Our Divorce Services
A. Contested Divorce
A contested divorce occurs when spouses cannot agree on key issues, such as child custody, asset division, or spousal support, necessitating court intervention. When negotiation or mediation fails to resolve disputes between spouses, a family court judge decides on these key aspects.
Contested divorces can be emotionally challenging, time-consuming, and expensive, but having a skilled Yorba Linda divorce attorney can significantly improve the chances of a favorable outcome. Our team of contested divorce attorneys is committed to providing strategic representation and counsel tailored to your situation. The law offices of Jos Family Law are experienced in managing the complexities arising out of contested divorce, ensuring your rights are protected at every step of the way.
B. Uncontested Divorce
An uncontested divorce is a hassle-free way to end your marriage. Compromise and agreement are essential for an uncontested divorce, which is often a tough ask for divorcing couples. When pursuing an uncontested divorce, don’t do it alone. Hire a Yorba Linda divorce attorney from Jos Family Law to help you split amicably with your partner.
We ensure minimal conflict when negotiating a settlement, addressing all issues and concerns in your divorce. Our seasoned uncontested divorce attorneys ensure your marriage is dissolved quickly and easily without errors.
C. Child Custody & Visitation
Child custody and visitation are some of the toughest issues in a California divorce. If you and your spouse cannot determine how to split custody of your children, the court will decide it for you. In California, the judge will determine custody based on the best interests of the child's standard. The court will consider the following:
- Health, safety, and well-being of the child
- Amount of contact with each parent
- Age and health of the child
- The ability of each parent to care for the child
- The child’s ties to school, home, and community
- Parent’s history of domestic violence or substance abuse
Based on these factors, the court will decide where the child will reside (physical custody) and which parent will make important decisions regarding the child’s education, medical care, and upbringing (legal custody). Both these custody types may be either jointly exercised by both parents or the sole right of one parent.
At Jos Family Law, we understand the desire of families to provide the best for their children. Our Orange County child custody lawyers are ready to help you navigate the California child custody process. We will work tirelessly to protect your relationship with your child and their best interests. Whether you want to establish custody or modify an existing arrangement, Jos Family Law can achieve your goals in a timely and affordable manner.
D. Child Support
In California, the courts calculate child support following uniform guidelines. These guidelines can be complex to understand and navigate for parents. California laws emphasize that both parents have the duty to contribute toward their child’s financial needs. The court will consider the following when determining child support:
- Each parent’s income
- Time spent by each parent with the child
- Special needs of the child
If you want to learn more, establish, or modify child support, call our child support attorney in Orange County to discuss your situation. We are committed to providing high-quality and affordable representation to clients throughout the Orange County area. Our attorneys understand how difficult this time in your life may be, and we are here to simplify the legal process as much as possible.
E. Spousal Support (Alimony)
In California, the law states that spousal support or alimony can be requested when one party files for divorce or separation. If granted, the higher-earning spouse will be ordered to pay a spousal support amount to the lower-earning spouse. Spousal support can be obtained through collaborative means or mediation. But, if the divorce is contested, the court will decide whether alimony is warranted.
While alimony is not mandatory, it aims to maintain the standard of living of the lower-earning spouse. According to California Family Code Section 4320, the judge will consider several factors to determine whether alimony should be paid and how long it should be paid for. These factors include:
- Earning capacity of each party
- Ability to pay support as per income, assets, earning capacity, and standard of living
- Length of the marriage
- Age and health of each party
- Assets & debts of each party
- Any history of domestic violence between the parties
If you are filing for a divorce, it is important to educate yourself on California spousal support laws. At Jos Family Law, we have 55 years of combined experience to put to work for our clients. We have represented both sides in alimony requests, protecting their best interests and fighting for their rights.
F. Property Division
California laws state that all marital assets and debts must be divided equally between the spouses after divorce. This basis is derived from community property laws, which means the court will ensure a 50/50 split of all property co-owned by the spouses. Community property includes all property acquired during the marriage, whereas separate property is the individual property of a spouse acquired before the marriage or received by gifts/inheritance.
Community property includes the following:
- Bank Accounts
- Business Interests
- Real Estate
- Retirement Accounts & Pensions
- Intellectual Property
- Jewelry, Antiques, & Collectibles
- Stock Investments
- Valuable Art
- Vehicles
Asset division laws are complex, especially if high net-worth assets are involved, or the spouses have commingled assets. Having an experienced attorney can ensure that property is correctly divided in your divorce.
No asset division case is too complex for us. Our asset division attorneys in Orange County will guard your financial interests, ensuring you retain all assets rightfully yours. If need be, we can also include financial accountants and business appraisers to correctly value all properties. We have the experience to assert your rights in court and preserve your future.
