Yorba Linda Divorce Attorney

A Divorce Attorney in Yorba Linda, CA, Dedicated to your Family’s Well-being

Jos Family Law is dedicated to helping individuals undergoing divorce. We provide legal counsel and representation with compassion and understanding to families breaking apart. Our Yorba Linda divorce attorneys understand that marriage dissolution is a complicated and life-changing event, so we work closely with each client to address their personal concerns.

At Jos Family Law, we are knowledgeable in the latest family law developments in California and experienced with legal procedures. Every attorney at our law firm is committed to helping clients during the most difficult time in their lives. Together with clients, we create a comprehensive plan outlining the expectations, risks, and costs associated with their divorce and family law problems.

Contact our experienced divorce lawyers in Yorba Linda by calling (714) 733-7066 and take the first step towards a stress-free future.

Call (714) 733-7066 Schedule a Consultation

Why Choose Jos Family Law?

Experience

Over 55 years of combined experience in family law matters.
Zealous Advocacy

Compassionate yet aggressive approach to solving your legal concerns.
Tailored Support

Offering personalized guidance and support every step of the way.
Niche Expertise

Exclusive focus on divorce and family law in California.

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.

How Does the Divorce Process Work?

Step 1. Filing the Initial Petition

The first step is to file a divorce petition that initiates the divorce process. Either spouse can file the petition along with the requisite forms and documents.

Step 2. Serving the Petition

Once the documents are filed, they must be served to the other spouse. This can be done with either spouse signing an acknowledgment of service or being formally served with the petition.

Step 3. Response to the Petition

The spouse served with the documents has 30 days to file a response. If they fail to submit a petition of their own, the party is said to be ‘in default’, and the case proceeds as a default divorce.

Step 4. Financial Disclosure

California law mandates financial disclosures, where both parties make income and expense declarations. This financial transparency ensures fair and equitable division of marital property, as well as child & spousal support determinations.

Step 5. Negotiation & Settlement

Once disclosures are made, both parties may choose to settle their case by way of agreement. They may negotiate, mediate, or arbitrate an agreement resolving key issues like child custody, child support, visitations, spousal support, and division of community property.

Step 6. Trial

If the issues cannot be resolved by collaborative means, the case moves forward to trial. Both parties present evidence and witness testimonies for the judge to decide on key issues.

Step 7. Final Judgement

After trial or settlement, the judge will issue a final judgment. The divorce order legally dissolves the marriage and resolves issues like child custody, child/spousal support, and asset division. Both parties restore their single status and are legally allowed to remarry.

Request a Consultation with Experienced Yorba Linda Divorce Attorneys

Don’t let divorce erode your quality of life any longer. At Jos Family Law, we know how important it is to choose the right family law attorney for your Orange County divorce. Each attorney at our law firm is deeply committed to serving your needs. Take action today and contact our Yorba Linda divorce lawyers for an initial consultation. We are here to help you close the chapter on your divorce with tailored guidance and representation and move on stress-free in life.

Make an appointment today by calling (714) 733-7066 or contact us online.

Call (714) 733-7066 jos@josfamilylaw.com

Frequently Asked Questions

Answers to common questions about child custody laws, custody rights, court decisions, and modifying custody orders in California.

California is a no-fault state, which means neither spouse has to prove wrongdoing in their marriage to legally dissolve it. Citing irreconcilable differences is enough for marriage dissolution. This means that the non-petitioning spouse cannot stop the divorce by refusing to participate.

The initial court fee for filing a petition is $435. Additional expenses like hourly attorney rates and other court fees vary from case to case. The total cost will also depend on whether the divorce is contested or uncontested and the involvement of independent experts like forensic accountants, appraisers, child psychologists, etc.

As per California’s residency requirements, you or your spouse must have lived in California for at least six months before filing the petition. Additionally, one of the parties must also be a resident of the county where the petition is being filed for at least three months.

Once the petition is filed and served, the spouses must observe a six-month waiting period. If a settlement is reached, the earliest you can get a divorce is six months. But if issues are contested in court, it may take much longer.

In California, all property in a marriage is either classified as community property or separate property. Community property includes all property acquired by the couple in marriage, whereas separate property denotes property acquired before the marriage, after separation, gifts, and inheritances.

In the absence of a prenuptial agreement, community property is divided equally in California, and separate property is retained by each spouse.

The parental right to make decisions for the child’s welfare, including education, healthcare, and religious upbringing, is considered legal custody. On the other hand, physical custody denotes with whom the child spends a significant amount of time. Both physical and legal custody may either be shared by both parents or exclusive to one.

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