San Clemente Divorce Attorney

Experienced Divorce Attorneys Serving San Clemente, CA

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.

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Why Choose Jos Family Law?

• 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.


Divorce Services in San Clemente, CA

A. Contested Divorce

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.

B. Uncontested Divorce

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

C. Child Custody & Visitation Rights

Child custody in California is determined by the best interests of the child standard. The court will examine a host of factors, such as:

  1. Age & needs of the child
  2. Health, safety, and welfare of the child
  3. Relationship with each parent
  4. Each parent's ability to provide care
  5. Parental cooperation & communication
  6. Any history of domestic violence or substance abuse by either parent
  7. The child's wishes (if above 14 and displaying emotional maturity)

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:

  1. Physical Custody: Determines where the child will live.
  2. Legal Custody: Determines which parent will make important decisions for the child's education, healthcare, upbringing, etc.

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.

D. Child Support

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:

  1. Each parent's income & earning capacity
  2. Amount of time each parent spends with the child
  3. The child's needs

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.

E. Spousal Support

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:

  1. Earning capacity
  2. Ability to pay
  3. Length of the marriage
  4. Contributions made towards the marriage
  5. Each party's age and health
  6. The living standards established during
  7. The supported party's ability to be gainfully employed

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.

F. Property Division

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:

  1. Marital homes, vacation homes, & rental units
  2. Bank accounts
  3. Stock portfolios
  4. Retirement accounts
  5. Business interests & professional practices
  6. Art, jewelry, antiques, and collectibles
  7. Vehicles
  8. Other investments

Before division, the court will classify property to determine whether it is community property or separate property. Separate property includes:

  1. Gifts
  2. Inheritance
  3. Property acquired before marriage
  4. Property acquired after the date of separation

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


The California Divorce Process in 6 Steps

Knowing the divorce process and what steps to take will help you in making smart decisions to protect your family and future.

Step 1. Filing & Responding

One spouse files the divorce petition and serves the other. The served spouse has 30 days to respond

Step 2. Temporary Orders

When filing the petition or response, either party may request temporary orders regarding child custody/support, alimony, or use of property.

Step 3. Financial Disclosures

Both parties disclose their assets, debts, income, and expenses.

Step 4. Settlement

If the spouses can reach terms amicably, they can formally settle all aspects of their divorce through a settlement agreement without going to trial.

Step 5. 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.

Step 6. Divorce Decree

The judge will formalize the settlement or trial and render a judgment to finalize the divorce.


Schedule a Consultation with our San Clemente Divorce Attorneys

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.

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.

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.

Frequently Asked Questions

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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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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Get your consultation today

(714) 733-7066