Westminster Divorce Attorney

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, where as 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 Family law attorney 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.