Costa Mesa Family Law Attorney

Nobody gets married expecting a divorce or has kids expecting future custody disagreements. Unfortunately, these things happen. The Goldberg Legal Group is committed to providing personalized legal support that works with your unique circumstances. Our team of skilled Costa Mesa family lawyers is dedicated to protecting your rights and achieving the most positive outcome for you and your family.

Our legal team is experienced in negotiation, mediation, and litigation. We can guide you through every stage of your case and adjust our approach to secure a favorable resolution for your family law issues.

Family Law Attorney In Costa Mesa

Divorce Cases

Divorce is the legal process of ending a marriage. In California, it is formally known as the dissolution of a marriage. The state is a community property state, which means most marital assets and debts are divided equally unless they are designated as separate property. Separate property is any property acquired before marriage or after legal separation. Inheritances and gifts given to one spouse at any point are also separate property.

The state recognizes a few different types of divorce because every situation is different. The main types of divorce are:

No-Fault Divorce

California is a no-fault divorce state, which means as long as one person wants a divorce, the court will grant it and they do not need a reason for why the marriage failed. They only need to state there were irreconcilable differences.

Uncontested Divorce

An uncontested divorce is one where both spouses agree on the divorce terms and can file a joint petition for the dissolution of their marriage. This simplifies the process and reduces the timeline and costs. Not all couples are eligible for an uncontested divorce due to income limits and if they have complex property and custody issues.

Contested Divorce

A contested divorce is one where there is a disagreement between the spouses and they are not able to resolve it without help. Oftentimes, a contested divorce needs to be settled through a court trial where a judge will ultimately decide on the disputed issues.

Collaborative Divorce

A collaborative divorce is when both spouses and their lawyers collaborate to reach a fair agreement that both sides are happy with. If this can’t be achieved, the collaborative process is ended and another method of divorce is attempted.

Mediated Divorce

A mediated divorce occurs when a neutral third party helps the couple resolve divorce issues privately. This helps reduce stress, encourages the couple to make decisions together, and saves time and money that traditional court litigation comes with.

Same-Sex Divorce

Same-sex couples have the same marriage rights as heterosexual couples, but same-sex divorces can come with different challenges. If there are children involved, child custody might become more difficult if they are not biologically related to both parents or if there was a domestic partnership before their marriage became legal. Property division might also be difficult.

Child Custody Cases

Child custody is often one of the most complex family law matters. In California, child custody is divided into two categories: legal custody and physical custody. Legal custody is the right of a parent to make decisions about the child’s upbringing, such as where they will go to school. Legal custody can be sole or joint, meaning either one parent makes all the decisions or both parents have an equal say in decisions.

Physical custody is where the child primarily resides. This can be granted as sole or joint custody as well. Sole physical custody designates one parent as the primary caregiver, while joint physical custody involves splitting parenting time between both parents.

Child Support Cases

Child support is a recurring payment made by one parent to the other to support their children financially. Usually, the non-custodial parent is responsible for making these payments to the custodial parent.

The amount of child support owed is determined using a formula known as “income share.” This formula considers the combined income of both parents and the estimated cost of raising the children. The non-custodial or higher-earning parent is then obligated to contribute a proportional share of their income toward child support.

Child support orders can be modified if there is a significant change in circumstances with the parent’s income, custody arrangements, new family members, or unforeseen events like disability, incarceration, or military deployment.

California courts focus on the best interests of the child when making decisions on child custody and support. This means weighing factors like the child’s health, age, community ties, and their existing relationships with both parents.

Spousal Support Cases

Spousal support, also called alimony, is a form of financial support one spouse receives from the other. In California, spousal support can be temporary or permanent.

Temporary Spousal Support

Temporary spousal support is financial support awarded during the divorce or legal separation proceedings. It is meant to bridge any financial disparities and help the receiving spouse maintain a reasonable standard of living.

Permanent Spousal Support

Once the divorce is finalized, the court will determine whether permanent spousal support is necessary. The judge will consider:

  • The length of the marriage
  • The couple’s standard of living
  • Income, assets, and liabilities of both spouses
  • Each spouse’s contributions to the marriage
  • Employment and education history
  • Age of each party
  • Health and medical needs
  • Whether there was domestic violence during the marriage

If the marriage was short-term, lasting less than 10 years, the general rule of thumb is that permanent spousal support should last for half the length of the marriage. This means if the marriage was 6 years long, there could be 3 years of spousal support ordered. On the other hand, if the marriage was longer than 10 years, the spousal support could last a lifetime.

Similar to child support, permanent spousal support can be modified if significant changes occur in either spouse’s circumstances.

Domestic Violence

California defines domestic violence as any form of abuse against family, dating partners, children, or housemates. This can include physical, sexual, emotional, psychological, and economic abuse.

Domestic violence can impact other family law issues as well. Courts may not grant an alleged abuser child custody or visitation because it is not seen as in the best interests of the child. It could also impact how property is divided in a divorce or how much spousal support is ordered.

A family law attorney can provide support for domestic violence victims by:

  • Helping file for a Domestic Violence Restraining Order (DVRO) or emergency protective orders.
  • Advocating for their child’s safety and well-being during custody and visitation decisions.
  • Advocating for fair spousal support.
  • Helping them understand their rights to property division and fair compensation, especially if there was economic abuse.
  • Connecting them to victims’ resources.

Paternity

Establishing paternity needs to be done before child support, custody, and visitation issues can be handled. If the parents are not married or the father’s name is not on the birth certificate, the couple can sign a voluntary declaration of paternity.

If a father is refusing to acknowledge paternity, the mother can go to the court for a genetic testing order. The father can also dispute paternity.

If you are looking to establish paternity or contest paternity, a family law attorney can assist in obtaining evidence to present in family court.

You Don’t Need to Navigate Family Law Alone

Family law is often difficult, and it can be emotionally draining to work through these issues. This, along with the legal process, can make the experience much more challenging. You don’t need to handle your family law issues alone. At The Goldberg Legal Group, we are dedicated to providing clear guidance and compassionate understanding while helping clients move forward with their lives.

Costa Mesa Family Law FAQs

Q: How Long Does a Divorce Take in California?

A: Since California has a mandatory waiting period, the minimum time a divorce will take in the state is six months. Many divorces take longer, especially if they are contested. It all depends on how complex the divorce issues are, how well the couple cooperates, potential court backlogs, and the effectiveness of the legal representation.

Q: How Is Child Custody Determined?

A: Child custody is determined based on the best interests of the child. The court will consider the child’s age and health, their relationship with their parents, their community and school ties, each parent’s ability to care for the child, any history of domestic violence or substance abuse, and the child’s preferences if they are old enough.

Q: Can I Have a Custody or Support Order Modified?

A: Yes, you can have a custody or support order modified, but only if there has been a significant change in circumstances, such as the child’s needs changed, job loss, relocation, the current custody arrangement no longer working, or the birth of a new child. Even if you request a modification, it is ultimately up to the court to decide, and they will do what is in the child’s best interest.

Q: Why Do You Need a Family Lawyer in Costa Mesa, CA?

A: California has unique family laws that family law attorneys thoroughly understand and are equipped to navigate. When facing complex family law issues like property division, child custody, or divorce, having an experienced attorney by your side can make a difference. Unfavorable family law decisions can mean losing custody of your child or losing out on marital assets in Costa Mesa, CA.

Get Support From an Experienced Costa Mesa Family Law Attorney

We understand that family law matters are sometimes highly emotional and contentious. Our attorneys are committed to providing strong representation while prioritizing you and your family’s interests and minimizing unnecessary conflicts.

Whether your case requires negotiation, mediation, or litigation, The Goldberg Legal Group is committed to helping Costa Mesa families through complex issues with a customized approach. Contact us today for a consultation.