Orange county california divorce attorney


What Is Family Law?

There is an agreed-upon Division of Property document signed by both parties. Grounds — California recognizes the "no-fault" divorce. This is important, because unlike in other states, a person cannot sue their spouse for divorce based upon some wrongdoing. The most commonly-cited reason for divorce is "irreconcilable differences" that make it impossible to continue within the marriage. The goal is for both parties to be able to rebuild and move on with their lives. Fault for the divorce still has some degree of relevancy. When adjudicating the division of property or the granting of alimony, the court will often take into account any mitigating circumstances — abandonment, adultery, domestic violence, etc.

Common-Law Marriage — California does not recognize the concept of "common-law marriage". Two people are not married unless they officially obtained a marriage license and thereby entered into a legally-recognized relationship.

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Therefore, a legal divorce is not possible where there has not been a legal marriage. To be clear, unlike in some other states, it does not matter how long the parties have been cohabitating or even if one spouse has taken the other's name. Property Division — California adheres to the principle of "community property" within a marriage.

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This means all incomes and interest earned or property purchased by either party, both separately and jointly. Any real or personal property that was owned by either spouse before the marriage — including any gifts or inheritances — is not included when figuring community property. Custody of Children — In most cases, judges in California courts try to support joint custody agreements, because the presumption is that it is in the best interest of any children to have continuing and frequent contact with both parents following a divorce.


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However, if no agreement can be reached, an order is usually made for mediation. It is greatly in your self-interest to try and come to some sort of an accord at this point. As a last resort, the court will take over to make the final decision.

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This is where the judge — not you — has the ultimate decision in how often you get to see your children. If at all possible, you want to avoid arriving here. Child Support — As in all other states, California basis child support on the income and resources of each parent, as well as how much time each parent will spend with the children, based upon the custody agreement.

Judges in California will sometimes impute, or "assign", a level of income to a parent who has the ability to earn more than they are currently.

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In this case, it is the potential income, rather than the actual income that is used in calculating child support. Special Circumstances for Same-Sex Couples — Same-sex married couples who were married in California but who now currently live in a state that does not recognize same-sex marriages or divorces can then file in California, without regard to any residency requirements.

It is required, however, that the divorce is filed in the same county in which they were married. If neither party lives in California, then the only adjudication made will be about the divorce. Other issues, such as spousal support, child custody or support, or the division of property will be outside of California's jurisdiction. If a same-sex couple engaged in a domestic partnership that was registered in California decides to end that partnership, they are able to do so even if they do not live or have never lived in California.

If, however, the domestic partnership was registered elsewhere, then that couple falls under the regular residency requirements. Learn about divorce in the United States. What Is Family Law? Because this type of law is very specialized, it requires a family law attorney who are themselves the best in the area of family law Read More Meet Our Team Learn what makes us different and why experience really matters with your divorce. Law Offices of David P. Law Firm Profile Free Consultation.

Law Firm Profile. Law Offices of Kris A. Law Office of Robert G. William M. Law Office of Patrick A. Mediation Offices of David L. Price, Esq.

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Orange County Divorce Lawyer | Santa Ana, California Family Law Attorney | David P. Schwarz

The Law Offices of Dorie A. Facing Divorce or Legal Separation? Need an attorney in Orange County, California? How do I choose a lawyer? Not sure what questions to ask a lawyer? Here are a few to get you started: How long have you been in practice? How many cases like mine have you handled? How often do you settle cases out of court? What are your fees and costs? What are the next steps? Please enter a message. No Yes Other Please select an option.


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Raja S. Gill Founding Attorney. Stephanie Reyes Attorney. Kyle Shiroma Attorney. Edgar C. Johnson, Jr. Of Counsel. We have the skills to handle all aspects of your divorce, including: Child custody Child support Modifications Property division Relocation Spousal support Visitation.

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