San Clemente Divorce Attorney

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