If divorce is the next step in your journey, make sure you have the right guidance. Although divorce is never easy, you can take care of yourself during this difficult time by hiring an Orange County divorce attorney.
As you work through this process, you will have to make a lot of tough decisions. Without the knowledge and advocacy of an attorney, you risk making decisions based on your hurt feelings—instead of choosing what is best for your future.
Wondering how to start your search for the right attorney? OrangeCountyLawyers.com has verified the attorneys listed here all have physical presence in Orange County and are ready to help you.
Divorce can be an incredibly difficult and emotional process, and there are a few things that most divorce lawyers may not tell you:
It’s important to remember that everyone’s experience with divorce is different, and that seeking support from friends, family, or a therapist can be beneficial during this time. It’s also important to have excellent legal help and to make sure your divorce lawyer answers your questions thoroughly and prepares you for road ahead.
Over the coming months, you’ll have to make life-changing decisions regarding:
How you choose to move forward will determine how your future plays out.
You should know that divorce lawyers absolutely hate FLARPLs (Family Law Attorney’s Real Property Lien). However, a FLARPL is a legal tool that allows a family law attorney to place a lien on real property (such as a house or land) in order to secure payment for their services.
The lien is typically placed when a client is unable to pay the attorney’s retainer fees and the lawyer believes that the client’s real property has sufficient equity, or will increase in value before the case is concluded. The lien is recorded with the county recorder’s office and is attached to the property, meaning that it will remain on the property even if it is sold or refinanced.
Many lawyers will not take a case if financing is dependent on the FLARPL because of the rules & regulations, and the potential added stress between you and your lawyer. Make sure to discuss this with your potential lawyer early in your initial consultation.
In order to get divorced in California, one spouse must have lived in California for at least six months preceding the divorce and in the county of filing for at least three months. Like most other states, California only recognizes no-fault divorce. Even if one partner was unfaithful, abusive, addicted to drugs or alcohol, or otherwise considered an unfit partner, there are no grounds for fault divorce here.
California is a community property state. Everything you and your spouse have earned or acquired during the marriage belongs to both of you. When you divorce, these assets should be divided in half and distributed to both parties. This process can become more complicated when it comes to real estate, retirement accounts, investments, and other assets that fluctuate in value.
In most divorces, the parents come to an agreement on child custody. Physical custody refers to where the child lives and with whom, while legal custody refers to who makes important decisions regarding healthcare, education, and upbringing. Both physical and legal custody can be joint or primary. Joint physical custody means that the child lives with both parents for roughly equal periods of time. With sole or primary custody, one parent takes on the majority of the childrearing, but the other parent usually gets visitation. An attorney can negotiate an agreement and schedule that best supports your child.
In California, the court uses a complex formula to determine child support. However, there are many circumstances under which a judge may deviate from that formula. For example, they may order a parent to pay additional child support for child care costs, healthcare expenses, unique needs of the child, and visitation-related travel costs.
In California, spousal support, also known as alimony, is determined on a case-by-case basis which takes into account various factors such as the length of the marriage, the income and earning capacity of both spouses, individual needs, and standard of living established during the marriage. The court will also consider the ability of the paying spouse to pay and the needs of the receiving spouse.
When choosing a divorce lawyer, there are several factors to consider. Primarily, this boils down to: experience, practice focus on family law, reputation & client reviews, availability & cost. Ultimately, you should choose an Orange County divorce lawyer who you trust and feel comfortable working with, and who has the experience and qualifications to handle your case effectively.
Wherever you are in the divorce process, finding an attorney can limit your stress and help you work through this process swiftly. Browse our Orange County attorney listings now.