing directors for more than two decades before he experienced his own child custody dispute. Married for only two years, it took more than five years to litigate and cost more than $400,000. Even after 198 filings and being represented by two high-profile attorneys, he knew he had only one way to fight for his child - representing himself. He fired his attorneys and was able to win 50% of his son's custody in a few months.
After his victory, he dedicated himself to protecting families and their most precious asset - their children. Knowing the toll it takes, he is ready to help families during the toughest times in their lives.
• James Sowers (Family Law Attorney)
James Sowers decided to practice family law due to his own experiences. His parents got a divorce while he was still a teenager. Even at a young age, he understood his mother was not a fit parent because she falsely accused his father of abuse to the police and the court. Though not an attorney, James drafted several documents that helped his dad during the divorce and custody hearing. With his dad getting full custody, James decided to dedicate his future to becoming a family law attorney so he could help other families fight the most important battle of their lives.
Years later, he got an opportunity at Jos Family Law to represent families and obtain successful outcomes for clients in divorce and custody proceedings.
• Farah Alchamaa’s (Paralegal)
Farah Alchamaa’s is a single mother and a highly accomplished legal professional who has decades of legal experience across international jurisdictions. She has personally navigated divorce and is uniquely positioned to empathize with the impact of family law disputes on clients. Her mission is not just to offer legal support but to extend a compassionate hand to those seeking guidance.
Currently working as a paralegal at Jos Family Law, Farah's role encompasses a diverse range of responsibilities, including exhaustive legal research, drafts, legal documents, overseeing case files, and providing invaluable support across all dimensions of case preparation. Her meticulous attention to detail and exceptional proofreading abilities play a pivotal role in family law proceedings.
• CrystelleGustlin (Paralegal )
Born and raised in Portland, Oregon, Crystelle earned her associate degree at South Coast College, where she earned a Paralegal Certificate and graduated with high honors from the program. She is a member of the Orange County Paralegal Association and a volunteer at Child Appointed Special Advocate (CASA). As a paralegal for 11 years, Crystelle is passionate about helping others navigate through the divorce and child custody process. Her own personal experience of going through a divorce and raising 5 children as a single mother has allowed her to be able to empathize and sympathize with others struggling through the same process.
Her balanced blend of personal and professional experiences makes her a wonderful asset to our firm.
Contact Jos Family Law for a Successful Resolution
Divorce may be one of the most difficult things you ever go through, and it can be made even worse if you don't have the right attorney to help you through it. The most important & essential step you can take to protect your interests in a divorce is to hire the right attorney.
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.
If you are contemplating divorce or separation, contact Jos Family Law today to know your options. Binoye Jos, our lead Irvine divorce attorney, is available for comprehensive consultations to help you on the path ahead. He is an experienced and compassionate divorce attorney in Irvine, helping clients resolve divorce issues and getting the best possible results.
Call (714) 733-7066 to speak to our Irvine divorce attorney today.
Frequently Asked Questions
Yes, you can file for divorce in Irvine even if you don't live there. Divorce procedures may be started in any county in California so long as either spouse has resided there for at least six months prior to the filing.
The duration of the divorce process in Irvine can vary depending on the complexity of the case & the willingness of both parties to cooperate. On average, an uncontested divorce can take around six months to be finalized, while a contested divorce may take longer, sometimes up to a year or more.
The cost for filing a divorce petition ranges between $435-$450, in addition to other expenses like legal fees, service fees, court reporter fees, and more. Additional costs may be added if complex disputes like child custody and asset division have to be resolved.
In Irvine, child custody decisions are made based on the best interests of the child. The court will consider various aspects, including the child's age, health, & any history of domestic violence. The court will look at whether or not each parent can deliver a safe & nurturing home for the kid.
Spousal support is not automatically granted in an Orange County divorce. It is determined by a myriad of factors like length of the marriage, income, earning capacity, and financial needs. The aim of spousal support is to ensure both parties have the same standard of living after a divorce. The court will grant temporary or permanent support based on the factors above.
In Irvine, alimony, also known as spousal support, is determined based on aspects such as the length of the O.C. marriage, the earning capacity of each spouse, & the actual standard of living established during the marriage. The court will also consider any financial contributions made by each spouse towards the marriage & the ability of the receiving spouse to become self-supporting.
Yes, it is possible to modify child custody or support orders in Irvine. However, there must be a significant change in circumstances that warrants a modification. Examples of such changes can include a parent relocating or a substantial change in income.
Irvine, O.C., follows the community property system, which means that all assets & debts acquired during the marriage are generally considered community property & subject to equal division. However, the court will consider factors such as each spouse's contributions to the marriage & their respective needs when dividing property & assets.
California is a no-fault state, which means the petitioning spouse doesn't have to prove wrongdoing. Citing irreconcilable differences or incurable insanity will suffice. This means either spouse can file for a divorce, even against the other's wishes or consent.
If you are the petitioner and your spouse hasn't responded, you can stop the divorce at any time without requiring your spouse's signature. If your spouse has responded, you need their consent to stop the divorce.
However, you cannot stop the divorce if your spouse has served you the papers and wants to dissolve the marriage.
Get In Touch
Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.
Contact Information
Please call, email, or contact our office online to arrange an appointment for your case today.
Google Reviews
4.8 (139)
Sonia Fernández
Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.
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Carlos Serrano
Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.
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Alexandra Duvall
Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.
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Marco Galatro
This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.
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Roya
Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.
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Ricardo Lajaruna
My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!
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Nader Zayid
JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!
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