Stanton Divorce Attorney

A. Contested Divorce

A contested divorce is one where conflicts and disagreements are rampant between the spouses. They cannot agree on one or all of the details of their divorce, which means their case moves up to trial. During the trial, both parties will present their arguments, witnesses, and evidence and the judge will decide the following issues by applying California divorce laws:

1. Child Custody & Visitations
2. Child Support
3. Spousal Support or Alimony
4. Property Division

At Jos Family Law, our Stanton divorce attorneys understand that not all marriages are the same. We will strive to negotiate with your ex-spouse or mediate a solution to end your marriage as amicably as possible. If that doesn't work, we will represent your interests and protect your rights vigorously in court.

B. Uncontested Divorce

An uncontested divorce is when both spouses mutually agree on every aspect of their divorce, including child custody, child visitation, division of assets, and other important issues. Although uncontested divorces are relatively straightforward, quicker, and less expensive than litigated divorces, it's still recommended that you work with a divorce lawyer in Stanton. Consulting with an experienced attorney can smoothen the process.

At Jos Family Law, our attorneys will help you and your ex-spouse arrive at a mutually beneficial settlement, review the details, and ensure your rights are protected in the final agreement.

C. Child Custody & Child Visitations

In California, child custody cases can be hotly contested between parents. Most often, child custody disputes are settled in the divorce proceedings, but sometimes, the court may require a separate trial to ensure the best interests of the child are taken into consideration.

The court will decide how much time each parent spends with the child (physical custody) and which parent makes important decisions regarding the child's education, healthcare, safety, and religious upbringing (legal custody). Their decision will be based on the best interests of the child standard, which is determined by a host of factors:

1. The child's age & needs
2. Parental ability to care
3. Whether parents can communicate & cooperate in making important decisions for the child
4. The relationship between the child and each parent
5. Any history of domestic violence or substance abuse by either parent
6. The child's wishes

Our child custody attorneys in Stanton focus on advocating for children in every family law case. We formulate personalized strategies to pursue the best possible outcome for children while protecting your parental rights. Our attorneys are committed to fostering a positive result for parents who want the best outcome for their children.

D. Child Support

In California, child support is mostly assigned during divorce proceedings. The law makes it the legal duty of both parents to financially support their minor children, irrespective of marital status and whether the child is a biological or adopted offspring.

It is up to the parents to create a child support plan, as they are best positioned to understand their children's actual needs. If they cannot decide, the court will use a guideline formula that takes into consideration:

• Each parent's income
• The time spent by each parent with the child
• Number of children
• Special needs of the child
• Other factors

Our child support attorneys Stanton understand that each family is different. Whether you are the receiver or the payor, we will deliver a comprehensive legal strategy that is just and fair. Our experienced attorneys will assess your child's financial needs and your and your ex’s income to achieve the best possible outcome.

E. Spousal Support

Spousal support is a personal and delicate matter in every California divorce. The aim of spousal maintenance laws is to ensure that the lower-earning spouse maintains financial stability after the marriage is dissolved. Alimony isn't automatically granted in a divorce. Either spouse may submit a request for spousal support in the original divorce petition. The court will decide whether or not to award alimony and its duration by assessing the following factors:

1. Living standards established during the marriage
2. Each spouse's income, assets, expenses, and debts
3. Length of marriage
4. Each spouse's earning capacity
5. Contributions made towards the marriage
6. Age and health of both spouses
7. Tax consequences
8. And more

By understanding your lifestyle, needs, and the quality of life you are accustomed to, our spousal support attorneys will deliver tailored solutions that uphold the rights of our clients, no matter which side of the alimony debate they are on. We will negotiate on your behalf to reach a fair and gainful result for your needs.

F. Asset Division

In California, the assets and debts owned by both spouses are subject to equal division. This includes all property acquired during the marriage. This is the basis for the community property laws, which state that marital property is co-owned by both spouses.

Marital property, or community property, includes:

1. Real estate, including marital homes, vacation homes, and rental units
2. Bank accounts
3. Stock investments
4. Retirement funds, IRAs, 401(k)
5. Business interests
6. Intellectual property
7. And more

All assets acquired before marriage, gifts, and inheritances are deemed separate property of the respective spouse and not subject to division.

The presence of significant assets can highly complicate your divorce. Our high-asset divorce attorneys excel in precise valuations of financial portfolios. We work with forensic accountants to ensure each asset is properly classified and appraised to minimize discrepancies that may be detrimental to your financial interests. Our seasoned attorneys have the experience and expertise to handle high net-worth divorces, ensuring your interests and rights are safeguarded by achieving the best possible outcome.