EASE THE CHALLENGES OF DIVORCE WITH ACCOMPLISHED IRVINE DIVORCE ATTORNEY
Divorce may be one of the most difficult things you ever go through, and it can be made even worse if you don't have the right attorney to help you through it. The most important & essential step you can take in protecting your interests in a divorce is to hire the right attorney to represent you.
You can't truly control what your spouse does, but you can actually control your own actions! Hiring the right Divorce Attorney Irvine has to offer will put you in the best position possible to get what you precisely want from your divorce, especially when it comes to custody, spousal support, & property division.
Will There Be Any Lifestyle Changes During Divorce Proceedings?
No one really wants to think about getting divorced, but it's an unfortunate reality for many people. If you really find yourself in this situation, it's important to have a good divorce attorney on your side. Here are a few vital things to keep in mind as you go through the process.
You need to gather all of your financial information, including retirement funds and pensions, stocks and bonds, real estate holdings, and investments. It is not uncommon for these assets to be hidden or mislabeled by one spouse - so don't leave anything out!
The lawyer will also need to know any debts that you owe and any pending lawsuits or legal disputes that could impact your ability to support yourself financially. It's worth noting that spouses may have different goals when going through a divorce. One person might want custody of their children, while the other party may only want custody of their pets!
You'll need to communicate these differences early and often with your lawyer in order to ensure you're both on the same - page before signing off on any documents. Your lawyer can help you come up with a plan for how you would like to divide your property if you can't really agree on how to do it together.
Once you sign over your shares of marital property, they become yours legally and cannot be taken away from you without being bought back. While nobody goes into a marriage expecting to get divorced, there are plenty of divorces in California every year. Don't get caught unprepared: talk to our divorce attorney today!
Reliable Advice & Support In Getting Through The Divorce Process
So How Do I Protect My Assets?
You've worked hard for your assets, so it's important to protect them during a divorce. Here are a few vital tips on how to do just that:
- Don't hide or conceal property from your spouse.
- Avoid making large gifts before filing for divorce.
- Don't buy expensive new cars or houses before getting divorced.
- If you're going through a long-term marriage, make sure you keep separate bank accounts and investments and don't commingle funds.
- Seek advice from a seasoned Divorce Attorney in Irvine.
- Remember to save copies of everything - if anything gets lost or damaged, these backups will come in handy.
- Take pictures of every room - this will help identify valuable possessions as well as possible safety hazards such as asbestos and lead paint.
- Talk to your kids about the divorce - let them know they're not alone and tell them why mommy and daddy aren't living together anymore.
- Prepare yourself for when the other parent asks to see your children - say yes, even if you feel like saying no. More time spent with their other parent helps kids heal faster and grow stronger.
Maintaining order during a difficult time can be tough, but following these tips will give you the best chance of protecting yourself and preserving your wealth after the dust settles.
Helping Families Start New Chapters Of Their Life
You Can Rely On Jos Family Law In Irvine To Represent You In Your Divorce.
Irvine Divorce Attorney is home to many law firms, and Jos Family Law is there to give a hand as well. We serve Irvine with all its family law and divorce needs.Divorce is a sensitive subject & is not to be taken lightly. We understand that it is not easy to even speak about getting a divorce in most cases. In others, sometimes it's best for safety reasons. Regardless of the reason, Jos Family Law serves Irvine with empathy and sympathy.
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, which is why Jos Family Law is here for you
At Jos Family Law we are available to provide free consultations, at any time, including the weekends or evenings.
Request a free consultationTake Control Of Your Divorce Today!
Divorce In Orange County
Our beautiful state of California is a community property state. This means that any property acquired by either spouse during a 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.
Occasionally, the court splits the property based on the idea of "quasi-marital property." If the parties have migrated to California from other states/countries, the court refers to the property they obtained during their marriage in other states/countries as "quasi-Community property" in a divorce case.
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, and you did not know 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.
Are You Eligible For A Divorce?
You must have lived in O.C. for a minimum of three months and currently living here at the time of filing. 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.
Types of Divorce - Is There More Than One?
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: A contested divorce is the type of divorce we all grow up to fear. 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 and 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 the 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.
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.
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.
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 and assets, including the separate property, of each party. The immediate and specific tax consequences to each party. The supported party's contribution to the supporting party's career during the marriage.
Documented evidence of any history of domestic violence between the parties or perpetrated by either party against either party's child. The balance of the hardships for each party. Any other factors the court determines are just and equitable. 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.
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, and in some cases, paternity if a party raises issues on it. These child issues can be elaborated on under the custody page.
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.
No One Does It Better Than 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 case regarding their facts, advise them to act within the scope of those laws, and fight for you to be treated with the same reasonable and respectful behavior from the other side. We are the best Irvine divorce attorney.
If you are truly looking for a Costa Mesa divorce attorney who will mediate whenever possible and will use the court to make determinations when mediation falls short, feel free to contact Jos FAMILY LAW. 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 with you and helping you find the solution that best fits your needs an
Frequently Asked Questions
Yes, you can file for divorce in Irvine even if you don't live there. Divorce procedures may be started in any county in California so long as either spouse has resided there for at least six months prior to the filing.
The duration of the divorce process in Irvine can vary depending on the actual complexity of the case & the real willingness of both parties to cooperate. On average, an O.C. uncontested divorce can take around six months to be finalized, while a contested divorce may take longer, sometimes up to a year or more.
In Irvine, child custody decisions are made based on the best interests of the child. The court will consider various aspects, including the child's age, health, & any history of domestic violence. The O.C. court will likewise look at whether or not each parent can deliver a safe & nurturing home for the kid.
In Irvine, alimony, also known as spousal support, is determined based on aspects such as the length of the O.C. marriage, the earning capacity of each spouse, & the actual standard of living established during the marriage. The court will also consider any financial contributions made by each spouse towards the marriage & the real ability of the receiving spouse to become self-supporting.
Yes, it is possible to modify child custody or support orders in Irvine. However, there must be a significant change in circumstances that warrants a modification. Examples of such changes can include a parent relocating or a substantial change in income.
Irvine, O.C., follows the community property system, which means that all assets & debts acquired during the marriage are generally considered community property & subject to equal division. However, the court will consider factors such as each spouse's contributions to the marriage & their respective needs when determining the division of property & assets.