Divorce Attorney in Orange County, CA

When you make the decision to get a divorce, it can be very stressful. Even though it is likely the right choice for you and your family, it is still an emotionally and financially draining experience. Divorce cases involve numerous types of family law cases, like spousal support, child custody, and the division of assets. With the support of an Orange County divorce lawyer, you can protect yourself and your family’s interests.

It’s important to work with the right legal representation for these sensitive cases.

Best Orange County Divorce Lawyer

Hire a Divorce Lawyer

If you are preparing to go through a divorce or are currently going through a divorce and would like to speak with an experienced Orange County divorce lawyer about your options, contact The Goldberg Legal Group as soon as possible. For more than 18 years, our firm has brought compassionate support and legal guidance to families throughout Orange County. This experience allows us to use our knowledge of opposing counsels and judges to tailor our services to meet your needs.

Our Orange County family law attorneys understand that a divorce is a stressful and sometimes overwhelming time in a person’s life, which is why we focus on helping our clients navigate this process as smoothly as possible. It’s important to understand the major aspects of your divorce that we will work through to get you a favorable outcome. We can help, no matter what complications and individual factors of your marriage and upcoming divorce may involve.

Our firm is experienced in family law and has experience with the Orange County Superior Court Family Law Division. Call our firm for an initial consultation and speak with an experienced family law professional. You will be able to learn more about how our divorce lawyers can help, how we have worked with clients in similar family law matters as your own before, and get all your concerns addressed.

Determining Asset Division in a Divorce in Orange County

There are many things to consider when it comes to dividing assets and debts in a divorce. This is an important process in a divorce, ensuring that each spouse gets their equal share.

The median income for non-family households in Orange County was more than $76,200 in 2024, while the median income for married-couple families was nearly $154,100. The significant assets that married couples secure during their marriage must be divided during divorce.

Because all assets and debts accrued during a marriage are divided equally between spouses, the first step for your divorce lawyer is to determine what property is community property and what is separate property.

Community property includes the assets and debts that spouses obtained during their marriage, with some exceptions. Separate property is what a spouse owned before the marriage, or which was derived from a separate source and kept entirely separate for the duration of the marriage. Separate property is not divided during a divorce.

Once the different property types have been agreed on, the next step is to divide the debts and assets. In California, each spouse is entitled to an equal portion of community property regardless of the circumstances of the divorce. The more complex the assets are, the longer and more complicated this process can potentially be.

We will help you accomplish this collaboratively because we have seen firsthand how, if the couple cannot agree, they are ultimately leaving it up to the courts in Orange County to determine how their property will be handled. Most couples do not consider this scenario to be ideal, because they have little control over the outcome.

Child Support and Child Custody In a Divorce

When a divorcing couple has minor children, the question of childcare is a major decision. 20.3% of the population in Orange County is under the age of 18.

The most critical factor in these decisions is ensuring that the children continue living in the most supportive, safe, and productive environment. The child’s best interests are the priority for the family law courts in Orange County. This reflects the fact that the children’s welfare will be prioritized over the parents’ preferences.

When it comes to child custody, two aspects must be considered: child custody and child support. They are dealt with separately.

Child Custody in California

In Orange County, custody is viewed in terms of physical custody and legal custody.

Physical custody means that a parent has a child who stays with them, while legal custody means that they oversee the legal decisions relating to the child, such as healthcare, education, religion, and others.

According to family law, custody can be either sole or joint. With joint custody, each parent or guardian shares the responsibility of physical or legal custody of the children or both.

  • Joint physical custody means that the parents can come to a relatively equal agreement about where the child’s primary residence will be and how time between each household will be divided. If the parents live in the same geographical area and there is no disruption regarding the child’s access to their school, sports, and other activities, they may agree to a 50/50 split. In other family law cases, there may be weekend visitations and vacation sharing; this is considered sole physical custody to one parent with a right of visitation.
  • Joint legal custody means that both parents have a say in the child’s healthcare, education, religion, and other important issues. This requires collaboration between the parents, so ideally, there is a degree of cooperation between the divorcing couple to make this process as smooth as possible for the child.

If a parent has sole physical and legal custody of a child, it means that they are in full control of the child. In some family law cases, a parent may have joint legal and sole physical custody, as the two are separate issues.

The outcome of child custody decisions will lead to a formal parenting plan. In such a plan, it is determined how much time the child will spend with each parent. It is highly encouraged for parents to create this plan independently of the court through arbitration or mediation. When parents can agree on a parenting plan that meets their needs for their child together, they avoid unnecessary contention that can impact the child.

Determining the Best Interests of the Child

In many divorce cases, the parents cannot agree on the parenting plan for their children. In this situation, the court must determine the best interests of the child and how child custody will be established moving forward. Even when parents can agree on a parenting plan, the court must still assess the plan to ensure it meets the child’s best interests. To reach a decision, many factors are considered, such as:

  • The child’s safety, health, and well-being.
  • How long a child has lived in a stable environment that meets their needs, including the child’s connection with their school, home, and community.
  • The age of the child.
  • The geographical location of the parents’ homes.
  • The moral fitness of each parent.
  • The physical and mental health of both parents.
  • The connection between each parent and their child.
  • Whether the parent has a demonstrated ability to provide the children with a consistent routine and care for the child.
  • Whether or not the parents can communicate with each other.
  • Any knowledge of the existence of domestic violence in the household.
  • Known substance abuse by either parent.
  • Depending on the age of the children, they may be allowed to express an opinion on their preference.

You might be able to communicate with your spouse well enough to establish the child custody plan for your children. Otherwise, you may be facing the prospect of having the court decide for you.

Child Support in California

It is common in many marriages for one parent to be the primary source of income. Additionally, when one spouse has primary care of the children, they also shoulder more of the costs. This means that after a legal separation and divorce in Orange County, one spouse will experience a change in their financial stability.

Child support payments ensure that no matter which parent has custody, each parent is responsible for the child’s financial support based on their earning ability. Child support payments in the U.S. supported 12.2 million children in 2024. If you have questions regarding this subject, ask your divorce attorney to clarify them and explain how your financial situation will impact the divorce. The amount of child support is determined by several factors, such as:

  • The number of children
  • The combined income of the parents
  • The cost of daycare
  • Health insurance requirements for the children
  • How many nights will the children spend with each parent according to the parenting program
  • In cases where it is a reasonable possibility, parents may also have to provide medical and dental insurance

Either parent could be paying child support payments, depending on these factors. Child support cases are especially complicated when either party has significant income, and the child is used to a high standard of living.

Enforcing Child Support

If the spouse who is supposed to make the required child support payments fails to do so, several options exist to enforce payment. While it can be helpful to discuss the situation with your co-parent, not all cases can be resolved this way. Enforcing the order can be essential when providing for your child’s needs.

The court may hold the parent in question in contempt, suspend their driver’s license, place a lien on their property, or issue an order to have their bank account seized.

Child support payments have no statute of limitations on enforcement. This means that enforcing the payments may be allowed to continue even if the child is no longer a minor.

It’s important to hire a divorce lawyer if you are not receiving child support payments or if you must make payments, but your financial situation has changed. Your lawyer will help determine which options are available to you.

Spousal Support in California

Spousal support is another type of payment made from one spouse to the other, but it is much different than child support. As in the case of child support, spousal support is meant to ensure that the less financially stable spouse has the support they need as they transition from married life to single, independent life.

In Orange County, family law courts generally place term limits on spousal support payments. These payments are not punishments for a spouse but are meant to ensure that the dependent partner can transition out of their marriage smoothly.

Your Orange County divorce lawyers will explain how spousal support will be determined in your case and what impact it will have on your financial situation.

Is Spousal Support Always an Option?

Not all divorce decrees include spousal support. It is up to the spouse who requests it to show the judge that it is necessary. Also, the spouse who would be paying spousal support must have the ability to do so. The requesting spouse may show that they will be unable to maintain their previous standard of living with their income alone, even when considering the distribution of the marital assets.

Factors Considered When Determining Spousal Support Payments

If the judge decides to go ahead and authorize spousal support payments, they will consider any or all of the following factors:

  • The standard of living the couple enjoyed while they were still married
  • The tax consequences for both parties
  • How long does the marriage last
  • Whether there was adultery
  • The age and emotional situation of the parties
  • The financial resources of each party
  • The earning capacity, employability, and vocational skills of the parties
  • What each party contributed to the marriage, as far as financial support
  • What will each parent’s responsibilities towards the children be
  • All sources of income are available

Different Types of Spousal Support

Several types of spousal support are available to serve different purposes. The terms of each one may vary, and they include:

  • Temporary spousal support. Paid to one spouse by the other while the divorce is not yet finalized.
  • Rehabilitative spousal support. Paid to a spouse only until they can support themselves.
  • Permanent spousal support. This type of spousal support continues indefinitely.
  • Reimbursement spousal support. The purpose of this spousal support is to reimburse one spouse for the expenses incurred by the other, perhaps when they must pay tuition or attend a training program.
  • Lump-sum spousal support. Generally ordered by the judge in lieu of a property settlement.

Enforcing Spousal Support

Enforcing spousal support payments can be difficult. Unlike child support, which can be enforced through wage garnishment or other law enforcement means, spousal support requires one spouse to take the other to court in a contempt proceeding.

If you are experiencing issues with spousal support, working with an experienced divorce attorney can make all the difference.

High-Net-Worth and Business Ownership

If your divorce involves a large amount of assets or you own a business, there are several factors that need to be considered prior to the finalization of the divorce. In some cases, a prenuptial agreement may be in place that dictates how these assets are to be divided. In other cases, it may need to be determined what assets were obtained during the marriage and which were brought into the marriage.

The determination of when the assets were obtained or when the business was established becomes the foundation for defining marital assets. Marital assets are subject to California asset division laws. If, however, the assets were acquired prior to the marriage, then those may not be subject to division.

Orange County Divorce Lawyer

Many factors go into a California divorce or legal separation, each of which the family law attorneys at The Goldberg Legal Group will be honored to help you work through to have the optimal chance for a favorable outcome to your Orange County divorce. We offer personalized and communicative legal representation at each step of the divorce process and can help with issues after the process is finalized.

We aim to help you reach a solution out of court, when possible, but are willing to take the case to court when it is in your interests. Contact our family law attorney in Irvine or Orange County today to discuss your situation in an initial confidential consultation with our law firm.

Orange County, CA Divorce Resources

Divorce Practice Areas

Our divorce lawyers in Orange County offer services for legal issues involved: