Seal Beach Divorce Attorney

Divorce Services in Seal Beach, CA

A. Contested Divorce

If there are unresolved issues in your California divorce, you and your spouse must take the matter to a family court. In these cases, the judge will determine a resolution regarding:

1. Child Custody
2. Child support
3. Spousal Support
4. Asset Division

Even disagreeing on a single issue can make a divorce contested. The judge will hear both parties, examine facts/evidence/testimonies, and make decisions in accordance with California divorce laws.

In contested divorces, our Seal Beach divorce attorneys are ready to help you achieve a resolution with aggressive courtroom representation. We will go the extra mile to represent your interests and protect your rights.

B. Uncontested Divorce

An uncontested divorce isn't decided by the judge. If both spouses file the marital settlement agreement and submit the necessary documents, the judge will review their case and make a judgment. An uncontested divorce can be resolved by:

1. Negotiation: Both parties, along with their attorneys, negotiate a settlement by agreeing key issues.
2. Mediation: A neutral third-party mediator facilitates discussion and helps both spouses reach a mutually beneficial settlement agreement.

Uncontested divorces are usually straightforward, but it is still advisable to have qualified legal representation to ensure you are not taken advantage of. Our Seal Beach divorce attorneys have worked with countless families to resolve their divorce amicably and smoothly.

C. Child Custody & Visitation Rights

One of the most important aspects of your divorce can be child custody. In California, child custody can be:

1. Physical Custody: Physical custody is the actual time that a parent has their child under care.
2. Legal Custody: Legal custody is the parental right to make decisions regarding the child's safety, well-being, education, healthcare, upbringing, religion, etc.

Both types of custody can be either solely given to one parent or jointly shared by both. In joint legal custody, both parents take part in decision-making, whereas in sole legal custody, only one parent can exercise his/her rights.

Similarly, in joint physical custody, both parents spend equal time with the child. In sole physical custody, the child resides primarily with one parent with the other parent getting visitation rights.

All custody decisions in California are made in accordance with the child's best interests.

Our child custody attorneys represent mothers, fathers, grandparents, and non-parents in child custody and visitation matters. We do our best to achieve our clients' goals and sustain or improve their relationship with the other parent, to minimize the effect of divorce on their children.

D. Child Support

Both parents have the legal duty to financially support their minor children. The court may order one or both parents to make regular payments to cover the child's living and healthcare expenses. California has a statewide guideline for calculating child support based on a standard formula. This formula takes into account the post-tax income of each parent and the percentage of time each parent shares with the child. The court takes many factors into consideration, including:

• The income of each parent
• Tax filing status of each parent
• Time spent by each parent with the child
• Other factors

At Jos Family Law, we understand your parental responsibility to support your children emotionally and financially. Our law firm ensures that your children are supported and get the resources they need to succeed in life. Throughout the process, our Seal Beach divorce attorneys will stand by your side and help you navigate all issues.

E. Spousal Support

In California, spousal support is paid to the lower-earning spouse to help them maintain the status quo after divorce. Alimony can be either temporary or permanent. The judge may order temporary spousal support to be paid while the divorce judgment is still pending. Permanent spousal support is paid once the divorce is finalized. The judge examines several factors to decide whether alimony is warranted in a case, including:

1. Length of the marriage
2. Earning capacity of each party
3. The extent to which the supported party contributed to the marriage
4. Supporting the party's ability to pay
5. Marital standard of living
6. And more

At Jos Family Law, we have represented both sides of alimony requests. Our spousal support attorneys in Seal Beach can establish, modify, or terminate alimony and strive to achieve an outcome that is fair and just.

F. Property Division

California follows community property laws, which state that all properties acquired after marriage are owned by both spouses. Community property is subject to equal division after divorce. Examples of co-owned marital assets are:

1. Family residence
2. Business ventures
3. Stock options
4. Retirement plans
5. Collectibles & antiques
6. Insurance policies & proceeds

Property brought into the marriage by one party, received after the date of separation, or acquired by gifts or inheritance is deemed separate property. Separate property is solely owned by one spouse and not divided post-divorce.

Don't let divorce take away your life's work. Our asset division attorneys specialize in representing high net-worth clients and protecting their assets. We'll ensure all assets are correctly identified and valued, and you get what you rightly deserve.