September 23, 2009
Why do you need the advice and guidance of divorce attorneys? Orange County, California seems to have many attorneys to choose from. Which one do you go to for advice? How do you know that you can trust the attorney? Well, many people in need of marital advice, whether it is about a divorce situation or a child custody matter, are in a state of emotional turmoil. The uncertainty of the future of a marriage or the custody of children tend to make people desperate for good advice. Many will still open the yellow pages and look up the 500 pages of attorneys to pick one. Others will get on the internet and search for attorneys to call. Reassurance and information is the reason that people need the advice and guidance of divorce attorneys. Orange County California has numerous attorneys from big firms to solo practitioners to choose from.
Which ones do you choose to advise you? Well, the biggest difference between attorneys who work in large firms and attorneys who are in solo practice is the person. Some attorneys enjoy the large firm atmosphere, working in a partnership or team. Other attorneys like the freedom of self employment and having complete control of a case from start to finish. Both types of attorneys would agree that the face to face consult is the best way to know whether or not to hire an attorney or take on a new client. How can you trust someone, unless you meet them and get to know them a little bit, before putting your whole future in someone’s hands? That is why attorneys do consults.
Look for an attorney who will do a free consult. Meet the attorney and take all of your information, filings and paperwork to the meeting. Research the attorney before the consult. Look them up on the State Bar of California website. Google them. Find out a little bit about them. Ask about any certifications. The State Bar of California does allow Family Law Certified Specialists to advertise as top divorce attorneys. Orange County California has approximately 100 Family Law Certified Specialists. This means that the attorney has to take and pass an exam to prove their knowledge in the Family Law field. They also must keep up the certification with continuing education. The requirement keeps the attorneys educated about current laws and changes in the field of Family Law.
Although, many Family Law attorneys believe that experience also makes an attorney a “specialist” in a legal field. The decision is yours. It comes down to who you can trust to be your legal representative. Your attorney should be professional and knowledgeable, but most of all you should be able to trust him or her with your future or the future of your children.
The decision to divorce is a difficult one to make, particularly if children are involved. It creates profound stress and often precipitates many other life changes. With over 20 years experience, our divorce attorneys in Orange County California, thoroughly understand the continuously evolving California case law and legislation that impacts the divorce process. In addition to acting as an advocate and advisor for our clients, our divorce attorneys understand the pressure felt by those involved in the divorce process and work to address their personal concerns. Give us a call today at 1-800-784-6670 or fill out the contact form above to get your free consultation today.
May 18, 2009
The Judge ordered you to pay child support. You either could not pay or you just haven’t paid the custodial parent. You are contacted by the Orange County Child Support Services and given notice for you to come to the office or notice to show up in Court. What do you do? Find and make an appointment with any number of child support attorneys. Orange County California has its own local agency of the California Department of Child Support Services. Their mission is “[t]o enhance the quality of life for children and families by establishing and enforcing court orders for the financial and medical support of children in an effective, efficient, and professional manner.” Do not be fooled, they will collect from you, one way or another. They have the power to suspend your driver’s license if you do not comply with a child support order. They also have the power to garnish your wages, without your permission. Also, if the custodial parent had to receive welfare to support the minor children, you (the non-custodial parent) will have to pay the welfare back to the state of California. Ask any and all child support attorneys. Orange County California Department of Child Services has far reaching powers to collect Court ordered child support.
The child support amount that you are ordered to pay is derived by inputting your income, the income of the other parent, the number of minor children you have and the percentage of time that you share your minor child or children into a formula called the Dissomaster guideline. These are mainly the factors that effect child support. The Dissomaster can be run by child support attorneys. Orange County California Judges usually follow the guidelines of the Dissomaster when ordering child support. However, other factors do affect the outcome such as expenses and other types of income such as bonuses and commissions. The Judge uses the Dissomaster as a guideline, but they do not always have to follow the results. It is up to the Judges’ discretion to follow the guidelines.
Once the incomes of both parents are established, which could be quite complex, the Judge will then determine an interim child custody time share. Each of these issues could go to trial if the parties cannot agree. In the meantime, understand that one of the Court’s main objectives during a divorce proceeding is to protect the children and make sure that they are financially supported and their needs are met. Even if the parties cannot agree to an income issue, the Judge will most likely order interim child support which may be changed at the conclusion of the divorce.
If you are looking for child support attorneys in Orange County California, please give us a call at 1-800-784-6670, and we would be happy to help. With over 20 years experience in Orange County Family law courts, you can be sure you have made the right decision.
May 13, 2009
One of the most frequently asked questions in a divorce with minor children is whether or not child custody affects child support. The answer is, yes. However, many mistakenly believe that if they get more than 50% physical custody of a minor child, they will not have to pay child support at all. There are times when this is true and there are cases when it is not true. There are many factors that will determine the amount of child support and who will be ordered to pay. You need to have the Dissomaster formula run by child support lawyers. Orange County California courts mainly utilize and follow the guidelines of the Dissomaster formula. What is the Dissomaster formula? Well, unless you helped formulate it, the exact mathematical formulation is complex to understand and explain, even for some child support lawyers. Orange County, California judges do follow the guidelines of the formula to come to a child support order. You will need to understand that the results will vary depending on many financial and custody factors.
So, the first thing that your attorney will need from you is your income information in order to run the formula. The next important factor is the percentage of time that you and your spouse will share the minor children. Visitation can be divided any way the parties want. However, it is not always easy to agree. If the parties cannot agree to a visitation plan the next thing that you need to do is consult with child support lawyers. Orange County California family court requires the parties to attend mediation before the Judge will hold a hearing regarding custody and visitation issues.
Mediation is a meeting between both parties and a professional mediator. The mediator will assist the parties to come to an agreement regarding visitation with the minor child or children. If the parties cannot agree to custody and visitation, the mediator will report to the Court that the parties could not come to an agreement. The mediator only handles the custody and visitation issues of a divorce proceeding. They will not discuss child support with you. The Court will then allow a hearing and give the parties a chance to testify. Then the Judge will make interim custody and visitation orders. This interim visitation order will be plugged into the Dissomaster formula along with the income information of both parties to come to an interim child support order.
Yes, you may be able to change the child support order at the end of the divorce proceeding. If your income changes or the Court changes the custody and visitation orders the amount of child support will change in the Dissomaster. Now, just because you get more than 50% of time with your children, doesn’t mean you will pay nothing. If your income is much higher than your spouse’s income, you will still be paying child support.
If you are looking for top child support lawyers in Orange County California, please give us a call at 1-800-784-6670 or complete the contact form above, and we would be very happy to help you attain your goals!
May 4, 2009
What does having custody of a minor child mean? That is one of the most frequently asked questions to child custody attorneys. Orange County, California family law defines custody in two ways. There is physical custody and legal custody. You can hold physical and legal custody either jointly or solely. Having joint physical custody does not necessarily mean that you have the child or children fifty percent (50%) of the time. The term “joint” means that both the mother and father equally have the legal right to have physical visitation with the minor child. The party who physically has the minor child for more percentage of time has primary physical custody. The other party holds secondary custody. The fight is usually about who gets more time with the child and how that affects child support. Most child custody attorneys in Orange County California will be able to run the dissomaster guidelines and be able to advise you on child support issues as well as custody issues.
A party can also hold sole physical custody. Again, this term does not mean that the other party does not get to see the minor child at all. Reasonable visitation is ordered by the Court even if one party holds sole physical custody. If a party has sole physical custody of a minor child, it technically allows a party to move to other counties, states or countries without the permission of the other party. However, be aware that most custody orders limit the power to move a minor child away without consulting the other parent. If you think that your child is going to be moved away, you need to immediately consult with child custody attorneys. Orange County, California Judges do not like to see that one parent is deliberately trying to undermine the relationship of a child and the other parent by moving the child away. Even if you have sole physical custody, you should not disrupt the visitation schedule of the other parent ordered by the Court. The goal of the Court is to provide continuous and uninterrupted contact between the minor child and both parents as to promote the best interest of the minor child.
Legal custody can also be held jointly or solely. Legal custody gives the parents the legal decision making power, mainly, over the health and education of a minor child. So, joint legal custody is usually what is ordered by the Judge, because that gives both parents equal power over the health and education of their child. The problems come into issue, for example, when one parent wants to send the child to a private school and the other parent does not. Another example would be if a child has physical or mental health issues and has special needs or recommended medication. One parent wants the medication and the other parent does not. If you cannot agree with the other parent and you either hold joint legal custody of a minor child or custody is not yet established in your case, you need to consult with child custody attorneys. Orange County California schools and physicians will abide by an order of the Court.
If we can help in any way with your child custody case, please give us a call at 800-784-6670 or fill out the contact form above.
April 30, 2009
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.
April 28, 2009
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.
April 24, 2009
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.
April 22, 2009
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.
April 15, 2009
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.
April 8, 2009
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.
April 6, 2009
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.
March 11, 2009
Even in the world of divorce, you will find that there are all different types of Orange County divorce attorneys. When you are looking for an attorney to represent you in your divorce case, you will probably need to decide what type of attorney you will hire. You will need a person you can trust to take care of you and your needs and of course you will need an attorney that you can afford.
There are the “old school” attorneys who are not necessarily “old” in age, but have practiced in the family law area for more than 20 or 30 plus years. Many Orange County divorce attorneys are considered “old school” because they have been practicing law a long time in the same area of law in the same Courthouse, and everyone knows their names. The attorneys know and are friends with the Judges and Commissioners, the Judge’s clerks, filing clerks, bailiffs, and all the other staff of the County court who have also been working at the local courthouse for 20 plus years. Read more
March 3, 2009
You are the Petitioner and you have filed the initial Summons and Petition for Dissolution in the Orange County Court. Divorce proceedings have begun. The next step is to serve the other party with the Summons and Petition for Dissolution and fill out a Proof of Service to file with the Court. The Respondent files a Response to the Petition and serves you, the Petitioner, with the Response. Either one of the parties can file an Order to Show Cause or Motion to resolve some initial issues such as interim Spousal Support and/or Child Support. A Court date is set and both parties need to make an appearance. Read more
February 26, 2009
You need to find a lawyer to handle your divorce. Most people don’t have a clue where to look. You might ask a friend or family member who they used. Or you could open the yellow pages and find a friendly face. You might want the ruthless looking one. It all depends on how much you like, or dislike your spouse (i mean future ex-spouse). One thing is certain though, you should never pick a divorce lawyer when you are in an emotional fit of rage. Doing a little bit of research will benefit you greatly in the end.
Here are 10 easy steps to find and hire a lawyer who meets your legal needs. Read more
February 23, 2009
When you want to get a divorce in Orange County, you have choices that you need to make on how you want to divorce your spouse. The decision to file for divorce is the biggest and probably one of the most stressful decisions two people will have to make. After making the decision, there are different ways to complete the task. The first questions to be answered will be whether the couple owns marital assets and debts to be divided. Are there minor children of the marriage? What will the couple need to divide? Is there are business? Are there other financial issues to be resolved such as retirement funds, savings accounts, rental property, taxes?
Depending on how these questions are answered and how well you and your spouse “get along” will determine which legal path you will take to complete a divorce. Read more
February 12, 2009
The term Family Law is a broad description of the issues involving the family. If you are looking for an Orange County Family Law attorney make sure that he or she actually practices and has experience in the area that you need legal help. An attorney might advertise that he or she practices in all the aspects of Family Law. However, be aware that some attorneys do not have experience in preparing or litigating ALL the issues that may arise in your specific case. For example, just because an attorney has experience in child custody matters, does not necessarily mean that the attorney has experience in juvenile dependency matters or adoption matters. Another example is if an attorney states that he or she handles divorce proceedings, it does not necessarily mean that the attorney also handles preparing, defending or litigating prenuptial agreements or Probate and Estate issues. Read more
February 7, 2009
Why do you need a divorce attorney? Many people think that they can handle a divorce by themselves. The paperwork involved is not too complicated. An intelligent person could figure it out. Today, the help that you can get on the internet is very easily accessible and user friendly. However, if a Court appearance is necessary, a divorce hearing can become tricky. Especially when there are children involved in a divorce case, it is wise to seek legal advice from a divorce attorney. Orange County, California seems to have a good selection and a wide range of Family Law attorneys “specializing” in all the different areas of Family Law. A divorce attorney in Orange County could specialize in custody litigation or support litigation or just child support cases. Whatever your particular case involves, you can hire an attorney tailored to your needs. Read more
February 3, 2009
Orange County Ca divorce issues can be simple or quite complex. If you have no children and no assets, a divorce can be accomplished by filing the correct paperwork with the signatures of each party in the appropriate places. If you have assets whether it is real or personal property, all the community assets will have to be divided equally or in a fair and equitable manner. In an Orange County Ca divorce, any thing that was purchased during the marriage is considered community property. However, if a party owned property, accumulated income (such as a retirement fund or stocks) or owned a business before a marriage, the property could be considered separate property and is not usually divided equally in a divorce. Often the issues are not cut and dry. Read more
January 29, 2009
Divorce is a highly emotional time for anyone. It is also a very confusing time, because you just don’t know your legal rights. It is a scary time to know that your whole life will change in every aspect when contemplating divorce. There are so many issues to deal with all at one time such as, custody issues, financial issues, marital property. It seems that especially in Orange County California divorce cases, property and support issues are often complex. The biggest asset a couple usually owns in a marriage is real estate. Most often, the house that you and your spouse own is community property which needs to be divided when a couple is divorcing. In an Orange County California divorce proceeding, the big property “fight” is usually who gets the house. Of course, in any county and state property division is an issue, but for some reason, since the values of real estate in Orange County California skyrocketed in recent years, in an Orange County California divorce, property division seems to have become the forefront issue in a divorce proceeding. Read more
January 27, 2009
You are emotional and frustrated because your marriage is ending. Where do you go for help? Well, if you are living in Orange County California, there are different ways to find an Orange County divorce attorney. Word of mouth and referrals seem to be a trustworthy way to find an attorney. At least someone knows how a particular attorney handled a case, firsthand. However, each case is different and if a friend of a friend had a good experience with an attorney does not mean that that particular divorce attorney is the perfect fit for you or your case. Some people prefer a big law firm to handle their case. Some prefer the personal attention a small firm or sole proprietor is able to handle a divorce matter. Read more