UNCOVER THE POSSIBILITIES OF A NEW START WITH TOP DIVORCE ATTORNEY HUNTINGTON BEACH
Divorce is never easy to face, no matter how amicable the separation or how many children are involved. It may be difficult & time-consuming even under perfect conditions; however, you don't have to go through it alone. Pick the best Divorce Attorney Huntington Beach has to offer at Jos Family Law.
Mr. Binoye Jos has experience handling all kinds of divorce cases, and he will be able to guide & help you sort out the issues surrounding child custody and child support, as well as asset division and spousal support.
What Is An Annulment, & How Can It Help Me?
An annulment is actually a legal proceeding that nullifies a marriage. Annulments are granted when a court finds that the marriage is voidable - meaning it was never valid, to begin with. The most genuine & common grounds for an annulment are fraud, duress, or unsound mind. If you can prove any of these grounds, you may be able to get an O.C. annulment.
Fraud means your spouse lied about one of the requirements for getting married, such as age, the number of marriages before this one, whether they were divorced before this one, and if they were widowed. Duress means your spouse forced you into marrying them by using violence or threats. An unsound mind means your spouse wasn't mentally capable of entering into a contract to marry at the time they did so.
Navigate Divorce Without Compromising What Matters Most
So What Are Its Pros & Cons?
An annulment won't result in alimony payments being terminated or affect property distribution (unless there's some other agreement). However, it will result in restoring you to single status and relieving you from having to make child support payments. It will also allow you (if applicable) to remarry without fear of committing bigamy. An annulment typically takes longer than a divorce but might be less expensive.
In many cases, an annulment is preferred because it allows you to maintain some of the religious aspects of your wedding ceremony while still terminating the legal marriage. On the other hand, if there's no religion involved in your marriage or you want to end all ties to your past marriage quickly, then you should pursue a divorce instead. Divorce usually takes less time and is cheaper than an annulment, but it does not grant you any of the benefits listed above. Call Mr. Binoye Jos today to see which route would be best for you and your family.
Your Complex Divorce Journey Needs Accomplished Support
What If My Spouse Is Abusive?
If you are actually considering divorce & your spouse is abusive, you need to be very careful. It would help if you did not try to deal with this situation alone. You need to have a good divorce attorney in Huntington Beach who can help you protect yourself and your children. There are many genuine reasons why people decide to get divorced, and some people may find themselves faced with complicated situations.
A seasoned lawyer can help guide you through the process of ending your marriage without getting hurt or causing any more harm. They will make sure that all necessary steps are taken to ensure that you will be safe. A consultation with our experienced Divorce Attorney Huntington Beach is always free, so it is worth the time just to see what they have to say.
At Jos Family Law we are available to provide free consultations, at any time, including the weekends or evenings.
Request a free consultationThe Reality Of Getting A Divorce In Huntington Beach
From the majestic views, beautiful pier, and miles-long stretch of PCH, what is not to love about Huntington Beach, CA? Jos Family Law proudly serves Surf City, USA's citizens' family law needs. If you are thinking about getting a divorce or have started the process, odds are you have more questions than answers.
These questions range from the necessity of going to court, the necessity of needing an attorney, how you will survive financially after the divorce, and everything in between. That is completely normal and fine to have more questions than answers, and that is what Jos Family Law is here for.
The current law says that California is a no-fault state. This strips away old common laws. This means that no one can be punished in divorce. The family code has made it clear that irreconcilable differences are enough to file for divorce.
Don't Tie Your, Or Your Attorney's, Hands!
The biggest part of the whole divorce that you must remember is that you create your own path in this matter. Each party's actions adversely affect the outcome, down to even a social media post. It all becomes a game of chess from the date of separation.
It is only beneficial to you and to give your attorney room to work for you, to act as if the world were watching your every move. Being reasonable gets you further in the case, but being respectful, courteous, and polite, despite your feelings towards the other person, will help you more than you know.
It helps to read up on the do's and don'ts of divorce. Educating yourself on the process and how the court views certain scenarios will make sure you avoid doing something that will land you in hot water.
Are You Eligible To Proceed With A Divorce?
It is important to note that, to file for "Dissolution" in Orange County, you must be a resident of California for at least six months. Additionally, you must be a resident of the county in which you seek to file for three months. So, in this case, you must have lived in O.C. for at least 3 months. After the initial filing, California law requires that the parties wait six months before the court can enter a final judgment of Dissolution.
After You Determine You Are Eligible, Then What?
To start a divorce, a "petition for Dissolution of marriage or registered domestic partnership" must be filed with the clerk of the court. As the name says, you're petitioning the court or asking them to dissolve the marriage they have on record for you.
Once that is done, what happens next? The person asking for the divorce, or as we all commonly call it, 'filing for divorce, will have to let the other party know they are trying to dissolve the marriage. This means they will serve them with notice.
After serving the other party, he or she has a limited amount of time to reply. Or, if you have been served, you only have a limited amount of time to reply. This same process of serving the other party, give or take a few forms, applies to separations and annulments.
This is where the game clock starts. Everything you do after can be used against you, hinder your case, or advance it. The same goes for the other party. Ideally, this is why it is best to have legal help early on to make sure you do not do anything that ties your or the attorney's hands.
When Children Are Involved
A huge part of divorce is the children. When there are children involved, your divorce expands threefold and now includes child support, child custody, visitation, & in some cases, paternity if a party raises issues on it. These child issues can be elaborated on under the custody page.
What Is The Best Path?
To start, are you divorcing, ending a domestic partnership, seeking a legal separation, or seeking an annulment?
As we live in the great state of California, ending a domestic partnership will be the exact same as a divorce. Domestic partnerships are afforded the same legal rights as marriages. The only difference is it is a different name to the court. Instead of a Dissolution of Marriage, you are seeking a Dissolution of Domestic Partnership. Every law written to say "spouse" will apply to your partnership but interchangeably apply to your partner.
If you want to have never been married, and the law allows it, you might be looking for an annulment. This is where the court "erases" any trace of that marriage. This will entail you will be "single" rather than "divorced" on paper. Not everyone will qualify. You cannot just annul a marriage because you do not want to have a divorce. Some of the general reasons may be:
- Fraud or misrepresentation- You feel your spouse lied about something completely unforgivable.
- No consummation of the marriage- Your spouse is unable to sexually produce or perform, & you did not know this before the marriage.
- Incest, bigamy, or underage party - The spouse is related by blood, making the marriage illegal under the statute, your spouse is married to someone else, or one of the spouses is not of age to consent to marriage, and there is no parental approval.
- Unsound mind- You or your spouse were unsound ( generally under the influence ) and not able to consent to the marriage.
- Force- You were forced into the marriage.
- A legal separation is when the law recognizes you as separate, but you're still married. This option is usually for financial reasons, anywhere from taxes to insurance purposes. This does have cons, with the most notable being you cannot remarry, as having two marriages at the same time is not legal in California.
What About Our Assets?
Our beautiful state of California is a community property state. This means that any property acquired by either spouse during the marriage is split 50-50 in a divorce. This is generally the course of action taken regarding property in the marriage, but sometimes you need to make sure the court knows your spouse gifted you the car, or maybe you had the house before the marriage. The scenarios are endless, but having an attorney who can apply the law to your scenario and let you know what can be done, is what counts.
The court sometimes divides the property under a concept called "quasi-marital" property. If the parties have moved to California from other states/counties, in a divorce action, the court calls the property that the parties acquired during a marriage in other states/countries quasi-Community property.
Types Of Divorce!
Summary Divorce:
Here, the spouses have no children, minimal assets, and any debt. Usually very simple, quick, and easy to have this done- minus the 6 month waiting period.
Default Divorce:
This is usually the one most spouses pray for. The filing party is granted a divorce by default. This is where the other party is nowhere to be found, or they simply choose to ignore the case and not respond or participate.
Mediated Divorce:
this is where you can use attorneys as a mediator to help you and your spouse communicate. This will help save on expenses, and if you and your spouse are filing paperwork without attorneys, it helps to have an unbiased intervention. Remember, even though your mediator is an attorney, they're your mediator, not your attorney.
Collaborative Divorce:
Here, both parties have attorneys, and all four parties sit together and try to negotiate and settle. This minimizes court time, saves court fees, and usually is quicker than a contested divorce.
Arbitrated Divorce:
This process is easily explained as renting a judge. This is not a way to "buy the judge," but rather, this method is efficient in expediting the process to have a trial at the ready on hand and keep the matter more private.
Contested Divorce:
The form of divorce we're conditioned to dread as youngsters are contested divorce. These are the divorces dramatically exploited in Hollywood. Here both attorneys fight on behalf of the clients and battle it out at trial. Generally, the attorneys are civil and try to negotiate and settle many smaller matters to reduce the trial length or even have one at all, but the parties are the ones calling the shots.
This is the type of divorce that most people have starting off if they are not reasonable or considerate. Here, it is imperative that you remember that everyone in your family and involved is adversely affected.
Applicabilities of Divorce!!
Community Property
California is one of 9 states that have community property laws. Community property, in simple terms, means that after marriage, the property, assets, and finances gained during the said marriage become shared. So, upon filing for a divorce, if no agreement was made otherwise, the property is usually divided 50/50.
Property Division :
Determining what type of property you have is the first critical step in establishing a solid foundation for your resolution of marital property. The parties are free to agree to all or any suggestions in dividing the assets, but there are also a handful of laws and cases that give an aspect on how to divide to remain fair. It is very helpful if you have a discussion while on speaking terms with your spouse about all the finances.
This is applicable to everything from bank accounts, debts, pensions, retirements, and properties. Whether you do this nonchalantly or transparently explain to them why you want this, having knowledge of this will let your attorney know what needs to be protected from being spent, destroyed, sold, or disposed of.
Additionally, having recent copies helps to prevent any excessive attorney fees for both parties in requesting these documents, known as discovery. These fees are billed to both sides when the request is made and answered.
ATRO's
Usually, in a divorce, a big concern is that when the responding spouse finds out about the divorce, he or she will begin transferring assets. Fortunately, your attorney can advise you on how to handle such a matter. I might have you swiftly file for Dissolution by serving the summons & petition, so they bind your spouse to the terms of the automatic temporary restraining orders (ATROs).
These restraining orders are clear and noticeable in the summons. These orders are to give notice to stop either party from getting rid of a property. Since the summons and petition are filed together, it is important to let the attorney know everything is happening and if your circumstances require an expedited filing.
Fiduciary Duty :
Divorces do not only involve your spousal support, children, and assets; most people forget they affect your debts. That's right; your credit will be affected by the divorce if you do not handle it correctly. Furthermore, a marriage is a fiduciary duty between the parties, and they have a duty to inform the other parties of any purchase, bank accounts, and other related items. This is important to note because this can either help or hinder your case. Not disclosing any accounts can cause you trouble, or your spouse doing this will hinder them.
Undue Influence :
When it comes to divorces, it is no secret that they get messy. While this is not the continuous case, it is the most recognized. Divorces generally become excruciating and churlish when the parties cannot agree on how to split the assets.
This can be a disagreement on the value of an item, resentment for sharing an asset with that spouse fueled by a spouse's disdain for the other, or due to a desire to create as much strife and complications in the proceedings as possible.
In the event of a more civilized divorce, when a spouse uses the relationship between the two of themselves to conduct an interspousal transaction ( deal between the two) where the deal is advantageous to one spouse over the other, an issue of undue influence arises. This is an unfair agreement by the use of the spouse's relationship with each other. Our firm can help you and be your Divorce Attorney in Huntington Beach.
Who Pays The Spousal Support?
Spousal support is determined by the section of the family code §4320. These include :
The standard of living that was established during the last 3-5 years of the marriage. This is basically what social class the marriage created for the parties. A determining factor is - can the person who is supposed to pay afford to pay? The length of the marriage is important - was it under 10 years, making it short, or over 10 making it long?
What are the financial needs of both parties? The earning capacity of the person to be supported? ( can this person get a job and keep the same type of life) Can the supported party work and not interfere with the children's care? The age and health of both spouses. The obligations & assets, including the separate property, of each party. The immediate & specific tax consequences to each party.
The supported party's contribution to the supporting party's career during the marriage. Any history of D.V. between the partners or by either parent against the other's kid, with supporting documentation. The fairness of the burdens imposed on either side. Anything else the court rules is fair & just.
The goal is that the supported party shall be self-supporting within a reasonable period, such as half the length of the marriage unless the marriage is of a long duration (over 10 years). Spousal support is generally tax-deductible to the supporting party and taxable as income to the recipient. It is best to discuss with your attorney the reasons you believe you are owed spousal support, or you cannot pay it.
Settle Things The Right Way With An Accomplished Divorce Attorney
Why Choose Jos Family Law
At Jos Family Law, we not only understand the law but respect it. We inform our clients of the laws governing their cases regarding their facts, advise them to act within the scope of those laws & fight for you to be treated with the same reasonable & respectful behavior from the other side. Our firm can help you & be your Divorce Attorney Huntington Beach.
We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your Dissolution matter & helping you find the solution that best fits your needs & desires.
Frequently Asked Questions
Divorce timelines can vary depending on the complexity of the case, but on average, it takes around six months to a year to finalize a divorce in Huntington Beach.
While it is not mandatory to hire an attorney, having legal representation can greatly help navigate the complexities of family law & ensure your rights & interests are protected during the divorce process.
The primary consideration for child custody in Huntington Beach is the best interest of the child. The court will consider the child's age, relationship with each parent, & each parent's capacity to meet their requirements.
Alimony is computed by considering the duration of the marriage, each spouse's earning potential, & the standard of living established throughout the marriage.
Yes, it is possible to modify certain aspects of a divorce agreement, such as child custody or support, if there is a significant change in circumstances for either party.
Mediation & collaborative divorce in Huntington Beach can assist couples in resolving disputes outside of court.