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1. Divorce Attorney in Aliso Viejo
Divorce in California can either be contested or uncontested. A contested divorce means
that both parties cannot reach an agreement regarding the terms of their divorce.
Alternatively, when both parties agree mutually to the terms of their divorce, it
becomes uncontested. In a contested divorce, the spouses must include and agree to terms
like:
- Child Custody
- Child Support
- Alimony
- Division of Property
If the divorce is contested, the court decides on these aspects based on California
family laws.
A contested divorce is much more time-consuming and costly than an uncontested divorce.
To avoid an emotionally draining, all-out court battle with your spouse, it is
imperative to hire an experienced divorce attorney. With over five decades of collective
experience, the Aliso Viejo family lawyers at Jos Family Law can review your case
thoroughly and provide legal options to obtain the most favorable outcome. We specialize
in contested, uncontested, and high net-worth divorces.
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2. Child Custody Lawyer in Aliso Viejo
Child custody disputes are the most difficult amongst family law matters for parents.
While the legal system recognizes parental rights, the focus in custody matters is
solely on the best interests of the child. There are two types of custody:
Legal Custody: Legal custody is the right to make decisions about the
child’s education, safety, welfare, healthcare, religion, and so forth. Usually, parents
are awarded joint custody where they work together to make decisions focusing on their
kid’s best interests. In some cases, where a parent is deemed unfit due to child
neglect/abuse or substance abuse, the court will grant sole legal custody to the other
parent. The parent with sole legal custody will have the final say in decision-making
and need only inform the other of the final decision.
Physical Custody: Physical custody is the actual time that a parent
physically has the child under their care. Many times, the parents will have joint
custody, as the child alternates between each household and spends an equal amount of
time with each parent. Sometimes, the court will order sole physical custody, where the
child will spend the majority of time with one parent while the other gets visitation
rights.
The parents may agree to any custody schedule among themselves. If they cannot decide,
they’ll have to attend FCS mediation, and ultimately, the judge will decide the child’s
best interests.
Family Code 3011 talks about the best interests of the child standard. The court must
consider the health, safety, and welfare of the child, the nature and amount of contact
by each parent, whether either parent has a drug or alcohol problem, and the history of
abuse by either parent, among other factors. Unless either party is deemed as an unfit
parent, it is considered in the child’s best interests to have frequent and continuing
contact with both parents.
Our child custody lawyers in Aliso Viejo specialize in child custody & visitation
matters. We represent mothers and fathers across Orange County to establish and enforce
their parental rights. We consistently try to achieve our client’s goals, doing our best
to preserve and improve the relationship between both parents so they can work together
and cooperate for their children.
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3. Child Support Attorney in Aliso Viejo
A big question in divorce is, who pays for the kid’s upbringing? In California, both
parents are legally bound to financially support their minor children. Child support is
usually paid by the non-custodial parent to the custodial parent. The court has
jurisdiction to order child support for a child aged 18 years old and completing high
school or a child who is 19 years old and unmarried, whichever is earlier. Guideline
child support is calculated by a computer program which takes into account the following
factors:
- The gross income of each parent
- Any applicable deductions
- The percentage of time the minor child spends with the non-custodial parent
A child support order may be enforced by the custodial parent if the non-custodial parent
fails or denies to pay support consistently. The former can move to court to enforce the
order, and the judge may order wage garnishment that would include past arrears
There are times when a child support order must be modified due to material changes in
circumstances. Changes in income, parenting time, or the needs of the child may warrant
a modification. Either parent can petition the court for a modification. The court will
assess whether circumstances have changed in a way to warrant a modification and whether
the proposed alteration would be in the child’s best interests.
The Aliso Viejo child support attorneys at Jos Family Law will help determine the right
amount of child support for your situation and will advise on the best way to ensure the
best interests of your child.
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4. Spousal Support & Alimony Lawyer in Aliso Viejo
When a marriage ends, there may be a significant disparity in the lifestyle of both
spouses. Previously known as alimony, spousal support is when the higher-earning spouse
financially compensates the lower-earning spouse after a marriage ends. The court
calculates alimony by using a specific system that considers a broad range of factors.
Based on this calculation, the courts determine the amount and length of alimony. These
factors include:
- Current earning capacity of each spouse
- Standard of living established during the marriage
- Length of the marriage
- Marketable skills of each spouse
- Financial contributions made by either spouse toward the other’s education or
training
It must be remembered that factors like remarriage of the supported spouse or changes in
income of the supporting spouse may be valid grounds for modification or even
termination of alimony.
California alimony laws are vast and complex, and you need the knowledge and experience
of a spousal support lawyer in Aliso Viejo to navigate the process. If you want to
obtain support or defend against paying it, the first step is to seek counsel from a
seasoned attorney. We will work directly with you to position you favorably in front of
the court and help maintain your standard of living after divorce.
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5. Property Division Lawyer in Aliso Viejo
Property division is the distribution of assets and liabilities between divorcing
couples. California operates under the legal framework of community property laws. The
core tenet of this rule is that all assets and debts acquired during the marriage
(community property) will be split equally or nearly equally. Separate property is the
property of the spouse who acquired any property before the marriage, after the date of
separation, or by gifts or inheritance. Separate property is not divided in a California
divorce.
Property division is a complex process, involving several key steps:
Identifying Assets & Debts: The first step is to identify all
properties, including real estate, business, stocks, retirement accounts, debts,
professional practices, intellectual property, art collections, personal property, etc.
Classification: The next step is to segregate the community and separate
property. If the spouses have commingled assets, it presents additional challenges to
the classification process.
Asset Valuation: The courts will require a thorough valuation of all
assets and debts. Depending on the complexity of assets, forensic accountants,
appraisers, and financial analysts may be called in for assistance.
Tax Planning: Asset division can have significant tax ramifications
for both parties. It's crucial to plan for capital gains or to transfer taxes.
Negotiation & Settlement: Both parties may negotiate a settlement to
divide property, saving time and money.
Litigation: If spouses cannot agree, the court will divide community
property between the spouses.
Property division can be complex and emotionally difficult. Working with an experienced
Aliso Viejo property division lawyer can help you navigate the process and secure the
assets you deserve.
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6. Domestic Violence Restraining Order
Domestic violence is an act or threat of abuse made against an intimate partner. Intimate
partners here include:
- Current or former spouse
- Current or former dating partner
- Fiancée
- Cohabitants
- Individuals having children together
- Individuals related by consanguinity or affinity
The law protects victims of domestic violence by granting restraining orders. These
orders are designed to prevent the abuser from coming near or contacting the victim. As
a victim, it's best to file a restraining order sooner than later. Our Aliso Viejo
family lawyers will help you by filing an emergency protective order which provides
immediate protection to victims who are in immediate and present danger.
An emergency restraining order is issued by law enforcement officers, typically giving up
to a week for the victim to file a case in court. The court will issue a temporary
restraining order, valid for up to 3 weeks, until a full hearing. In this full hearing,
it will determine whether a long-term restraining order should be granted. This final
restraining order may be valid for up to 5 years and can be extended beyond this period.
Hiring our attorneys will give you the peace of mind you deserve during this crucial
time. We give victims legal advice, support, and encouragement to navigate the process.
Our family law attorneys are skilled & experienced in helping victims at every step of
the way. Trust us for powerful advocacy on your behalf.
