Costa Mesa Divorce Lawyer

Costa Mesa Divorce Attorney

Whether you are contemplating filing for divorce or have decided to pursue a legal separation, having the support of a Costa Mesa divorce lawyer can be a critical resource as you navigate a complicated transition in your life.

At Newport Family Law & Mediation Group, we endeavor to provide compassionate legal counsel and vigorous representation on behalf of clients in Costa Mesa and other Orange County communities who are going through a divorce or legal separation.

We handle all aspects of a divorce process from start to finish, including filing adequate paperwork, communicating with the other party, representing you in court, and negotiating a divorce settlement in line with your interests.

Divorce in California Explained

Filing for divorce in California may appear simple, but it can become complicated, depending on the circumstances of your marriage, including your financial situation, the number of children shared, and the period of time you had been married.

These are some of the important steps required to receive a divorce in California:

Meeting Residency Requirements: In order to file for divorce in California, one of the spouses must have lived in the state for six months and in the county where the divorce will be initiated for three months. A legal separation can be requested at any time as long as one of the spouses resides in California.

Filing Forms and Serving Your Spouse: To begin the divorce process, certain forms should be filed with the appropriate county court. With the first form – the marriage form – the petitioning party provides information about their marriage, shares how they would like their marital property, if any, to be divided, and sets forth their wishes for a custody arrangement. Here, they can also petition for child and/or spousal support.

A summons form must also be completed to inform your spouse about your petition. Both the summons and the marriage form should be served to the respondent spouse. These must be provided through a third party and not directly by the petitioner.

The respondent spouse has a specified time limit for responding to the divorce petition once they receive it.

Discovery, Negotiation, Mediation: Both parties in a divorce are required to provide information regarding their finances to the other side. This allows attorneys for both parties to negotiate a settlement agreement that takes into consideration the entire financial picture of the marriage.

Negotiations also involve discussions regarding which parent will obtain legal and physical custody of any children who are shared. At times, mediation can serve as a vehicle to resolve divorce disputes with the assistance of a neutral third party, while still having the guidance of a qualified attorney.

Court Hearings: If the parties are unable to reach an agreement on the division of marital property, child custody, and financial responsibilities through child and spousal support, a hearing may be scheduled in family court where a judge may hear both sides and determine a suitable divorce settlement based on the law.

Divorce Judgement Is Issued: A final divorce judgment may not be issued earlier than six months after a divorce petition has been filed, as per state law. Even if you and your soon-to-be spouse have been married for a short period of time or you do not have large marital assets, debts, or children in common, the waiting period is still required.

In certain circumstances, an annulment may be requested and issued if the marriage was invalid for reasons specified under the law.

Unlike some other states where you must wait to file for divorce after a period of separation, as long as you meet the residency requirements, you can start your petition for divorce as soon as possible in California.

As a no-fault state, California courts provide various avenues for couples to pursue a separation of their marital partnership and division of properties, custody rights, and parental responsibilities, regardless of the reasons for the separation.

The Role of a Costa Mesa Divorce Lawyer

A separation process can become protracted if you are not prepared for the various steps in the divorce process. Luckily, you do not have to go through the divorce process on your own. A Costa Mesa divorce lawyer at Newport Family Law & Mediation Group is available to guide you through each step and to fight for your interests in family court.

A divorce lawyer provides adequate guidance and takes responsibility for many of the steps in the divorce proceeding, helping to alleviate some of the emotional burden you may feel throughout the process.

Foremost, a divorce attorney can shed light on the various petitions and requirements for initiating the divorce process. They can advise you on what you may or may not be entitled to and can help you effectively communicate your desires in the divorce petition.

Additionally, one of the primary ways a divorce lawyer can assist is by communicating with the other party on your behalf, which is essential when a divorce is contentious, or when there is a history of abuse. A knowledgeable attorney can advocate for your interests in front of your former spouse, their legal team, and a family court judge.

A skilled divorce attorney can also help ensure that you receive all the financial assets to which you are entitled. This is especially crucial if you made significant contributions to the marriage, including being a stay-at-home parent and sacrificing your career for your spouse’s career or education.

If there are children involved, an attorney can assist in securing a fair custody agreement that benefits the child.

Working with an attorney in Costa Mesa can help bring peace of mind throughout the process so that you can focus on starting a new chapter in your life.

Why Choose Newport Family Law & Mediation Group?

When deciding which law firm to consult for your divorce process, it is key that you assess whether a firm employs seasoned family law attorneys who can handle all aspects of your case and are able to meet your unique needs.

At Newport Family Law & Mediation Group, we provide high-quality legal representation based on our decades of practice in family law cases. We possess deep knowledge of state laws and are adept at handling cases at the local level. Our reputation as strong champions for our client’s needs is based on our communicative and empathetic approach to each individual case.

FAQs

Q: How Much Does a Divorce Lawyer Cost in California?

A: How much a divorce lawyer costs in California varies. Some attorneys may charge large fees when working with clients who require more aggressive legal representation, either because they are going through a contentious divorce or the couple has a high net worth. The longer a divorce takes, the more an attorney is likely to charge.

However, it may save you more time and money in the long run if you work with a qualified divorce attorney.

Q: What Is the 5-Year Rule for Divorce in California?

A: The 5-year rule for divorce in California refers to a couple’s eligibility to receive a summary dissolution of their marriage. A summary dissolution is a process for divorce that requires less paperwork and is less costly than a divorce.

To qualify for a summary dissolution, a couple must have been married for less than 5 years, have no children, and their marital assets and debts must be below a specified threshold.

Q: What Is a Wife Entitled to in a Divorce Settlement in California?

A: The wife is entitled to the same rights as a husband during a divorce settlement in California. A settlement is not approved based on the gender of the spouses. Rather, when considering the division of marital property and spousal or child support, a family court judge takes into account the financial situation of both spouses and their ability to be financially self-sufficient.

Q: Is It Always 50/50 in Divorce in California?

A: Though California is a community property state where marital assets and debts need to be divided equally among both parties, there may be exceptions to this rule. This includes property that is completely separate from the start of the marriage. Additionally, if one of the spouses made significant contributions to the marriage, they may be entitled to more.

Contact a Trusted Costa Mesa Divorce Lawyer

The decision to pursue a divorce is not an easy one. It is critical that you seek the support of a trusted Costa Mesa divorce lawyer to assist you in handling your case. A qualified attorney can help separate the emotional aspects of separation from matters related to finances and custody issues. This provides the avenue to conclude a divorce process as quickly as possible and leave clients satisfied with their final divorce agreement.

The Newport Family Law & Mediation Group team is ready to review all aspects of your divorce case, no matter how simple or complex your separation process is. We maintain constant communication with our clients and keep them informed throughout all aspects of the legal process. We work diligently to promote the interests of our clients and obtain the most optimal divorce settlement in each case.

Contact our office today to schedule a consultation with our team.