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Expert Spanish Speaking Divorce Lawyers Orange County
Divorces can be particularly emotionally charged, but our unwavering support ensures that you remain secure and steady during such a high-stakes process. We walk with you step-by-step so that you understand your rights and your options.
Take Decisions With Expert & Affordable Legal Counsel
Take Decisions With Expert & Affordable Legal Counsel
Learn More About California’s Divorce Laws
Find California’s divorce laws too complicated? Luckily for you, we are here to explain them in simple terms.
Who better than Binoye Jos to empathize with your divorce process, who himself created 198 filings with the court that cost more than $400,000 to gain 50% custody of his son? Now you can not only take a leaf out of his book, but also emulate his winning strategy under his guidance, via his law firm- Jos Family Law.
According to the California Family Law, divorce aka dissolution of marriage is a legal condition when persons previously legally married are deemed single again. Simple as it sounds on paper, the actual process is emotionally turbulent and full of heady confusion that can leave even the strongest spouse dizzy! Don’t worry, we are here to explain the basic terms of California’s divorce laws so that you get a clear picture of them.
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California's Residency Requirements
At the time of filing for divorce, Section 2320 of the California Family Code requires at least one of the parties to be a resident of California for at least six months and of the filing County for at least three months.
Note: If these conditions are not met, the court may dismiss your case and you may have to wait before filing for divorce again. However, the above law does not apply to same sex marriages as long as:
- the marriage was entered in California
- Neither party to the marriage resides in a jurisdiction that will dissolve the marriage
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Divorce Waiting Period in California
In California, the spouses must wait for at least six months since the divorce petition and summons have been served to the respondent, according to Cal. Fam. Code 2339(a).
Note: The six months is the earliest at which a divorce can be completed. However, depending on the complexity of your case, paperwork, valid reasons shown by either spouse and further court proceedings, the timeline may be extended.
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Is California a No-Fault State?
California is a no-fault divorce state, which means that divorcing couples do not need to state a reason for divorce, as per Cal. Fam. Code 2311. Even proof of infidelity will have no bearing on the divorce order. However, certain issues such as domestic violence or substance abuse, can still affect decisions involving children.
What Makes Jos Family Law The Best Divorce Lawyers in Orange County?
Our seasoned lawyers stand by you, with you, from start to finish to achieve the best possible outcomes involving your rights and interests.
- Se Habla Espanol!
- 55+ years of combined experience
- Proven track record in Orange County
- Personalized strategies that best work for your success
- We help with property and asset division, spousal support (alimony), child custody and visitation, among others.
- Prompt grievance resolution
- Seamless communication 24*7
Services Jos Family Law Specializes In
Take a deep dive into our diverse divorce services to see whether they match your unique case
Contested & Uncontested Divorce
In uncontested divorce, both spouses agree to end the marriage on their terms and the settlement decisions are made by the parties. Contested divorces are far more complex, drawn out, and expensive. Here the court decides on major issues like asset division, child custody, child support, and visitation. Our divorce experts will ensure that you are not taken advantage of and receive a settlement that you and your loved ones deserve.
Child Custody & Visitation Rights
Our compassionate Spanish divorce lawyer in Orange County can help you during one of the most contentious phases of your divorce proceeding. The court mandates mediation before the divorce proceeding to help make a decision that best suits the child, by observing which parent was actively involved in the child’s life and upbringing. Ultimately, the court can award sole custody if the child’s life is endangered in a shared custody arrangement.
Legal Custody
Legal custody refers to who makes important parenting decisions on the child’s behalf. This may involve decisions like which school the child goes to and healthcare decisions, among others. Our diligent lawyers can help win legal custody in your favor if you are aiming for sole legal custody. However, in case of shared custody, both parents are eligible to make decisions for their child/children.
Physical Custody
Physical custody encompasses which parent the child will physically reside with. Like with legal custody, this can be a sole or joint arrangement where the child can live with both parents for equal amounts of time or live with one parent where the other is granted visitation rights on weekends or holidays.
Spousal Support & Alimony
Our highly seasoned divorce lawyers who speak Spanish can grant you a leverage in receiving alimony if the Court deems you deserving of it. Alimony restores parity between parties, especially when one of the spouses missed career or education opportunities because they were busy supporting the other’s career. However, if you are deemed physically or mentally fit enough to work, you may be granted a temporary alimony until you find employment
Property & Asset Division
California is a community property state, which means all marital assets and debts are divided 50/50 after divorce. Equitable distribution of assets, not involving separate property, is a highly complicated process involving business valuations, salary, real estate, bank accounts, retirement accounts, capital gains, pensions, and stock options acquired during the marriage. This is where our seasoned Divorce Lawyers can help
Mediation & Alternative Dispute Resolution
One of the most amicable ways for spouses to reach an agreement is through mediation involving a third party mediator who facilitates communication and cooperation. This is different from traditional litigation which involves the court making determinations in the final decree. Couples can also resolve their dispute outside of court in the presence of their attorneys or a private arbitrator to speed up the process.
The Divorce Process At Orange County
Let us walk through the divorce process in California step-by-step1
Initial Consultation and Case Evaluation
Our Spanish divorce lawyer OC will review your case so that you are made aware of your rights and options. At this point, you will be explained how the law applies to your case, and given expert legal counsel to prepare and proceed with your divorce.
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Filing the Divorce Petition
You must file the relevant forms and pay the court fee. The form FL-110 (Summons) will be sent to the other spouse to inform them of the proceedings
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Serving the Divorce Papers
Once the petition is filed, it must be served to the other spouse. This can be done in person by a server or through electronic means.
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Response from the Other Party
The respondent must file a response within 30 days of receiving the petition. If they fail to do so, the divorce proceeds as default in their absence.
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Financial Disclosures
Both parties disclose financial information to each other, including all assets and debts. This is a crucial step that sets the course for alimony, child support, and property division.
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Negotiation, Mediation, or Litigation
Parties may mediate amicably with each other in the presence of a third-party mediator to minimize conflict and legal costs, without involving the court. However, if mediation fails, the case will go the traditional route of going to trial
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Finalizing the Divorce Agreement
The final decree is issued by the court, dissolving the marriage and finalizing the terms such as custody agreements, asset division, and support obligations
Frequently Asked Questions
Frequently Asked Questions
Answers to common questions about child custody laws, custody rights, court decisions, and modifying custody orders in California.
Language matters, especially during a divorce. Working with a Spanish-speaking divorce lawyer helps ensure nothing is misunderstood and that your concerns are fully heard. At Jos Family Law, we also understand the cultural and family dynamics common in Hispanic households, which allows us to provide more personalized representation.
You can ask for recommendations from friends and family or search online. Evaluate on the basis of reputation, recognition, and experience as well as.
Attorney fees for Spanish-speaking divorce lawyers in Orange County vary based on the complexity of your case. Costs may depend on whether the divorce is contested, involves children or assets, and how quickly issues are resolved. At Jos Family Law, we discuss fees clearly and transparently during your consultation.
It depends on whether the house was a community or a separate property. Community property is divided equally, with exceptions to contributions, agreements, and financial needs.
California courts usually decide in the best interest of the child. This involves safety, stability, each parent’s involvement and the child’s needs.
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