Orange County Divorce Lawyer

Orange County Divorce Attorney

Divorce is unpleasant for the vast majority of people, but that doesn’t mean every case should be treated the same. By trusting a skilled Orange County divorce lawyer to handle your case, an experienced legal professional can evaluate your situation and provide insightful advice on what the ideal course of action may be.

At Newport Family Law & Mediation Group, we are dedicated to helping individuals and their families with sensitive legal issues. Our kind and experienced family attorneys provide knowledgeable legal counsel and effective representation to each client. Our approach is customized to your individual circumstances, needs, and goals.

Types of Family Law Cases We Handle

Our dedicated family law practice has over 20 years of experience in assisting spouses and their families through various complex legal matters. These are some of the most common family law issues we oversee on a regular basis:

• Divorce: This is the dissolution of one’s marriage or domestic partnership, including between same-sex couples.
• Legal Separation: This is similar to divorce, but the spouses remain technically married. However, they must still address the same issues as in a divorce.
• Nullity: Sometimes called an annulment in other states, this designates a marriage or domestic partnership as “null,” meaning it was never valid to begin with, thus making it legally void.
• Division of Marital Property: In a divorce, there must be an equal distribution of all real estate, personal property, business investments, debts, and other assets that the couple incurred during the course of their marriage.
• Child Custody: This is the legal allocation of parenting time (physical custody and visitation) and decision-making ability (legal custody).
• Establishing Parentage: Also sometimes called paternity, this is the official action of legally recognizing a child’s parents, which can be a necessary step in certain custody matters.
• Stepparent, Grandparent, and Other Relative Visitation: Stepparents, relatives of a deceased parent, and grandparents can seek visitation rights if it’s deemed beneficial for the child’s well-being.
• Child Support: According to state law, both parents have a mutual responsibility to provide for their child through financial support.
• Spousal Support: Also referred to as alimony, spousal support may be awarded during divorce proceedings in either temporary or permanent installments.
• Domestic Violence: Effective legal counsel is necessary for both parties in a situation involving a domestic violence restraining order or civil harassment claim.
• Guardianship: This involves securing temporary or permanent guardianship of a minor child by someone other than the child’s parent.

Understanding the Basics of Divorce in California

To file for divorce in California, at least one of the spouses must have been a resident of the state for a minimum of six months. Additionally, the filing party must have resided in their current county for three months. If the residency requirements are met, the Petition for Dissolution of Marriage can be filed.

The divorce cannot be finalized for at least six months, according to the state-mandated waiting period. If the waiting period has passed and the spouses have reached an agreement on all divorce matters, the marriage dissolution is then finalized upon the court’s approval. The legal matters that must be addressed include:

• Property division
• Child support and custody (if the spouses share children)
• Whether there will be spousal support

Legal separation follows a similar process, except there is no required waiting period before the separation is finalized. Legal separation does not dissolve a marriage, so the spouses remain technically married by law. This means the spouses must still divide their property, settle matters of custody and spousal/child support, and live in separate residences from one another.

Is Property Division Equal in a California Divorce?

The division of marital property in California divorces must be equitably distributed between spouses. This means that assets must be divided fairly so that each spouse walks away with an equitable net worth of property. Division may not be “equal” in the sense that not every individual asset may be subject to a 50/50 split, such as when one party wants to keep the marital home.

What Is Divorce Mediation in California?

In a typical divorce case in Orange County, California, the proceedings go through family court. This can be time-consuming, costly, and likely to result in contentious disagreements between spouses. Divorce mediation is one form of alternative dispute resolution. It is a type of private approach to family law issues that allows parties to avoid litigious proceedings, maintain privacy, and resolve the case without the oversight of the courts.

Mediation, like other forms of alternative dispute resolution—such as collaborative divorce, private judging, or arbitration—is not required by California law, except in cases concerning child custody disputes. The court may recommend that spouses utilize mediation or another out-of-court method for a variety of reasons. Spouses may also elect to move forward with mediation for the many benefits it offers.

Mediation proceedings occur outside of court and entail spouses openly discussing their disagreements. The goal of mediation is not for spouses to reconcile but instead for the parties to negotiate with the help of a neutral third party, who facilitates the proceedings. The mediator can be chosen by the spouses. Generally, they are a qualified family law professional who may focus on mediation specifically, but an experienced attorney or retired judge can also fill the role.

Potential Benefits of the Divorce Mediation Process

One of the main appeals of the mediation process is that it allows the parties involved to maintain a sense of privacy. All cases that go through the court system are entered into the public record, meaning they’re effectively viewable to anyone interested. It can be important to keep one’s divorce private when one or both spouses are high-profile individuals, often operate in the public eye, own sensitive assets or businesses, etc.

Mediation is especially appealing since the spouses can guide the progression and speed of the proceedings without pressure from the courts. This means that the parties also have more control over most aspects of their divorce settlement terms, allowing for arrangements and compromises tailored to their lifestyles. However, mediation may not be a viable option for everyone.

While mediation has the potential to save time and money, if either party is unwilling to cooperate or particularly difficult to communicate with, mediation proceedings may end up being lengthier and more costly than intended. If spouses cannot reach a settlement during mediation, they’ll be required to take their divorce to court and start the case over from the beginning.

How Can I Receive Spousal Support in CA?

Spousal support, or alimony, may be awarded to one party during divorce proceedings when they request it and it is deemed appropriate by the court. When awarded, alimony is paid to the requesting party by the other spouse. One purpose of spousal support is to provide low-income individuals with access to sufficient financial support during the divorce. This form is known as temporary alimony or short-term spousal support.

Temporary alimony stops once the divorce is finalized. When deciding whether spousal support is appropriate for a particular case, the court will consider several factors. These include:

• Whether the requesting party is financially dependent on their spouse
• How long the marriage lasted
• If there are minor children involved

Temporary spousal support may turn into permanent alimony, or the court may determine that the spouse only qualifies for short-term spousal support. Permanent alimony is a long-term order that the court may award a spouse as part of the divorce or legal separation agreement. This spousal support arrangement may last months or years.

The court is likely to award this form of alimony if there is a significant gap in the spouses’ source of income and the marriage lasted for ten years or longer. The judge will also look at other factors, such as:

• The age and physical health of each spouse
• Each party’s income and capacity to earn wages
• The standard of living during the marriage
• Whether there’s a history of domestic abuse or violence

Factors That Go Into Determining Child Custody

In cases where spouses divorce or unmarried parents are no longer together, the matter of child custody and child support must be addressed. It’s possible for parents to come to an agreement on these issues in mediation or other out-of-court approaches, but the family court must approve their proposal before putting forth any official orders. Otherwise, the matters of physical and legal custody of the child are left entirely to the court’s discretion.

The primary role of family court judges is to make custody arrangements that are aligned with the child’s well-being and opportunity for advancement. To make an effective custody judgment, family courts will consider numerous factors relevant to the case. These include:

• The child’s age and health
• Whether they have any special medical or developmental needs
• The child’s relationship with each parent
• The child’s ties to their school, home, etc.

The family court judge will also look into each parent’s ability to sufficiently provide and care for the child, including their capacity to tend to the child’s emotional needs. They will also check to see if either parent has a history of heavy alcohol use, substance abuse, or domestic violence. After evaluating all factors, the judge decides whether the parents should have joint custody or one party should have sole custody.

FAQs

Q: What Are the Benefits of Legal Separation in CA?

A: There are multiple benefits to opting for legal separation over divorce in California. Legal separation can be a useful step for spouses who may later decide to divorce. One advantage is that any assets acquired after the official separation are designated as individual property.

These separate assets are not subject to property division, as community property has already been distributed during the legal separation. Another common reason is that legal separation allows spouses to retain certain insurance and employment benefits.

Q: What Is Contested and Uncontested Divorce in California?

A: In California family law, a divorce can either be contested or uncontested. This refers to whether the spouses are in general agreement or not about the different aspects of the divorce. Uncontested divorces occur when the spouses agree on matters such as the division of community property, child custody and support, and alimony. If the parties involved don’t agree on one or more of these issues, the divorce is considered contested, and legal proceedings to settle these matters are warranted.

Q: Who Qualifies for a Streamlined Divorce in CA?

A: Summary dissolution is a faster and cheaper form of divorce that some spouses may qualify for. According to California family law, spouses only qualify for a summary dissolution if they:

• Share no children together.
• Have been married for five years or less.
• Share community property and obligations amounting to less than a certain amount.
• Have less than a certain amount of individual separate property.
• Waive their right to spousal support.
• Agree on matters concerning property division and obligations.

Q: When Is Mediation Legally Required in California?

A: In California, mediation is only required in certain instances during a divorce case. Otherwise, it is an elective approach that some spouses may prefer over the traditional family court process.

State family laws assert that mediation is only mandatory when spouses are in disagreement on child-related issues, such as matters concerning custody or when non-parental relatives request visitation. Additionally, the court may order or advise spouses to undergo mediation before a trial to minimize disputes during the proceedings.

Q: What Is the Difference Between Physical and Legal Custody in CA?

A: Child custody is divided into physical custody and legal custody, both of which may be shared jointly between parents, or one parent may be granted sole custody. Physical custody is the right of a parent to have their child live with them. Typically, a child will mostly live with one parent while the other is granted visitation rights. Legal custody is the parental right to make important decisions regarding their child, such as their education or healthcare.

Skilled and Experienced Divorce Law Professionals

At Newport Family Law & Mediation Group, our team of adept divorce attorneys has assisted countless individuals through various family law issues. We can help you, too—no matter how simple or complex your case may seem. Contact us today to schedule an initial consultation with a dedicated divorce and family law attorney.