NEED A SEASONED LAKE FOREST DIVORCE ATTORNEY? LET US HELP YOU!
If you're actually struggling with the aftermath of a bad relationship & wondering how to move forward, you have plenty of genuine choices available to you. One option, of course, is to try to work things out on your own – but even if this succeeds, it can be an emotionally draining experience
If you'd prefer an outside perspective or simply don't feel up to the task, consider hiring a seasoned Lake Forest Divorce Attorney to help you through the process instead. Mr. Binoye Jos from Jos Family Law is among the top family lawyers in California & is here to make things easy for you. We handle all sorts of family law matters, including divorces, spousal support, child custody, child support & more.
How Will A Lake Forest Divorce Attorney Help Me?
If you're actually considering filing for divorce or have already been served with divorce papers, you may be wondering how a Lake Forest divorce attorney can help you. Here are a few among the many ways we can help:
- We'll take care of the legal paperwork and filings for you.
- We'll draft an agreement that reflects your wishes.
- We'll keep the proceedings as private as possible to protect your children and family from any embarrassment or conflict that might come up during the process.
- We will negotiate on your behalf so that you get what is fair and just in the settlement agreement
- We'll represent you in court if it becomes necessary
- We'll guide you through the entire process, making sure all bases are covered, and no problems arise at the end.
A legal separation is when the law recognizes you as separated, 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.
Will You Be Eligible To File?
You must have resided in OC - Orange County for a minimum of three months. The parties must wait six months after the original petition before the court may make a final judgment of dissolution.
fter 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.
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 (ATRO's).
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.
At Jos Family Law we are available to provide free consultations, at any time, including the weekends or evenings.
Request a free consultationWho Pays 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.
What Happens 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.
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. Don't tie your, or your attorney's, hands!