Ladera Ranch Divorce Attorney

Divorce Services in Ladera Ranch, CA

1. Contested Divorce

A divorce is said to be contested if both spouses cannot agree on child custody, child support, alimony, and asset division. Disputes over a single issue will make a divorce contested. Unlike uncontested divorce, where the parties agree to a settlement themselves, contested divorces are litigated in court, where a judge decides on key matters.

Litigated divorces require excessive paperwork and document filing, which can be challenging for you to navigate on your own. At Jos Family Law, we have intricate knowledge of California divorce laws. Our attorneys are familiar with the challenges that may arise during the process, and we will fight to ensure you are treated fairly throughout the process.

2. Uncontested Divorce

An uncontested divorce is when both spouses agree to the terms of the divorce and create a settlement agreement without going to trial. These types of divorces are less costly and time-consuming than litigated divorces. Whereas contested divorces are decided by the judge, uncontested divorces are settled by the parties through negotiation, mediation, or other collaborative methods. The final agreement is sent to the court for review and approval.

Uncontested divorces require heavy paperwork. Hiring a divorce attorney will ensure the process goes smoothly without errors. The seasoned family law attorneys in Ladera Ranch at Jos Family Law will negotiate or mediate a settlement that protects your rights and holds up in court.

3. Child Custody & Visitation

California laws grant equal custody rights to both parents unless doing so would harm the best interests of the child. The court will apply the best interests of the child standard to determine physical & legal custody. The judge will consider:

1. Age & needs of the child
2. Relationship with each parent
3. The ability of each parent to care for the child
4. History of domestic violence or substance abuse by either parent
5. The child’s wishes

Physical custody means where the child will live, which can be exclusive with one parent or shared with both. In the case of sole physical custody, the non-custodial parent gets visitation rights

Legal custody concerns which parent will make important decisions for the child, such as which school the child will attend, which doctor to see, and the child’s religious upbringing. Joint legal custody is when both parents share decision-making rights, while sole legal custody is when only one parent can make the decisions. Visitation rights are given to the non-custodial parent, but the court may order them to be supervised if the parent has a history of child abuse or substance abuse.

At Jos Family Law, our child custody attorneys in Orange County will serve your child’s best interests and protect your parental rights vigorously.

4. Child Support

When parents with minor children (below 18 years old) divorce or separate, one or both of them will likely pay child support. Both parents have the legal duty to provide for their child’s food, clothing, shelter, medical care, and education until the child attains majority or graduates from high school.

Which parent will pay child support and how much will depend on the following factors:

1. The net disposable income & earning capacity of each parent
2. The amount of time each parent spends with the child

The court follows a guideline formula to calculate child support, though it may exercise discretion to increase or lower the amount based on the situation. The parents may also create a child support agreement, subject to review and approval by the court.

Our child support attorneys can help both parties create a child support plan and explain how much both parties have to pay. If need be, we will also represent you in court and obtain an outcome that serves your child’s best interest while being fair to both parents.

5. Spousal Support (Alimony)

In California, it is possible that one spouse has to pay alimony (spousal support) to the other upon divorce. While spousal support isn’t automatically granted, the court may order the higher-earning spouse to pay the lower-earning spouse for a certain time period.

The spousal maintenance amount can vary from one case to another. The purpose of spousal support laws is to maintain the same standard of living as was during the marriage. The court will examine a few factors to determine spousal support:

1. The supporting party’s income and ability to pay
2. Marketable skills of the supported spouse
3. The degree to which the supported spouse contributed to the marriage
4. Length of the marriage

Generally, the duration of spousal support will be half the number of years the marriage lasted if it lasted 10 years. The court has the power to order longer or even permanent support if the marriage lasted longer than a decade. However, spousal support may be terminated if the supported spouse has an increase in income or remarries.

Our experienced spousal support attorneys can negotiate fair spousal support agreements, modifications, and terminations. We ensure that you are properly supported or paying a just and fair amount after divorce.

6. Property Division

California is a community property state, meaning all assets co-owned by spouses in a marriage will be equally divided upon divorce. Any income and property acquired by either spouse while they were married is considered community property, while the property each spouse owned before marriage is their separate property. Division of community property can be extremely complex in marriages with significant or commingled assets.

In the absence of any prenuptial or postnuptial agreement, the divorce will be governed by community property laws. The court will first identify which property is community versus separate, appraise the value of community property, and divide it evenly between the spouses. However, this doesn’t necessarily mean a 50/50 split. Other than money, all property must be divided in a certain way or liquidated so the proceeds can be divided equally.

It is also common for one spouse to hide assets. Plus, if separate property is commingled with community property, the court may require forensic accountants and business appraisers for valuation.

When it comes to the division of marital assets, you need an experienced asset division attorney to help you navigate the process. Our attorneys will work closely with you to establish an asset division agreement or order that fairly divides all marital assets and protects your financial rights

Divorce Timeline in California

1. Meet the Residency Requirements

Prior to filing for divorce in California, you must meet the state’s residency requirements. This means you or your spouse must have lived in California for at least six months prior to filing. At the county level, either spouse must have lived for at least three months prior to filing.

2. File Paperwork

The next step is filing the divorce complaint and the fee with the County clerk.

3. Notify your Spouse

The divorce petition must be properly served to the other spouse. This includes hand deliveries of the papers by a process server or electronic means.

4. Response

Once the petition is properly served, the respondent has 30 days to file a response, either agreeing or disputing the divorce terms.

5. Mandatory Waiting Period

California imposes a mandatory waiting period of six months from the date of service to finalize the divorce. This gives time to the spouses to reconcile or negotiate toward a settlement.

6. Settlement or Trial

If negotiations are successful, you and your spouse may create a settlement and present it to the judge for approval. If negotiations are unsuccessful, both parties must prepare for a trial where the judge will hear arguments and examine evidence to make decisions.

7. Final Order

The judge will sign a formal decree officially dissolving your marriage.