San Juan Capistrano Divorce Attorney

A. Contested Divorce

A contested divorce is one where both spouses cannot agree on major aspects of their divorce. These issues include:

1. Custody of children
2. Child support
3. Alimony
4. Property Division

A contested divorce can become heated, leading to factual or legal disagreements and the inability of one or both parties to compromise on important matters. If your case reaches court, it may take several months to a few years to be resolved. If you want to know your legal options, speak to a San Juan Capistrano divorce attorney today.

The team at Jos Family Law has successfully handled several contested divorces for clients in California. Whether you are going through a high-asset divorce or one involving children, we can help. Contact us for thorough legal representation in your family law matters.

B. Uncontested Divorce

An uncontested divorce is one where the spouses have agreed on all the terms of the divorce, such as child custody, child support, alimony, and property division. If both parties are on the same page, their divorce moves relatively quickly and amicably.

California's no-fault divorce laws allow marriages to be dissolved outside the lengthy court procedures. This means you don't have to go through protracted legal battles. It is still a good idea to retain an experienced divorce lawyer in San Juan Capistrano.

The attorneys at Jos Family Law will ensure all paperwork is correctly filed and negotiate on your behalf to pursue a fair end to your marriage. We will protect your interests through the process and make sure not a single detail is overlooked.

C. Child Custody & Visitation

Child custody laws in California refer to the relationship between parents and children and the parental right to make important decisions on behalf of the child. Under California laws, ensuring the health, welfare, and safety of children are the primary considerations for child custody decisions. The laws also prioritize frequent and ongoing contact between the child and both parents.

Child custody in California can be:

1. Physical Custody: Refers to where the child will live and which parent has the primary duty of care;
2. Legal Custody: Refers to which parent has the right to make important decisions for the child's education, healthcare, and religious upbringing.

Child custody is a major issue in every California divorce. If the spouses are cooperative, they can create a parenting plan that allows both parents to spend time with the child. Otherwise, the court will determine custody based on the best interests of your child.

The child custody lawyers in San Juan Capistrano at Jos Family Law will explain all factors considered by the court to determine the child's best interests. We can also negotiate with the other party to create an agreement that protects your child's best interests and your parental rights.

D. Child Support

California Family Code §3900 mandates the parent's obligation to support their minor children in a manner suitable to the child's circumstances. Additionally, all minors are owed a duty of support by their parents, regardless of the parent's marital status or whether or not the child is a biological offspring.

When determining child support, the court follows a mandatory statewide formula that considers:

• Each parent's income
• Amount of time each parent spends with the child
• Other discretionary factors

The main aim of child support is to improve the standard of living of the custodial household and the lives of the children.

To make sure you don't fall victim to an unfair order or settlement, we will use every discovery means available to get a clear picture of the other parent's income and assets. Our child support attorney in San Juan Capistrano understands the process and will work closely with you to ensure all information is correctly presented and considered. Contact Jos Family Law today for a case consultation.

E. Spousal Support

Either spouse may request spousal support after divorce. However, the request for spousal support isn't automatically granted. The court will consider a number of factors to determine whether spousal support should be paid. Some factors include:

1. Earning potential of each spouse
2. Length of the marriage
3. The age of each spouse
4. Assets & liabilities held by each party
5. Contributions made towards the marriage by each spouse
6. Hardships endured by both parties
7. Criminal records of spousal abuse
8. Other relevant factors

Jos Family Law’s spousal support attorneys in San Juan Capistrano know how to navigate the intricacies of alimony in California. We can guide you on whether spousal support will be warranted in your case, including estimations of potential payments and duration of spousal support.

F. Property Division

California has a community property approach to marital asset division. The California Family Code §760 states that all assets and debts accumulated during the marriage by either spouse are considered community property and subject to equal division during divorce. On the other hand, property acquired before the marriage and after the date of separation is considered separate and not divided after divorce.

However, complications may arise when community property is commingled with separate assets. For instance, if a spouse enters into a marriage with $100,000 but deposits this fund into a joint account, the money may become community property.

During asset division, the first step is to categorize all assets and debts as community or separate. Following this, the value of the community property must be assessed. The spouses may then negotiate on how to divide these assets and liabilities. If an agreement cannot be reached, the judge will determine asset division as per the laws.

At Jos Family Law, our asset division attorneys have handled thousands of high-net-worth divorces. Whether inside or outside the courtroom, we will ensure you get your fair share with a just outcome.