Approximately 50% of all marriages end in divorce. While this stat is unfortunate, it reveals a basic fact that not all marriages are meant to last. However, not everyone is prepared for the legal process that follows divorce. Lack of information or preparation can cause problems in your divorce.
Minimize stress and improve your chances of getting a favorable outcome with Jos Family Law. Our San Clemente divorce attorneys are always on your side, ready to help with complex and high-asset divorces. When you choose us for representation, you can be confident that your best interests will always be at the center of our advocacy.
Call (714) 733-7066 to schedule a no-obligation consultation with our divorce lawyers in San Clemente, CA.
• Seasoned Representation
We have 55 years of combined experience in helping individuals & families navigate California divorce laws.
• Compassionate Support
At all times, we will offer personalized attention and compassionate support to help you through this difficult phase.
• Full-service Expertise
Whether you want your fair share of marital assets, custody of your children, or a restraining order, our attorneys will bat for you every step of the way.
• Skilled Negotiators, Formidable Litigators
Our priority is to achieve an amicable end to your divorce. However, we aren't afraid to protect your rights aggressively in court.
A divorce is contested when either or both spouses don't agree to the terms of the divorce. Even disagreeing on one issue, like alimony or child custody, can make a divorce contested. A contested divorce is ruled by a family court judge, who hears both parties, examines facts and evidence, and makes decisions based on California divorce laws.
When spouses don't look eye to eye, things can become heated between them. If your divorce reaches court, it is best to hire an experienced litigator like Binoye Jos. We understand the factors that are determined by the judge for ruling on family law issues, and our attorneys will present your case vigorously in court to get a favorable verdict.
When both spouses agree to the terms of the divorce, they work together towards a settlement agreement without going to court. This situation is called an uncontested divorce, which is a quicker and cheaper way to resolve divorce than litigated cases. However, you should still hire a San Clemente divorce attorney to ensure you aren't taken advantage of during the process.
Both spouses, along with their attorneys, can negotiate and exchange documents to build an agreement that works for everyone. Another approach is mediation, where a neutral third-party mediator oversees the discussions and ensures a fair agreement that is upheld in court.
At Jos Family Law, we can negotiate on your behalf or act as the neutral mediator to pursue an amicable end to your marriage
Child custody in California is determined by the best interests of the child standard. The court will examine a host of factors, such as:
The court determines the best interests of the child on a case-to-case basis. Based on this determination, it will award custody to one or both parents.
In California, child custody is divided into physical and legal custody:
The court will either award joint custody to both parents or sole custody to one parent. In the case of sole physical custody, the non-custodial parent usually gets visitation rights. This is a stipulated arrangement outlining the visiting hours of the non-custodial parent.
At Jos Family Law, we focus on your child's well-being. We will ensure your parental rights are respected throughout the process while keeping the best interests of your child at heart.
Child support is mandated by California law and must be included in every divorce settlement or order involving children. Child support is designed to help the custodial parent provide for the child's financial needs until they attain majority. The obligation to pay child support cannot be waived due to bankruptcy or unemployment. The court considers various factors to determine child support, including:
Our San Clemente child support attorneys at Jos Family Law will help you understand the law and your rights regarding child support in California. We can assist you in obtaining, modifying, or enforcing child support orders.
Unlike child support, spousal support is not a legal requirement in a California divorce. Neither party is automatically granted alimony. The matter is decided by the court when either spouse requests spousal maintenance in the petition. There's also no set formula for determining how much alimony should be paid. It is up to the court's discretion whether or not spousal support should be paid after considering factors like:
Based on these factors, the court may either award temporary or permanent spousal support.
Because spousal support can become a hotly contested issue, it is essential to have an experienced spousal support attorney in San Clemente on your side. At Jos Family Law, we have successfully represented clients on both sides of this matter, helping them establish, modify, or terminate spousal support.
California is a community property state, which follows the policy that all marital assets and debts are owned by both parties. Upon divorce, all community property will be divided equally between the spouses. Community property includes:
Before division, the court will classify property to determine whether it is community property or separate property. Separate property includes:
Division of property can be highly complex, especially in lengthy marriages where significant assets have been acquired by the parties. You may also need help from outside experts like forensic accountants and business appraisers to properly identify, uncover, value, and divide property.
Attorney Binoye Jos brings years of experience and expertise to ensure just and fair division. He can guide you through the process and protect your legal & financial rights
Knowing the divorce process and what steps to take will help you in making smart decisions to protect your family and future.
One spouse files the divorce petition and serves the other. The served spouse has 30 days to respond
When filing the petition or response, either party may request temporary orders regarding child custody/support, alimony, or use of property.
Both parties disclose their assets, debts, income, and expenses.
If the spouses can reach terms amicably, they can formally settle all aspects of their divorce through a settlement agreement without going to trial.
If a settlement can't be reached, the judge will examine all information and testimonies and decide on key aspects like child custody, child support, spousal support, and asset division.
The judge will formalize the settlement or trial and render a judgment to finalize the divorce.
Your divorce doesn't have to be complicated or bitter. All you have to do is call the seasoned San Clemente divorce attorneys at Jos Family Law. We have the experience and expertise to handle all kinds of divorces and uphold your best interests.
Schedule a consultation by calling our San Clemente divorce attorneys at (714) 733-7066 today.
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.
Please call, email, or contact our office online to arrange an appointment for your case today.
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.
Please call, email, or contact our office online to arrange an appointment for your case today.
Yes. California is a no-fault state, which means you can cite irreconcilable differences in your marriage as a ground for divorce and dissolve your marriage.
California imposes a mandatory six-month waiting period after the petition is served to the non-petitioning spouse. This means the divorce cannot be finalized before six months. However, many cases are settled before that. If you and your spouse can agree on child custody, child support, alimony, and asset division, you can finalize a settlement agreement and submit it for the court's approval after the waiting period.
The major difference between divorce and legal separation is that while divorce dissolves the marriage permanently, the spouses are still legally married in legal separation.
California follows community property laws, which state that the parties must divide marital property equally. This includes all assets and debts acquired during the marriage.
In California, the court will always prioritize protecting the best interests of the child. This means the child's well-being will be the primary factor, and fairness to parents comes secondary. However, if one parent is deemed unfit for parenting by the court, the other may receive sole custody of their child
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