Orange County Family Law Attorney

Orange County Family Law Lawyer

Resolving a legal conflict within your family can be overwhelming. An Orange County family lawyer can help you navigate divorce, child custody disputes, spousal and child support requests, and other areas of family law. Having a skilled and compassionate advocate by your side can make a huge difference in the outcome of your conflict.

Since no two families are the same, there is no blanket solution to a dispute. Newport Family Law & Mediation Group gives clients and their families throughout Southern California a personalized approach. to the most favorable resolution for all involved.

We are a boutique law firm that is committed to finding a solution that will work for you. We are here to listen to your concerns every step of the way.

Experience In All Areas of The Family Law in Orange County, CA

These cases are notoriously difficult because they are often emotional. It is hard to think clearly. amid these highly-charged proceedings. That being said, the gravity of these decisions is something that must be taken seriously. Our Orange County Family Law Attorney from Newport Family Law & Mediation Group  will sit down with you and give you the individualized attention you deserve. We understand that everyone has different wants. Our job is to represent you and your best interests. We have worked with clients from all walks of life in Orange County, California, including those facing the following:

• Divorce is when two parties are legally separating
• Child custody agreements, including visitation arrangements
• Division of assets, determining what is fair
• Child support, ensuring your children are financially secure
• Domestic violence, for those who are feeling unsafe
• Pre and postnuptial agreements, protecting yourself and your property
• Guardianship is an important role that must be appointed

Our founding attorney, Sharman L. Brooks, is a board-certified family law specialist. This is your assurance that your family law concern will be handled by an attorney who has proven experience and expertise in representing each client strategically.

Orange County Family Court Issues a Skilled Attorney Can Help You Resolve

Whether you are considering a legal separation, are concerned about a child’s legal and physical custody, or need assistance with your finances pre- and post-marriage, a skilled family law attorney is an asset you need by your side to obtain peace of mind and advocate for your and your family’s rights.

Legal Support in a Divorce Settlement or Legal Separation Case

Newport Family Law & Mediation Group provides legal support for families from the initial stages of a separation or divorce through every step of the process. If you are considering filing for divorce or have been served divorce papers, we can help you in several ways, including:

• Assisting with the logistics of filing and responding to a divorce filing
• Mediating divorce settlement negotiations
• Representing you in court when mediation fails or is not an option

In California, divorces can be initiated regardless of the reason. As a no-fault state, you can file a divorce as long as you and/or your spouse have been a resident of California for six months and have been residing in Orange County for a minimum of three months.

Divorces that are not complex, including those not involving child custody issues or complex financial disputes, can typically be terminated in a minimum of six months. At the end of this period, the marriage is dissolved through a default judgment, which stipulates how uncontested financial assets or undisputed child custody issues are to be handled.

Legal separation can become tenuous and prolonged if, as parents, you are not in agreement on where and how your children will be raised following a divorce or if you both disagree on the division of financial assets upon separation. Our dedicated Orange County family lawyers can use their legal knowledge to resolve these issues as efficiently as possible.

Through divorce mediation, we guide couples as they sort out their divorce details amicably outside of court. Within the span of several mediation sessions, one of our attorneys will moderate the discussion, give their legal opinion, and help to draft a settlement that satisfies both parties.

Mediation is typically mandated in California when child custody issues are at play, and both parties are entitled to their own counsel if they want to protect their interests during the proceedings. It is also an efficient way to reduce divorce proceeding costs and associated court expenses.

Not all marriage dissolution cases can be resolved through mediation, though, and in many cases, financial and child custody disputes must proceed to a family court. Our seasoned family law team has successfully represented many clients as they advocate for their rights in front of a family court judge.

Our firm can assist with examining the financial information of both parties, gathering evidence in support of your child custody, spousal, and child support claims, and managing your case through the complicated family law system.

We provide additional assistance with:

• Same-sex couples divorce for partners who were in a civil union before same-sex marriage was legally recognized or who are dealing with antiquated laws that do not reflect their specific circumstances
• Parental rights issue for same-sex couples and couples where a stepparent or non-biological parent is requesting custody, visitation, or support
• The dissolution of registered domestic partnerships
• Nullifying a marriage

Assistance for Families With Property Division

As a community property state, California considers property and assets accumulated during a marriage as belonging to both spouses, regardless of who purchased it. It mandates that upon separation, these assets be divided equally.

When navigating through a divorce or legal separation proceeding, if both spouses agree on specific terms for dividing their finances, a prearranged agreement of division of property will be outlined in the divorce judgment.

In many cases, a marriage dissolution gets muddied by financial issues. At Newport Family Law & Mediation Group, we assist individuals in securing their rightful share of marital finances, including marital property. We lead our clients with confidence, helping them gather all financial information and investigating any additional, undisclosed assets possessed by their soon-to-be ex-spouse.

We provide additional property division support for the following:

• If a prenuptial agreement was in place, we can fight to enforce the terms of the agreement or contest its validity if needed
• When pre-marriage assets, including a marital home, are involved, we help create a valuation for contributions you may have made, including investing in the property or paying for repairs
• As a stay-at-home parent or nonworking spouse, we advocate for your financial dues
• We endeavor to protect your pre-marriage financial assets

Division of marital assets can be straightforward. There are, however, exceptions to rules. If you and your spouse own a business, if one spouse makes the bulk of the income, or if you have been married for a longer period of time, it is important to get advice from a seasoned family law attorney.

Our Orange County family lawyer can work with you to ensure you walk away with the maximum due to you. We help mediate financial discussions and come up with a fair settlement agreement. Our attorneys can also argue your case in front of a judge to ensure fair financial compensation.

Aid With Spousal Support Requests

In addition to ensuring the fair division of financial assets and property, an individual may want to request spousal support or alimony.

There are two types of spousal support available in California: temporary and long-term. The former is assigned while the divorce proceedings are taking place and until the marriage is dissolved. Long-term spousal support is awarded as financial support for an ex-spouse who is unable to maintain the same lifestyle standard as they had while married.

Spousal support in California can be requested by an ex-spouse or a domestic partner. It is especially important for individuals who rely on their spouse’s income for financial support to be aware of their spousal support rights.

The monthly amount of spousal support is assessed based on a formula, and the law factors in multiple conditions when calculating spousal support, including:

• the financial resources the requesting spouse will have following the divorce
• the contributions (financial and non-financial) the petitioning spouse made during the marriage
• whether the requesting spouse will receive child support
• the former couple’s living standard before the divorce
• the length of the marriage
• the requesting spouse’s health
• prior domestic violence incidents
• the petitioning spouse’s future income prospects

You may have made sacrifices in your career for your family during your marriage, and you may have the right to spousal support following a legal separation. Our knowledgeable legal team will strive to ensure you get the financial support you need.

Support for Child Custody Dispute Resolution

Separation can be tough for children. Beyond the change in the household dynamics and living arrangements, children may be negatively impacted by the growing, contentious relationship between their parents.

Our priority is to help families move through the separation process in a way that benefits all those involved, especially our clients and their children. We are proud to support you in resolving child custody disputes peacefully and efficiently.

Married biological parents of a child have equal rights to their children’s legal and physical custody. However, the court will always consider what is best for the child and will take into consideration many factors to determine custody arrangements.

Once the custody arrangements are determined by a judge, they must be adhered to. If circumstances change, and you feel a modification is necessary, we can assist you in seeking a modification. This process can be complex, and the reason for modifying the arrangement must be suitable. Common reasons to seek modification are if one parent is refusing to follow the orders, the health of a parent has declined, or domestic abuse or addiction becomes a concern.

Newport Family Law & Mediation Group can also assist with child custody issues in the following scenarios:

• Helping obtain legal guardianship over a child when neither of the parents is able to take care of them
• Fighting to secure visitation rights for a deceased parent’s family member
• Helping establish parentage for individuals who are not currently recognized as legal parents, including through genetic testing, to gain custody and visitation rights

We strive to represent you during court hearings and stress the importance of putting the interest of the child ahead of your own. A child custody agreement will always be written with a child’s well-being in mind. Child custody and guardianship agreements can also be terminated, depending on the circumstances that merit the change.

Facilitating Child Support Petition Resolution

Following a separation, a parent who maintains primary custody of a child may be entitled to child support. Child support is an amount of money sent each month to a child’s primary caretaker, ensuring the child maintains the living standard they are accustomed to.

Similar to spousal support, a mathematical formula is used to calculate child support in California. It takes into consideration the parents’ income and the custody arrangement in place. Newport Family Law & Mediation Group serves clients in California who are requesting child support from the other parent, assisting in calculating child support amounts and negotiating for you and your child’s needs.

We also help clients secure child support from unsupportive biological parents by establishing parentage.

Since child support is typically in effect until the child finishes high school (18-19), it is important that child support payments are calculated in an efficient and honest way. If you believe you should not have to pay child support or that the amounts are incorrect, our Orange County family law attorneys will work with you side by side to overcome the presumption of financial responsibility over a child or to reduce child support amounts.

FAQs:

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

A: The cost of a family lawyer in California depends on their level of experience handling family law cases and which city they are in. The complexity of the case may dictate how much you will pay. Many lawyers charge hourly, and an upfront payment may be requested. A fee agreement should be determined at the start of your family law case, and you should always be aware of what to expect as the family court proceedings continue.

Q: What Does a Family Lawyer Do in California?

A: A family lawyer in California can help you resolve multiple issues. They may represent you in a divorce proceeding through mediation or in court. They use their legal knowledge to defend you in matters of property division, child custody, and spousal and child support. A knowledgeable family lawyer can also assist with guardianship, domestic violence, and restraining orders or to establish paternity of a child.

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

A: You are not legally required to have a lawyer for family court in California, but it is highly advised to have one. It can be very difficult to represent yourself against a skilled family lawyer representing the opposing side. Having a knowledgeable Orange County family law attorney next to you will help guarantee that your rights as a former spouse or as a parent are protected, including spousal and child support, as well as child custody.

Q: How Long Does It Take to Get a Divorce in Orange County?

A: At a minimum, a divorce takes six months to finalize in Orange County. As long as both spouses are in agreement, the matter should not take any longer. If, however, child custody or financial issues persist and cannot be resolved between both ex-spouses, a divorce can take a lengthy period of time to finalize.

Our Orange County Family Lawyers Can Help; Call Today

As soon as you start to have questions, it is important to reach out to a trusted attorney. Schedule a free 30-minute consultation by calling our office in Newport Beach at 949-769-7040 today. You can also fill out our contact form online.

Contact us today to learn more about how one of our Orange County family lawyers can help you with your family matter.