Child Custody Lawyers Orange County California

You and your spouse have decided to divorce.  You have minor children, under the age of 18 or 19 and still in high school.  What do you do about the children?  Do not hesitate to contact child custody lawyers.  Orange County, California family law attorneys all deal with child custody.  Get an attorney’s advice from the beginning of a divorce proceeding, because what you set as precedent may be difficult to change later.  In other words, what you set up for custody and visitation during the interim of a divorce may be what the Court deems is best for the children.  The Court may use the “if it’s not broken, don’t fix it,” theory and just leave the custody and visitation as it is.  It is in the best interest of the children that you and your spouse work together to keep them in a stable environment with the least amount of change as possible.  However, without legal guidance you may end up with a custody and visitation schedule that you do not want.

Another situation that comes up often is that a mother or father lets the minor children stay with the other parent and the other parent refuses to give the children back.  Again, immediately call some child custody lawyers.  Orange County, California has many lawyers who will give you a free consultation.  The first thing that any attorney will tell you is that without a Court order, law enforcement cannot do anything for you.  Unless, there is domestic violence involved where the children are in danger, law enforcement will tell you that it is a civil matter.  They cannot force the parent to return the child or children because there is no order telling them which party has legal or physical custody.  So, talk to some child custody lawyers.  Orange County, California attorneys can file an immediate hearing to get a Court order.

If there are reasons to suspect that the minor child or children are being physically harmed or if threat of physical harm is evident, the Court will hear the case in an Exparte hearing.  Which means little or no notice is required to the other party and the hearing can be put on the Court’s calendar the next day.  Also, if there is a threat that the minor child could be taken out of the state or country, your attorney can go in Exparte and ask the Judge to make immediate orders.  There are ways to protect your children.  Do not take any chances.  If you need a child custody lawyer in Orange County California, please give us a call and we would be happy to help you.

Irvine Divorce Lawyer - Where To Look?

You have been served with divorce papers from an Irvine divorce lawyer.  What do you do next?  The Summons and the Petition for Dissolution state that you need to file a response to the Petition within 30 calendar days of the day that you were served.  How do you file a response?  Do you need to hire an attorney?  What should you do?

Many people make the mistake of waiting until the last minute to figure it out.  The first thing you need to do is call an attorney.  It really doesn’t matter if it is an Irvine divorce lawyer or an Anaheim divorce lawyer.  As long as the lawyer practices at the Lamoreaux Justice Center, the Courthouse in Orange, California, you are okay.  The courthouse in Orange is the only family law court in Orange County.  You will need an attorney who has local courthouse expertise and familiarity with the Judges and Commissioners.

After you talk to a lawyer, do not wait to respond to the divorce documents that you were served.  Do not wait until the very last day of the 30 calendar days to go see an attorney. If you live in Irvine, California, go and make an appointment with a divorce lawyer.  If you look through any lawyer directory, or yellow pages you will see that Irvine is a huge base for many types of attorneys.  Make sure that you are looking for a family law attorney.  If your spouse hired an attorney, it is always smart to hire your own.  However, many people think that they can represent themselves.  Some do an adequate job.  Just be aware that if you ever end up in a Court hearing with an Irvine divorce lawyer on the other side, you will also be held to the standard of a divorce lawyer would be in Court.  You will have to follow the same evidentiary rules and the same civil procedures as an attorney.  Just because you do not have an attorney, do not expect that the Judge will give you special treatment or give you more chances.  So, hire an attorney and get help responding to the divorce papers.  File the response and serve the response on the opposing party.  From there, your attorney will guide you in whatever issues you need to resolve immediately.  Early on in a divorce is where people make the most mistakes.   Especially when there are children involved.  So, be smart and do not take chances.  Protect yourself and your children by doing everything correctly from the beginning.

If we can help you in any way, please feel free to fill out the contact form above, or give us a call at 1-800-784-6670.

Orange County Court Family Law - Need An Extension?

Preparing the correct forms and documents in an Orange County Court, Family Law case can be frustrating.  First, just figuring out which forms to fill out is confusing.  Then, you have to figure out which forms to file with the Court and which forms have to be completed and served upon the opposing party.  Finally, you have to serve the correct Court documents upon the opposing party properly.  Certain documents must be personally served.  If the documents are mailed to the opposing party, the party has to sign a Notice and Acknowledgment of Receipt and mail it back to the serving party.  The formalities and rules can be difficult to navigate without an attorney.

After the initial paperwork is done and served upon the opposing party, the opposing party must respond to the Court documents within a certain deadline.  In an Orange County Court Family law case, many people represent themselves thinking that they can handle their own paperwork.  Often people get served with Court papers and do not respond in the time allotted, either because they did not read the instructions carefully or they just didn’t know how to respond.  Many ask what happens if you do not file your response in time?  Is it possible to get an extension of time to respond?  How do you get more time to file a response?

Every Petitioner and Respondent in an Orange County Court Family law case has to file the appropriate forms.  For example if the Petitioner files the Petition of Dissolution, the Respondent has to file a response to the Petition.  If one party files a declaration stating what they are requesting, then the opposing party needs to file a responsive declaration.  Yes, there are time frames in which these responses need to be filed with the Court.  In cases filed with the Orange County court, Family Law attorneys will know all the Court procedures and requirements.  If no responses are filed, the Judge will want proof that the opposing party was served correctly.  If the Judge finds that service was done properly and all the appropriate forms were filed with the Court, the Judge will have no other choice but to approve a Default Judgment.  A Default Judgment means that one party will get a Court order for whatever they want in the divorce. In the Orange County Court, Family Law Judges do not particularly like giving Default Judgments, because the orders of the Court can be inequitable and unfair to the parties involved.  Your rights in a divorce could be adversely affected if you do not follow the procedures and respond in a timely manner.

However, if you did miss your response date, your attorney can file a Motion with the Court to get an extension of time to respond.  But, by the time your attorney has filed a Motion and gets to Court, it just gives the other side time to file a Default Judgment. The smarter thing to do is hire an attorney and have your attorney call the opposing counsel or request, in writing, time to respond.  A call or letter from you to the Petitioner will not be considered a proper response and will not protect you.  But an agreement between attorneys will save everyone time and money.

Although, if a Default Judgment has already been filed, it can be set aside by filing a Motion with the Orange County court.  Family Law attorneys will need to be consulted at this point in the proceedings because a Set Aside Motion can be complicated.  Be aware that a Default Judgment can be filed the day after a response is due.  So, follow the rules and time to respond.  Please let us know if we can help you.

Orange County Family Law Attorneys - Who Will Listen

There are hundreds of Orange County Family Law Attorneys licensed to practice law.   Hopefully there is one or more who will take the time to listen when you are going through a divorce.  The listening skill seems to be the one skill that attorneys should have in abundance.  We all know that attorneys know how to talk.  It is the job of your attorney to argue on your behalf.  It is the job of the Orange County Family Law Attorneys to represent you zealously and to the best of their abilities.  However, when you are trying to decide who to hire to represent you in your case, you will want the attorney who listens more than he or she talks.  You need someone who will take the time to listen to your story.  Listen to what you need and want.  Listen, even when you need to vent.  Listen when you need feedback and support. Sure, every attorney needs to maintain their business.  They need to earn their fees.  So, the attorneys may charge you for the time they listened.  Check your retainer agreement.  However, you need to know that there are Orange County Family Law Attorneys who care about you and your case.

Of course, not all attorneys are the sensitive, empathetic type of people.  Sometimes, you just want your attorney to take care of business.  Most people just want to know that they will be taken care of when you are going through life changes in a divorce.  You need someone who you can trust.  No matter what situation you find yourself in, make sure that you can talk to your attorney.  If you feel like you are not being heard, go to another attorney.

Often, people go from one attorney to another, either because the attorney didn’t do their job the way the clients wanted or there is no communication between the attorney and the client, or both.  Also, non-payment of attorney fees is a reason Orange County Family Law Attorneys withdraw from cases.  Just be aware that it is okay to get out of an attorney/client relationship.  Just ask your attorney to sign a Substitution of Attorney form and file it with the Court.  If attorney’s fees are the issue, ask for an accounting from your attorney.  Although, if your attorney wants to get out of your case against your will, your attorney will have to file a Motion to Withdraw and ask the Court permission to withdraw as counsel.  In such instances, the Court may or may not allow the withdrawal.  If a case is in the middle of a trial, the Judge may not allow the attorney to withdraw because it would delay the trial.  You will be stuck with your attorney.  The Court does not like delays or wasting the Court’s time.  If the Court does allow the withdrawal, you will need time to hire a new attorney.  Then, your new attorney will need time to prepare your case.  So, expect that your case will take longer than you anticipated.

The point is that you could probably avoid all these problems.  Just make sure that you hire an attorney that communicates with you and listens.  To work with one of the best Orange County family law attorneys, fill out the form above, or call the 800 number.

Orange County Family Lawyer

What is the difference between a legal separation and a divorce?  Many people don’t even know that a legal separation is an option.  Before you file either a legal separation or a divorce case, you should always consult with an Orange County family lawyer to make sure that you are making the best decision for your family.

Basically, if you file a legal separation with the Court, the Court treats the case nearly the same as a divorce matter.  The difference in a legal separation is that you are still considered legally married to your spouse and cannot remarry.  All the other issues in a legal separation are equivalent to a divorce proceeding.  If you live in Orange County, California, the community assets and debts are divided equally.  Any property, real or personal is considered community property if the asset was acquired during the marriage.  The same goes for community debts.  All debts acquired during the marriage also will be divided equally between the parties.  Child custody, child visitation and child support and spousal support are all issues to be resolved.

If you ask any Orange County family lawyer, he or she will ask you why you wish to file a legal separation rather than a divorce.  The answers vary.  The couple is not quite sure that they want a divorce.  They want some time to be separated to think things through and in the mean time divide everything and separate their lives.  Other answers that an Orange County family lawyer might hear is that the couple just want to legally separate all their assets and debts and still be married.  Yet some couples just aren’t sure what to do when they start having problems in the marriage.  One party will file legal documents right away, sometimes just to show their spouse that they are serious.  They will use a legal separation as a threat to get their spouse to do what they want.  It is sad, but true.

The first thing that an Orange County family lawyer will warn against is that if there are children in the marriage.  A legal separation will probably be harder on the children emotionally and physically than a divorce proceeding.  The custody and visitation of the children should be immediately resolved.  Hopefully, the separating couple will be able to come to an amicable agreement for the best interest of the children.  However, if there are issues that cannot be resolved, the Court will still have to make orders regarding the children.  But in reality, the order of the Court is just “temporary” in nature until the couple decides to either get back together or file for a divorce.  In which case, the children will be in limbo until the Court makes final custody orders in a divorce proceeding.  Be aware that not all temporary orders will be made permanent orders.  It will depend on the circumstances at the time the final judgment for dissolution is signed by the Judge.  So, the point is, ask for the advice of an Orange County family lawyer before filing any legal documents.  Get information on all your options before making any decisions.

Orange County California Family Law

Many have tried to deal with divorce on their own and have found that the forms are confusing and frustrating to fill out.  Then after you find out which forms you need to fill out, you have to figure out which documents are to be filed with the Court.  Then you have to serve the documents upon the opposing party, pay fees and set a mediation and Court hearing.  Preparing divorce documents can be a very daunting task, especially if you do not know if you are doing everything correctly.  If you have done all the document preparation correctly, you then have to show up in Court and be your own attorney and argue your case in front of a Judge or Commissioner. Who could possibly want that kind of stress?  It might be well worth it to spend the money for legal help.

There are many Orange County California Family Law firms and attorneys that you can hire to help you.  Family Law is the field of law that deals specifically with divorce and all the issues that are included in a divorce proceeding.  The list of issues typically in a divorce include:  Spousal support, division of community assets and debts, child custody, child visitation and child support.  However, in the practice of Family Law, the types of legal cases could be much more expansive than just divorce.  In Orange County California, Family Law attorneys prepare pre-nuptial agreements, handle adoptions, set up trusts and prepare wills, handle juvenile and dependency matters, handle probate cases, file for restraining orders, and take on domestic violence cases both in the Orange County California Family Law courts and the Orange County criminal courts.

Although attorneys advertise that he or she practices Family Law, make sure that the attorney you are hiring has experience in the specific type of law that you need.  Many make the mistake of hiring an attorney who has a general-practice type of firm. The attorney may or may not have the experience for divorce proceedings in the Orange County California Family Law courthouse.  There is only one courthouse which handles most all Family Law matters located in Orange called the Lamoreaux Justice Center.  Make sure that the attorney you are hiring has local courthouse experience.

You will be so thankful that you hired an attorney to fill out the confusing forms for you and handle all the filing and serving of the documents.  Not only is the document preparation important, but the decisions that you make early on in a divorce case can dictate the results of your case.  In the beginning of your divorce, you can’t predict if your case will be one that can be quickly settled or one that will end up in endless litigation.  Either way, the legal advice that you get from your independent counsel could be imperative.  Just make sure that you follow the advice.

The Affordable Orange County Court Divorce

One of the first questions asked when filing a divorce proceeding is, “how much will it cost?”  Finances will be usually one of the main issues in an Orange County court divorce case.  First of all, everyone wants the most “affordable” attorney.  However, everyone also wants the “best” attorney possible.  It is possible to get both, if you are smart.  In this economy everyone is trying to save and be more careful with their money.  No one wants to pay more than they have to in a divorce.  However, people want to know that they are going to be taken care of by their attorney. So, what is “affordable?”  It all depends on if the attorney you are considering to hire will “work with you” when it comes to financing a divorce.  During a divorce, emotions are running high and people are desperate.  Especially when children are involved, some people will pay anything to just resolve the whole legal situation quickly and with the least amount of pain.  In such moments of panic or desperation, some people don’t make very smart choices in hiring an attorney to represent them.

The first and most important step to take when hiring an “affordable” attorney in an Orange County court divorce case is to go for a consultation.  Most attorneys will give free consultations.  It will cost you nothing but a little bit of time to get the legal opinion of your divorce case by an attorney.  Then after you have given the attorney your information, ask him or her how many hours the case will require to get resolved. The attorney will most likely give you several scenarios because a divorce case is hardly ever a cut and dry type of case.  If this happens, then the case will take this many hours, ect.  Not every divorce case ends up in front of a Judge in the Orange County Court.  Divorce proceedings are sometimes quite simple and do not require for you to go to court at all.  However, some cases are impossible to settle and they end up in Court often.   In which case, your attorney will be in Court, billing your case by the hour.  You can do the math.  Every attorney has an hourly rate.

Most every family law attorney will require a retainer agreement to be signed and a retainer fee to be paid before starting to work on the case.  The retainer is probably a good indication of how many hours the attorney will need to complete your case.  It will just depend on how simple or complex the issues in your Orange County court divorce case may be.  After the retainer fee is “used up” and billed, every attorney will bill hourly or require another up front fee to continue working on the case.  Make sure you read and understand the retainer agreement before signing it.  Make sure that you are clear on what the attorney is including in his or her billing.  Will the attorney bill you for phone calls to the office?  How about the cost of mailings and copies?  If your case happens to be one that goes to trial, the copying costs could get quite high.  Simply ask the attorney if they will take installment payments on an initial retainer fee.  See if the attorney will allow you to do some copying to keep the costs low.  It doesn’t hurt to ask.