Westminster Divorce Attorney

Seasoned & Compassionate Divorce Attorney in Westminster, CA, Helping Families Navigate Divorce

Ending a marriage is never an easy decision. The emotional upheaval combined with complex legal procedures can be confusing and overwhelming. Every divorce is unique, and it's important to approach your situation with a customized strategy. The lead Westminster divorce attorney at Jos Family Law focuses on helping families through divorce as quickly and efficiently as possible.

Binoye works closely with clients to resolve every issue with care and compassion, advocating for their best interests all along. The goal of our family law attorneys in Stanton is to find a lasting solution that helps you move forward in life.

Whether your divorce is contested or uncontested, Jos Family Law will provide personalized guidance and zealous representation through the process.

Call (714) 733-7066 to schedule a no-obligation consultation with our divorce lawyers in Westminster today.

Orange County Prenuptial Agreement Lawyer w-100

Why Choose Us?

Experience

55 years of combined experience in family law matters.

Proven Track Record

A respected law firm that specializes in obtaining successful outcomes for clients

Compassionate yet Aggressive Approach

Personalized & compassionate support to each client with aggressive courtroom representation.

Full-service Expertise

Proficiency across all areas of family law.


Divorce Services We Offer

A. Uncontested Divorce

An uncontested divorce occurs when both parties are in agreement over all issues. There are no disputes over child support, child custody, or division of property, and both spouses reach a settlement agreement without going to court.

At Jos Family Law, we focus on collaborative methods, like negotiation or mediation, to dissolve your marriage. We can negotiate on your behalf for fair terms with your ex-spouse or act as a neutral mediator to facilitate communication and help both parties reach common ground.


B. Contested Divorce

In a contested divorce, both spouses are unable to agree on one or multiple issues, such as property division, child custody, and alimony. When negotiations or mediations fail, going to trial becomes necessary. It's vital to hire a Westminster divorce attorney to protect your interests at trial.

California divorce laws are complex. From community property laws that state a 50/50 division of marital property to following the best interests of the child standard in custody cases, the legal framework surrounding family law can be challenging to navigate.

Attorney Binoye Jos will work closely with you at every step of the way by keeping you informed, listening to your concerns, and utilizing the best strategy to aggressively represent you in court.


C. Child Custody & Visitation

California follows the best interests of the child standard, which lays down factors that influence custody decisions. The age and needs of the child, the relationship with each parent, the ability of parents to agree and cooperate on important matters, and the history of abuse or violence of each parent, to name a few. By assessing these factors, the court will decide:

  1. Legal Custody:

    Legal custody is the right to make important decisions for the child's welfare, such as which school the child will attend, where the child receives medical care, and whether the child will engage in religious activities.

    Joint legal custody means both parents share these rights and responsibilities, whereas sole legal custody means only one parent has the right to make major decisions regarding the child's health, education, and upbringing.

  2. Physical Custody:

    Physical custody refers to where the child will live after divorce. The parent primarily responsible for taking care of the child is called the custodial parent, while the other parent is known as the non-custodial parent, who typically has visitation rights

    Physical custody can also be joint or sole. Joint means both parents spend significant periods with the child. Sole physical custody means the child primarily resides with one parent while the other parent can visit the child as per a stipulated arrangement.

    Generally, both parents share custody in California unless one of them is deemed unfit for parenting.

    Our child custody attorney in Orange County is ready to protect your parental rights and serve your children's best interests. Whether you want to establish custody or need help modifying one, Jos Family Law is dedicated to delivering a lasting solution for your family.


D. Child Support

As per §3900 of the California Family Code, both parents are legally responsible for supporting their minor children, regardless of marital status. Income is an important factor in child support

Once custody is established, the court will use a mandatory statewide formula to calculate child support. The formula takes into account:

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

The purpose of child support is to ensure the child has the same standard of living before the parents separated.

At Jos Family Law, our child support attorneys in Westminster, CA, will make sure both parties disclose financial information accurately. Whether you are receiving or paying support, we will work closely with you to ensure a fair settlement or trial outcome.


E. Spousal Support (Alimony)

Spousal support, also known as alimony, is the payment made by the higher-earning spouse to the lower-earning spouse after divorce to support them financially. It isn't a part of the divorce petition but is usually ordered when the court finds that the divorce caused imbalanced economic consequences for the spouses.

California alimony laws allow temporary alimony to a party before the final judgment and permanent alimony after the verdict. The court has the power to award temporary or permanent spousal support based on:

  1. Earning potential of each spouse
  2. Length of the marriage
  3. The age & health 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

For matters related to the establishment, modification, or termination of spousal support, contact the experienced spousal support attorneys in Westminster, CA, at Jos Family Law. Attorney Binoye Jos is your trusted and qualified family law attorney, helping families pursue a fair outcome for alimony disputes through settlement or trial.


F. Property Division

Some of the most complex and disputed issues in a divorce can be the division of assets and debts. California follows community property laws, which means all property acquired during the marriage will be divided equally between you and your ex-spouse. Assets and debts acquired before marriage or after separation, gifts, and inheritance are exceptions to community property laws.

All real estate, business interests, investments, retirement funds, and intellectual property acquired during marriage are subject to a 50/50 split. However, spouses often end up commingling their assets, making it difficult to properly identify community and separate property. Forensic accountants or appraisers may also be required in cases where the spouses bring high net-worth assets into the marriage.

Our asset division attorneys in Orange County are committed to helping clients and their financial interests during a divorce. Backed by 55 years of combined experience, we ensure your spouse accurately declares all assets, identifies any hidden assets, and properly values each asset to achieve a just and fair division.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

The Divorce Process in Westminster, CA

  1. Qualifying for the Divorce

    Before filing the petition, you must meet California's residency requirements. Either you or your spouse must have lived in California for six months or more and in the county where the petition is filed for at least three months or more.

  2. Filing the Petition

    The spouse initiating the divorce must file a petition along with the necessary documents.

  3. Serving your Spouse

    The petitioner must serve their spouse with a copy of the petition through proof of service

  4. Response to the Petition

    The served spouse has 30 days to respond to the petition. If they do not file a response, the case moves forward as a default divorce.

  5. Temporary Orders

    The court may set a temporary hearing to make temporary orders regarding alimony, child custody/support, etc

  6. Financial Disclosures

    Both parties exchange financial information regarding all income, assets, debts, and expenses

  7. Settlement Negotiations

    The spouses may negotiate or mediate a settlement by agreeing on key aspects regarding child custody, child support, alimony, and property division.

  8. Trial

    If a settlement is not reached, the matter goes to trial, where a family court judge hears both parties

  9. Final Order

    After examining facts, testimonies, and evidence, the judge makes a ruling and finalizes the divorce.

Orange County Domestic Violence Attorney

Frequently Asked Questions

To start the divorce process in Orange County, you must ensure you meet the residency requirements. Once you or your spouse has lived in California for at least six months and in Orange County for at least three months, you can file the petition for divorce and start the process.

California follows a no-fault divorce concept, which means that divorce will be granted if one spouse cites irreconcilable differences that led to the irrevocable breakdown of the marriage. In simple terms, this means that divorce will be granted even if one spouse doesn't want the marriage to end.

While the processes are similar, you are still considered married under legal separation, but your marital status is terminated at the end of a divorce. Legal separation is not an essential step in divorce.

The soonest you can divorce and attain single status is six months from the date when the petition is served to your spouse. However, if issues like child custody and property division are contested, it may take much longer than that. Uncontested divorces are usually resolved in a few months, whereas contested divorces may take several years.

If your ex-spouse violates any custody or support order, you may request the court to look into the matter. Repeated violations will result in contempt of court, leading to penalties and jail time. You can also petition for a modification if material circumstances have changed.

Divorce Attorneys in Westminster, CA, Helping Families Compassionately

At Jos Family Law, we understand that divorce is stressful and complicated for the whole family. We provide zealous advocacy and protect your family's best interests throughout the process

Every Westminster divorce attorney at our law firm is compassionate and meticulous in their approach. Let us guide you through the most difficult part of your life

Call (714) 733-7066 to schedule a consultation and learn how our divorce lawyers in Westminster can put their skills and dedication to work for you.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

cleint cleint

Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

....Read More
cleint cleint

Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

....Read More
cleint cleint

Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

....Read More
cleint cleint

Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

....Read More
cleint cleint

Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

....Read More
cleint cleint

Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

....Read More
cleint cleint

Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

....Read More

Get your consultation today

(714) 733-7066