Irvine Family Law Attorney

Irvine Family Law Attorney

Familial conflicts can be overwhelming, but our Irvine family law attorneys can serve as your skilled and compassionate advocates during this difficult time. We can help you navigate a complex divorce, child custody disputes, spousal and child support requests, and many other areas of family law.

Experience in All Areas of Family Law in Irvine

Divorce

Divorce, or the dissolution of a marriage, is the formal and legal end of a marriage. California is a community property state, which means that the division of marital assets and debts usually follows the principle of equitable distribution. Under this rule, most of the couple’s property and the financial obligations they acquired during their marriage are to be divided fairly.

On the other hand, separate property, such as assets owned before the marriage, inheritances, gifts, or anything acquired after legal separation, is considered the property of the spouse who acquired it.

California offers different pathways for couples to take when beginning their marriage dissolution, such as:

No-Fault Divorce

The state operates on a no-fault divorce system, meaning that one or both spouses only need to state “irreconcilable differences” as grounds for divorce.

Contested vs. Uncontested Divorce

A contested divorce is one where the spouses can’t reach an agreement on important issues such as property division or child custody. This means that court intervention is necessary to resolve these disputes and establish the terms of the divorce. However, an uncontested divorce is when the spouses agree on all aspects of their divorce and do not require lengthy court appearances.

Mediated Divorce

A mediated divorce includes a third-party mediator whose role is to assist the couple in resolving any divorce issues amicably and fairly. Mediation can help couples reach mutually agreeable solutions without having to go through the courts to decide for them.

Collaborative Divorce

A collaborative divorce is for couples who are amicably divorcing and are able to come together with their lawyers to reach a fair agreement.

Summary Dissolution (Simplified Divorce)

A summary dissolution, also called a simplified divorce, is designated for short-term marriages with minimal issues to work through. To qualify, the couple must:

• Have no children
• Have been married for less than five years
• Not jointly own real estate
• Agree to have no spousal support
• Own very little property
• Not have many debts

Same-Sex Divorce

While same-sex couples have the same rights through marriage as heterosexual couples have, they may experience some unique challenges. This could include child custody issues if one child is not biologically related to one parent or if they were in a domestic partnership before their marriage was legal. Both matters may further complicate a divorce.

Legal Separation

Legal separation is when spouses separate without the legal dissolution of their marriage. During this time, the court will make orders about property division and debts, spousal support, child custody and visitation, and child support. Legal separation can lead to divorce, or the spouses can end the separation and return to their marriage.

Spousal Support

Sometimes called “alimony,” spousal support is financial support provided to one spouse from another. This can be temporary or permanent support per California law.

Temporary spousal support is arranged during the legal separation or divorce proceedings and is meant to close any financial gaps when one spouse earns less in income or no income at all. Once the divorce is finalized, permanent spousal support decisions are made.

Permanent spousal support is determined by the court by weighing factors like how long the marriage lasted, the shared standard of living, financial needs and resources of either spouse, each spouse’s contributions to the marriage, employment, and education history, age, health, and if there were acts of domestic violence.

Child Custody and Visitation

Child custody arrangements and parental visitation rights are some of the most contentious issues in a divorce or separation. California recognizes multiple different types of custody arrangements, with the courts acting in the best interests of the children.

The courts may also consider older children’s wishes, parents’ ability to cooperate and communicate, history of abuse or neglect, and the child’s existing relationships with their parents.

Types of child custody arrangements include:

• Sole physical custody with visitation: Children live with one of the parents, while the other only has court-designated visitation rights.
• Joint physical custody: Children split their time with both parents.
• Sole legal custody: One parent has complete custody of the children, usually meaning there were aggravating circumstances that prompted the decision.
• Joint legal custody: The children’s upbringing is decided equally between both parents.

Child Support

Child support is a financial obligation from one parent to another to help contribute to their child’s essential needs. Usually, the non-custodial parent is responsible for making the payment. Calculating child support involves an “income share” formula. This method looks at the combined income of both parents and determines a proportional amount the non-custodial or higher-income parent should contribute. California has an online calculator that provides a rough estimate of how much one parent may have to pay.

Court Order Modifications

A family law attorney can also support you if you need modifications to existing court orders on child custody and visitation, child support, and spousal support. Circumstances in employment, income, health, and childcare needs can change. When this happens, an attorney can support you in this process.

Other Family Law Issues We Can Assist With

Our job is to represent you and your family’s best interests in Irvine, California. We can assist you with the following family law issues and more:

• Pre and postnuptial agreements
• Guardianship appointments
• Domestic violence
• Asset division
• Paternity establishment

Why Should You Hire a Family Law Attorney?

Family law in California is complex and can be emotionally draining for everyone involved. When issues like divorce, child custody, or support arise, seek legal counsel from an experienced family law attorney.

Understanding Family Law and Legal Processes

An Irvine family law attorney understands the complex legal procedures of California family law beyond what the average citizen knows. Having this experience on your side can ensure your case is handled efficiently and that you are not wasting your time or money on things that don’t benefit your case.

Providing a Neutral Perspective of Your Case

A family law attorney provides a fresh and unbiased perspective on your situation. They are trained to look at complex situations as a neutral third party, so you can make difficult decisions with a sound mind and unclouded judgment.

Saving You Time and Money

All legal matters are time-consuming and costly, but a skilled attorney can help streamline the process, avoid court appearances, and find efficient solutions to your issues.

Counseling and Support

Family law attorneys can guide you through the emotional burden that can arise in family law disputes. They understand the toll that these disputes can take on you, and they can help you get through the process and focus on the brighter future ahead.

Helping You Plan for Your Family’s Future

The benefits of a family lawyer can lessen the burdens in other areas of your life. They serve as your guide through what may be one of the most trying times in your life. They can ease your stress, protect what matters to you, and help you create a strong future for yourself and your loved ones.

FAQs

Q: What Is the Difference Between Legal Separation and Divorce?

A: A legal separation is when a couple lives apart and divides responsibilities without legally ending the marriage, while divorce legally dissolves a marriage. Couples usually try a legal separation before filing for divorce to ensure they are making the right decision for their family. Otherwise, they can end the separation and continue with their marriage.

Q: Do You Need a Lawyer for Family Court in California?

A: Even though it is not required that you have a lawyer for family court in California, it is highly recommended you secure legal counsel anyway. A lawyer provides invaluable legal advice, represents your best interests, protects your rights, and can navigate you through the legal process. When weighing the decision to hire a lawyer, remember your family’s future is at stake.

Q: How Long Does It Take to Finalize a Divorce in California?

A: The timeline for a divorce depends on the details and complexities of the case, such as shared high-asset property, children, or disputes between spouses. California has a minimum six-month waiting period as well. This means you must wait six months before you can dissolve a marriage. However, most take longer due to extenuating aspects of the divorce and even court backlogs.

Q: How Is Child Support Calculated?

A: California calculates child support based on the parents’ income and how much time each parent spends with the child. The court system has an official formula they use, but there is an online calculator for you to get a rough estimate of what you or your spouse might be paying.

Q: What if My Ex Does Not Comply with Court Orders?

A: If your ex is not following court orders, protect yourself by documenting the situation for potential legal action. If communication with your ex-spouse is not possible or safe, you should bring the problem to the attention of an attorney. You may need to file a motion to enforce the order or even a motion for contempt of court.

Our Irvine Family Lawyers Can Help

Handling family law matters can be stressful, but Newport Family Law & Mediation Group can help alleviate your concerns. Contact our team today for guidance and support throughout the legal process.