ENDING YOUR MARRIAGE DOESN'T HAVE TO BE THE END OF YOUR FUTURE - TOP DIVORCE ATTORNEY SANTA ANA IS HERE TO HELP!
The number of couples getting divorced has been steadily rising over the last few decades. If you're actually going through a divorce, whether it's your first or your fifth, it can be tempting to simply rush into things without paying close attention to what you need to do next. Undoubtedly divorce can be among the most stressful and expensive experiences in your life, which makes finding the right divorce attorney even more important.
Mr. Binoye Jos, the best Divorce Attorney Santa Ana has to offer, is the wise choice if you want to ensure that you are treated fairly in court, that your rights are protected, and that you get the fresh start you deserve at the end of it all. A divorce can be an emotional ordeal, but having an experienced & knowledgeable divorce attorney by your side will make it a much more manageable process for you.
Things You Should Know About Divorce Proceedings
If you're really considering filing for divorce or have already been served with divorce papers, it's essential & vital to understand the basics of divorce proceedings. Here are a few vital things you should know about:
- How do I fill out my papers?
- What will happen if I don't get a lawyer?
- Where do I file my answer?
- Do I genuinely need to go to court?
- When is my court date?
- How does the judge(O.C. court) decide who gets custody of our children?
- What if we can't agree on anything?
- Will I lose all my property during a divorce proceeding?
- Does California law protect me from getting cheated in a divorce?
- Who decides how much spousal support I'll receive or pay?
- When am I eligible for alimony in California?
- What else should I know before getting divorced?
If you're wondering how to proceed with a divorce in California, contact Mr. Binoye Jos at Jos Family Law, the best Divorce Attorney in Santa Ana. You can get help with your individual situation and questions as you go through your divorce proceedings.
This will help ensure that you receive fair treatment during your divorce and maximize support while being equitable in your settlement agreement. Our skilled and knowledgeable family law attorney can make all of the difference between winning or losing in court and will be able to bring forth evidence for an agreed-upon settlement or even an uncontested one if possible.
Finding Closure Through Expert Divorce Representation
Things That Could Get You In Trouble During Your Divorce Case
- Trying to hide assets or income from your spouse - if your spouse finds out, it could jeopardize your entire case.
- Lying to or withholding essential information from your attorney - will only make things harder in the long run.
- Refusing to cooperate with your spouse or their attorney - will only make the process more difficult & stressful.
- Getting into arguments with your spouse during the divorce proceedings - can be used against you in court.
- Letting anger/depression get the best of you - try to keep a level head throughout the process, both for yourself & for your children's sake.
- Relying on friends or family members for emotional support rather than your attorney - while they may have genuinely good intentions, they may not know what is best for you during this period.
Get Seasoned Legal Counsel When Making Life-altering Decisions
Mr. Binoye Jos Can Help You Make the Right Choice!
Jos Family Law is proud to serve all of Santa Ana's family law requirements. Santa Ana is the central hub of Orange County & has a sizable population. Our team at Jos Family Law gladly provides the service that the city's citizens require. Choose the award-winning best Santa Ana Divorce Attorney.
Divorce may be a difficult issue, but it's important to consider your alternatives and the possibilities that may or may not occur. If you're actually considering divorce or have already begun this family law process, chances are you have more questions than answers. These issues vary from the need to go to court to the necessity of hiring an attorney, as well as how you will manage financially after the divorce.
It is perfectly natural and acceptable to have more questions than answers, and JFL is here to help. According to current legislation, California is a no-fault state. This eliminates ancient common laws. This means that no one may be penalized as a result of the divorce. The family code makes it clear that irreconcilable disagreements are sufficient grounds for divorce.
Are You Eligible To File For Divorce?
It is vital to remember that in order to apply for "Dissolution" in O.C., you must have spent at least 6months in California. In addition, you must have lived in the county where you want to file for three months.
In this situation, you must have resided in Orange County for at least three months. Following the first petition, California law requires the parties to wait six months before the court may make a final Dissolution decision. Contact the top divorce lawyer in Santa Ana.
After You Determine, You Are Eligible - Then What?
A petition for - "Dissolution of Marriage or Registered domestic partnership" - must be filed with the clerk of the court to actually begin the divorce process. As the term implies, you are petitioning the court or requesting that they dissolve the marriage they have on file for you.
After the other party(ex) has been served, they have a limited period to respond. Alternatively, if you have been served, you only have a certain time to respond. Separations & annulments follow the same process of serving the other party but in slightly different forms.
This is the point at which the game clock begins. Everything you do after that can be used against you to help or hurt your case. The same is true for the opposing party. This is why; ideally, it is preferable to get legal counsel early on to ensure that you do not do anything that would tie your or the attorney's hands.
What Kind Of Separation Do You Require?
To begin, are you divorcing, dissolving a domestic partnership, seeking a formal separation, or annulling your marriage?
Since we reside in the wonderful state of California, dissolving a domestic relationship is the same as divorce. Domestic partnership actually has the same legal status as marriage. The only distinction is that the court has a different name. You are pursuing a Dissolution of domestic partnership rather than a Dissolution of Marriage.
Every legislation that uses the word "spouse" will apply to your partnership, but it will also apply to your partner. If you don't desire to be married & the law allows it, you could consider annulment.
This is the point at which the court "erases" all traces of the marriage. On paper, this means you'll be "single" rather than "divorced." Not everyone will be eligible. You cannot just cancel a marriage because you do not wish to divorce. Some broad causes might be:
Fraud or Misrepresentation:- You believe your spouse lied about something he or she should not have lied about.
No Marriage Consummation:- Your partner is unable to produce or perform sexually, and you were unaware of this before the marriage.
Incest, Underage Party, or Bigamy:- The spouse is related by blood, making the marriage illegal under the laws, your spouse is married to someone else, or one of the spouses is not of legal marriage age, and there is no parental permission.
Unsound Mind:- You or your spouse could not consent to the marriage because you were unsound (usually under the influence).
Force:- You were coerced into the marriage.
A legal separation occurs when the law acknowledges you as legally separated, yet you remain married. This option is typically used for financial reasons, ranging from taxes to insurance. The main disadvantage is that you cannot remarry since having two marriages at the same time is illegal in California.
Getting Past Difficult Times - Navigating A Divorce With Accomplished Attorneys
Types Of Divorce!
Summary Divorce: In this case, the couples have no children, few assets, and little debt. Having this done is usually quite straightforward, quick, and easy—except for the 6month waiting period.
Default Divorce: This is the one that most couples hope for. By default, the filing party is given a divorce. This is where the opposing side is either not present or chooses to disregard the case and not reply or participate.
Mediated Divorce: This is where you can hire an attorney to act as a mediator between you and your spouse. This can help you save money, and if you and your spouse are submitting documents without the assistance of an attorney, having an unbiased intervention will be beneficial. Remember that even if your mediator is an attorney, they're your mediator, not your attorney.
Collaborative Divorce:In this case, both parties have attorneys, and all four parties meet to negotiate and resolve. This reduces court time, saves money on court expenses, and is frequently faster than a contentious divorce.
Arbitrated Divorce:This procedure is as simple as hiring a judge. This is not a strategy of "buying the judge," but rather of speeding the process of having a trial-ready on hand while keeping the topic more confidential.
Contested Divorce: This is the sort of divorce that we all grow up fearing. These are the divorces that Hollywood dramatizes. In this case, both attorneys fight on behalf of their clients and go to trial. In general, the attorneys are polite & strive to negotiate and settle many minor issues to shorten or eliminate the need for a trial.
Yet the parties make the final decision. This is the sort of divorce that the majority of individuals face if they are not reasonable or thoughtful. It is critical to realize that everyone in your family and involved is negatively impacted.
Community Property
California is one of the nine states with community property laws. In layman's words, community property indicates that after marriage, the property, assets, and cash acquired during the marriage are shared. So, if a divorce is filed and no agreement is reached, the property is normally divided 50/50.
Division of Property: The first crucial step in creating a firm basis for your marital property resolution is determining what sort of property you have. The parties are actually free to agree to all or any ideas for dividing the assets, but there are a few laws and cases that provide guidance on how to divide assets in order to stay fair.
It is quite beneficial if you address all financial matters with your spouse while you are still on speaking terms. This really applies to everything from bank accounts to loans, pensions, retirements, and real estate. Explain to them why you desire this, whether casually or openly.
Understanding this will inform your attorney of what needs to be safeguarded from being wasted, destroyed, sold, or disposed of. Furthermore, having recently duplicated papers helps to avoid any extra attorney expenses for both parties in demanding these records, a process called discovery. When a request is submitted and answered, these costs are invoiced to both parties.
ATRO's:A major issue in a divorce is that when the responsive spouse learns of the divorce, he or she may begin moving assets. Fortunately, your attorney will be able to assist you with how to manage such a situation. We could have you file for dissolution as soon as possible by serving the summons and petition so that your spouse is bound by the conditions of the automatic temporary restraining orders (ATROs).
These restraining orders are prominently displayed in the summons. These orders serve as a notification to either party to prevent them from disposing of the property. As the summons and petition are submitted concurrently, it is critical to keep the attorney informed of everything that is going on and if your circumstances necessitate an accelerated filing.
Undue Influence: It is no secret that divorces are difficult to navigate. While this is not always the case, it is the most common. When the parties (you or your ex) cannot agree on dividing the assets, the divorce becomes agonizing and rough. This might be due to a dispute about the worth of an item, anger for sharing an asset, desire to cause conflict & complexities.
In a more civilized divorce, when one spouse utilizes the bond between the two of them to conduct an interspousal transaction (contract between the two) that benefits one spouse over the other, a possibility of excessive influence develops. This is an unjust arrangement since it takes advantage of the spouses' bond with one other. Choose the best divorce lawyer in Santa Ana.
Fiduciary Obligation: Divorces influence your bills as well as your spousal support, children, and assets, which most people overlook. That's accurate; if you don't handle the divorce properly, it will have an impact on your credit. Furthermore, marriage is a fiduciary responsibility between the parties.
They owe it to the other parties to tell them of any purchases, bank accounts, or other relevant goods. This is significant since it may either assist or hurt your case. You not disclosing any accounts may cause you problems, or your spouse doing so may give them problems.
Who Pays The Spousal Support?
The provision of the family code §4320 governs spousal maintenance. These include :
During the latter 3-5 years of the marriage, the level of living was set. This is the social class that the marriage generated for the parties. One deciding aspect is whether or not the individual who is required to pay can afford to pay. The length of the marriage is essential; was it less than 10years, making it short, or more than 10years, making it long?
What are both parties' financial requirements? What is the earning capability of the individual who will be supported? (Can this individual acquire a job and maintain the same way of life?) Can the supporting party work without interfering with the care of the children? Both partners' ages and health. Each party's duties and assets, including separate property.
The immediate and precise tax implications for each party. Contribution of the supported party to the supported party's career during the marriage. Documented proof of any history of domestic violence. The balance of each party's sufferings. Any additional circumstances that the court deems reasonable and equitable.
The objective is for the supported partner to be self-sufficient within a realistic time frame, such as half the length of the marriage - unless the marriage is long (over 10years). In most cases, spousal support is tax-deductible for the supporting party and taxable as income for the receiver. It is essential & vital to consult with an attorney about the reasons you feel you are entitled to spousal support or that you are unable to pay it.
Child Support or Child Custody
Children play an important role in divorce. When children are involved, your divorce extends threefold to include child support, child custody, and visitation, as well as, in some situations, paternity if a party raises the matter. These child issues are discussed on our custody page.
What Is The Real Difference Between A Paralegal & A Divorce Attorney?
The primary distinction between a divorce paralegal and a divorce lawyer is that paralegals do not have the authority to determine fees or provide legal advice to clients. Paralegals who provide legal advice may be breaking the law and may face repercussions.
There are significant distinctions between the two titles or professions that are crucial to recognize when considering engaging legal counsel and/or representation while divorcing. Paralegals do not attend law school but typically have some specific training.
Some learn on the job, while others complete a two or four-year degree program. They are valuable and necessary members of many law firms, and some have advanced degrees. Their expertise is typically not as comprehensive as that of a lawyer, and they are typically schooled in specific areas of the law.
Some consider them to be legal assistants, yet in many situations, their training permits them to perform things that would generally be considered outside the scope of an assistant. If you or a former spouse is opposing the terms of your divorce, a divorce lawyer is qualified to examine your case and suggest viable strategies for safeguarding your rights and winning your court battle.
They will utilize their legal skills and experience to provide legal advice that will assist you in making the appropriate decisions. As previously stated, paralegals are not authorized to provide legal advice. Some firms provide divorce paralegals who carry out the chores and fill out all of the documentation required when filing for divorce.
Still, they may not interact with the client or provide them with legal advice about their divorce or how to safeguard their legal rights. When getting divorced, this is generally a less expensive option, but the client does not have access to the skilled legal Mind and expertise of a divorce attorney.
Some people prefer to employ divorce paralegal services in uncontested divorces, but if the divorce gets contentious, they may feel disoriented and end up hiring an attorney nonetheless. You actually do not have to hire a lawyer to file for divorce.
Still, given the many ramifications of your divorce agreement (asset division, child and spousal support, child custody, visitation, and so on), an experienced legal mind is often helpful, if only to review a divorce agreement before it becomes official.
It is critical to examine the differences even further when it comes to paralegals, especially because some family law attorneys provide very affordable Divorce fees, and you can be confident that your documentation will be completed appropriately. Since a divorce requires serious legal documentation, you should have it handled or reviewed by a professional before the final recording.
You Deserve Outstanding Family Law Representation
The most important aspect of divorce is that you set your own route in this regard. Each party's activities have a negative impact on the result, even if they are as minor as a social media post. From the day of separation, everything becomes a game of chess. It is only good for you and your attorney to appear as though the entire world is watching your every action.
Being rational will get you further in the case, but being respectful, kind, and pleasant, regardless of how you feel about the other person, will benefit you more than you realize. It's a good idea to educate yourself on the do's & don'ts of divorce. Educating yourself about the procedure and how the court interprets certain circumstances will ensure that you actually do not do anything that will land you in hot water.
JOS Family Law - Your Reliable Partner In Family Law Conflicts
At Jos FAMILY LAW, we not only comprehend but also respect the law. We inform our clients of the guidelines & laws that apply to their circumstances. We advise them on how to operate within those rules & fight for you to be treated with the same fair and courteous behavior as the opposing side. Contact Jos FAMILY LAW if you want the best Santa Ana Divorce Attorney who will mediate whenever feasible and utilize the court to make decisions when mediation fails.
We will assist & facilitate you in making the right move into your new life as smoothly as possible. You can reach us at (714) 733-7066 or jos@josfamilylaw.com. We truly look forward to discussing your Dissolution matter with you & assisting you in determining the appropriate solutions for your requirements and desires.
Untangle The Complexities Of Divorce - Our Attorney Can Help
What Are The Factors That Impact The Cost Of Divorce In Santa Ana
Length of Marriage: The longer a couple is married, the more likely it is that the divorce will be more complicated and thus cost more.
Children: If a couple has children, there are numerous issues that need to be addressed in a divorce, such as child custody, support, & visitation rights. These issues can lead to more court hearings and higher costs.
Asset Division: If a couple has significant assets such as real estate, investments, or businesses, the division of these assets can be complex and require more legal fees.
Contested Divorce: If a couple cannot agree on certain issues, then they may have to go to court & this can result in higher legal fees.
Mediation: Couples who want to keep their divorce out of the courts can use mediation to resolve their issues, but this can still be costly.
Lawyers: Different lawyers charge different rates for their services. Hiring an experienced attorney who understands the complexities of Santa Ana divorce law can be beneficial.
Handling Life's Transitions With A Professional You Can Trust
What Is A Certified Family Law Specialist?
An O.C. Certified Family Law Specialist is an attorney who has been legally certified by the California Board of Legal Specialization. To become certified, an attorney must pass a rigorous examination, have extensive experience in the area of family law, and complete extensive continuing legal education.
A Certified Family Law Specialist is specially qualified to handle cases involving child custody, spousal support, asset division, prenuptial agreements, and other family law matters. Because of their experience and specialized knowledge, Certified Family Law Specialists can provide valuable advice and assistance when navigating the complex legal process involved with a divorce.
Financial Disclosure Documents In Santa Ana Divorces
Financial disclosure is an essential part of any divorce proceeding. In Santa Ana, the court requires both parties to submit a financial disclosure document that contains information such as their income, assets, liabilities, and debts.
These documents are used to calculate spousal support, divide marital property, and assess any tax consequences associated with the divorce. It's important for each party to be completely honest about their financial situation in order for the court to make an accurate decision.
A qualified Orange County divorce attorney can help ensure that all financial disclosures are accurate and complete. They can also assist in negotiating a fair settlement based on the information provided in the documents.
Our O.C. Attorney Can Truly Help You Protect Your Assets
Divorce often involves complex financial issues that can be difficult to navigate. This is especially true when marital estate includes significant assets such as real estate, businesses, and investments.
Our qualified Orange County divorce attorney can help protect your rights and ensure that you get a fair share of the marital estate. Our attorney will help you understand how the law applies to your specific situation and can work with you to create a strategy for protecting your interests.
We can also advise you on which assets you should pursue and how to best divide them in a way that is truly beneficial for both parties. When it comes to assets, having the guidance of a skilled attorney is essential for ensuring a fair settlement.
Our O.C. Attorney Can Truly Help You Get Custody Of Your Children & Fair Alimony
When it comes to divorce, child custody is one of the most important issues. The court may grant either full or joint legal and physical custody. At Jos Family Law, our attorneys understand the complexities involved in child custody disputes and will work diligently to ensure that you receive a fair and reasonable outcome.
Our experienced attorneys can help you understand your rights and the laws that apply in your case so you can make informed decisions. We can also represent you during court proceedings and help negotiate an agreement that will be in the best interests of your children.
When it comes to obtaining custody of your children, having an experienced attorney on your side can make a genuine & significant difference in the outcome of your case.
If you are seeking alimony in Santa Ana, then having an experienced attorney on your side can be invaluable. We understand how to make sure that alimony is calculated correctly, so that you get the support you need. Our attorney can also help you negotiate a fair agreement, ensuring that the payment amount is commensurate with your needs.
We can also ensure that the alimony payments are enforceable, so that you don't have to worry about your ex-spouse not honoring their obligations. With our guidance, you can rest assured that you will receive a fair and equitable settlement.
When Facing Divorce, Get The Right Representation
Our O.C. Attorney Can Truly Help You Negotiate A Fair Settlement
When it comes to divorce, settling out of court is often the best course of action. Unfortunately, it can be difficult for spouses to come to an agreement on their own. This is where our seasoned O.C. divorce attorney comes in.
With over 55 years of combined experience in the legal field, our attorneys can provide the guidance you need to ensure that both parties come to a fair settlement. We understand that going through a divorce can be incredibly stressful and complicated. That's why we make sure to take the time to listen to your needs and understand the circumstances of your situation.
Our attorneys are also knowledgeable in family law and can provide advice on the best ways to reach a settlement that works for everyone. No matter what issues may arise, you can count on our attorneys to help you negotiate a fair and equitable resolution.
Frequently Asked Questions
Divorce timelines can vary depending on the actual complexity of the case & the cooperation of both parties involved. On average, an O.C. uncontested divorce can take around three to six months, while a contested divorce can take much longer, sometimes years.
Yes, it is possible to obtain a divorce without going to court in Santa Ana. Couples who can reach an agreement on all relevant issues, such as property division, O.C. child custody, & support, can opt for alternative dispute resolution methods like mediation or collaborative divorce. These methods may save time, money, & courtroom stress.
In Santa Ana, child custody decisions are made based on the best interests of the child. The court analyzes the child's age, health, relationship with each parent, & capacity to meet physical plus emotional requirements. A skilled family law attorney is crucial to win your case & maintain your parental rights.
Yes, child custody & support orders can be modified if there is a significant transformation in circumstances. Changes such as a parent's relocation, a change in income, or the child's needs may warrant a modification. It's essential to seek legal advice to determine if your circumstances meet the requirements for modification & to navigate the process effectively.
In O.C. divorces, Santa Ana follows the principle of community property. This actually means that any assets or debts acquired during the O.C. marriage are typically considered community property; hence, they will be divided equally between both parties. However, exceptions exist for separate property, which includes assets owned prior to marriage or acquired through gifts or inheritance.
To ensure a fair division of assets & debts in your divorce it's crucial to gather all relevant financial information & seek the guidance of an experienced family law attorney.