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.
55 years of combined experience in family law matters.
A respected law firm that specializes in obtaining successful outcomes for clients
Personalized & compassionate support to each client with aggressive courtroom representation.
Proficiency across all areas of family law.
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.
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.
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:
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.
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.
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:
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.
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:
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.
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.
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.
Please call, email, or contact our office online to arrange an appointment for your case today.
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.
The spouse initiating the divorce must file a petition along with the necessary documents.
The petitioner must serve their spouse with a copy of the petition through proof of service
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.
The court may set a temporary hearing to make temporary orders regarding alimony, child custody/support, etc
Both parties exchange financial information regarding all income, assets, debts, and expenses
The spouses may negotiate or mediate a settlement by agreeing on key aspects regarding child custody, child support, alimony, and property division.
If a settlement is not reached, the matter goes to trial, where a family court judge hears both parties
After examining facts, testimonies, and evidence, the judge makes a ruling and finalizes the divorce.
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.
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.
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.
Please call, email, or contact our office online to arrange an appointment for your case today.
4.8 (139)