North Tustin Divorce Attorney

• Uncontested Divorce

An uncontested divorce offers a quicker resolution than a litigated divorce as the parties agree on various issues arising from marriage dissolution. It is an uncontentious process and ideal for couples who can agree on key issues. Whenever possible, our divorce lawyer in North Tustin helps parties find a resolution to their disagreements using collaborative procedures. We will handle all the paperwork, negotiate with your ex-spouse or mediate a solution, and manage the whole process to expedite your divorce.

• Contested Divorce

A divorce becomes contested when both parties fail to agree on key issues like child custody and asset division. Whether one party acts in bad faith or both parties fail to cooperate, in such instances, a trial may be the only option going forward. When needed, we advocate fiercely for the rights of our clients in court. Our family law attorney in North Tustin has extensive courtroom experience and knowledge of California divorce laws.

We will advise you and advocate for you throughout the process and help your family get through divorce.

• Child Custody & Visitation

Child custody can be one of the most complex legal and emotional challenges that parents face. The court will prioritize the best interests of the child over fairness to parents. The child's best interests will be determined by factors like the child's age, relationship with each parent, level of care provided by each parent to the child, any history of domestic violence or substance abuse by either parent, and the child's wishes. Based on these considerations, the judge will award sole or joint legal & physical custody.

Physical custody refers to where the child will primarily live, which can either be shared or solely one parent's right. Legal custody refers to making important decisions for the child on education, healthcare, and religious upbringing. Legal custody may also be shared by both parents or exclusive to one.

Our experienced child custody attorney in North Tustin can negotiate, mediate, or litigate a solution tailored to your child's needs and family dynamics. Whether you're seeking joint custody, sole custody, a flexible arrangement, or want to protect your parental rights, we're here to advocate for the best possible outcome for you & your children.

• Child Support

California law formalizes the basic duty of every parent to support their minor child. Child support is calculated by a statewide formula that considers the number of children, time spent by each parent with each child, and both parent's income. Apart from the basic guidelines, there are also mandatory & discretionary add-ons like child care costs, certain medical expenses, summer camp, etc.

Our family law attorneys in North Tustin can obtain or defend against a child support order. We'll ensure your side of the story is heard in court, which results in a just & fair outcome. In addition to obtaining child support, we can also modify or enforce a child support order using proper legal channels.

• Spousal Support (Alimony)

In California, spousal support is awarded to ease the transition of the lower-earning spouse from a married life to a single life and ensure both parties maintain an equal standard of living. The alimony amount depends on a number of factors, including length of the marriage, age & health of both parties, the standard of living during marriage, skills of the requesting party, and more. Typically, alimony is awarded for half the duration of marriages lasting less than 10 years, though this isn't a hard and fast rule.

At Jos Family Law, we can help you understand how the law applies to your situation and advocate for your rights to obtain a favorable outcome. With 55 years of combined experience, we have represented numerous clients in their alimony cases, including modification and termination of spousal support requests. Whenever possible, we will negotiate for a fair resolution with your ex-spouse. When an agreement cannot be reached, our formidable litigators will advocate for your rights in court.

• Property & Asset Division

California follows community property laws, which state that all assets and debts acquired during the course of marriage will be divided equally between the spouses. This includes bank accounts, pension plans, income, IRAs, retirement funds, real estate, business interests, etc. These marital assets are known as community property and are subject to equal division after divorce. Exceptions to this rule are separate property of the spouses, which includes all properties acquired before marriage or after the date of separation, gifts, and inheritance.

At Jos Family Law, our North Tustin divorce attorneys have a deep understanding of California's property laws. We will ensure your ex-spouse discloses all assets and debts, identify hidden assets, negotiate for a just and equitable division, and protect your financial interests in court if need be.

• Filing for Divorce

The process starts by submitting a petition for divorce. It will include particulars like the official grounds for divorce and specific reliefs such as child custody, child support, alimony, and property division.

• Serving the Papers

The next step is to serve your spouse with a copy of the petition and other documents. You can serve your spouse by personal delivery or through certified mail. Your spouse will have 30 days to respond to the petition after they are served.

• Response & Negotiation

Once your spouse files a response, both parties must make financial disclosures for asset division and support purposes. The court will mandate a six-month waiting period, giving parties time to reconcile, prepare documents, or negotiate a settlement.

• Court Proceedings

If the parties cannot agree on key issues, the matter will move to court. A family law judge will examine the facts, and evidence, and hear testimonies to determine child custody, child support, alimony, and asset division.

• Final Judgment

After hearing both sides, the court will finalize the divorce and order a decree outlining the specifics. The order officially dissolves the marriage and restores both parties to single status.

Whether your divorce is contested or uncontested, it is highly recommended that you hire an experienced North Tustin divorce attorney to determine the next steps. Divorce involves a wide array of decisions with lifelong implications, so it's important to have seasoned guidance by your side.