Divorce Attorney Irvine
The Goldberg Legal Group has the experience you are looking for when you need a divorce attorney to guide you through the complicated and sensitive process. In all divorce cases, we provide our clients with caring and comprehensive legal representation when they must face the realities of divorce and understand how their lives will develop going forward.
We will always have your best interests and protect your rights because we understand that the entire divorce proceeding can be a traumatic, stressful, and difficult life event. We are committed to providing you with the legal services you need.
Call our Irvine family law attorneys to set up an initial consultation to discuss your case and help you understand the best way to proceed.
Grounds for Divorce in Irvine
If you are looking to get a divorce or a legal separation in Irvine, California, you can file for it based on these grounds:
- Irreconcilable differences that have resulted in the breakdown of the marriage
- Permanent legal incapacity to make decisions. If you want to take this route, you must show proof that your spouse lacks the legal capacity to make decisions when the petition is filed. Proof must come in the form of testimony from a psychiatrist or medical professional.
Steps Needed to File for Divorce
Your Irvine divorce lawyers will guide you through the steps needed to obtain a divorce which may include:
- Establishing residency requirements in the state of California.
- Presenting the grounds to end the marriage.
- Filing the divorce papers and having them served on your spouse.
If your spouse disagrees with the divorce papers, they will have an opportunity to file a response to dissolution papers explaining their areas of disagreement. This is also known as a contested divorce. When this happens, you may have to attend one or more court hearings to resolve each family law issue on which you disagree.
If a certain time has passed without a response to the dissolution, you may be able to proceed by a default judgment since the matter is an uncontested divorce. Your lawyer will explain the timelines and waiting period to see if there is a filed answer from your spouse before you can continue to proceed with the divorce.
When there is property to be divided, or if one party will end up needing financial support, these items will have to be worked out in an out-of-court settlement or during several family law court hearings.
When children are involved, custody and child support will also be considered part of the divorce.
Alimony or spousal support is financial support paid by one spouse to the other according to family law. It is not a punishment to one party but rather a way for the spouse that has a lower income to take a reasonable period to become self-supporting. This time period is a family law matter related to the length of the marriage.
In general, marriages that lasted less than ten years are considered short-term marriages and would qualify for alimony for approximately half the length of the marriage or less. A marriage of over ten years would qualify for at least half the length of the marriage or more. The indications of the amount of time may be flexible to each particular case. However, the judge will have the final say on the length of time and may decide to support either a shorter or longer period for spousal support.
Factors to Consider for Alimony Awards
There are several factors a judge will consider when granting alimony awards. These include:
- The earning capacity of the spouses – They will look at your marketable skills, the job market that exists for your job skills, whether you would require training to develop new skills, and the present and future earning capacity of each party.
- The judge will look at whether each of you can maintain the marital standard of living that you enjoyed while married and determine the needs of each party.
- Whether one party contributed to the training and education of the other.
- Whether the higher-earning spouse can pay alimony.
- The length of the marriage.
- The age and health of each spouse.
- Any tax consequences.
- Whether there was a history of domestic violence.
- Whether the person requesting alimony has ever been convicted or charged with a misdemeanor for domestic violence.
- Any other family law factors that the judge considers material and just.
When you are going through a divorce or legal separation in Irvine, CA, one of the most challenging parts of family law matters is the subject of your children, including how and where they will live. Our family law attorneys at the Goldberg Legal Group understand family law matters. We know how difficult this time is for the children and the effects custody will have on their future. Your divorce attorney has the family law skills you need to help you fight for your child custody rights.
Physical and Legal Custody
Child custody is a family law matter based on the child’s best interests. It considers both physical and legal custody, which covers two different aspects of the child’s life. In legal custody, the parent is allowed to make decisions regarding the children’s discipline, education, medical care, and religion. Physical custody refers to the actual location where the child will reside.
Defining the Best Interest of the Child
There are cases where the court must intervene to formulate a parenting plan for a divorcing couple if they cannot come to an agreement. The court bases the decision on the best interest of the child. That is formed by many factors, including but not limited to:
- How long the child has lived in a stable environment.
- Where the parents’ homes are located.
- The state of the child(ren)’s mental and physical health.
- Which parent is more likely to provide a stable and consistent routine for the children.
- How well the parents can communicate between themselves.
- Whether there is any history of domestic violence or abuse.
- If there is any substance or alcohol abuse by either parent.
- If the children are old enough to express an opinion, they are allowed to do so as well.
Our team of family law attorneys is experienced in dealing with various issues you may also be dealing with at this time. If you have high-value assets that will need to be divided, or you have some debt that also needs to be split, need to understand the tax concerns of your divorce, or are faced with a contested divorce with children, no issue is too large or small for us. Get that heavy load off your shoulders and schedule a consultation with our lawyers today.
Work With an Experienced Divorce Attorney
Facing the prospect of a divorce means also facing a different future. You may have many questions about how the divorce will proceed, and you need someone you can trust during this period of turmoil.
At the Goldberg Law Group, we have the proven skills and zeal to offer you the most competent legal representation to protect you, your interests regarding your financial position, and the best living situation for your children. We have the experience with complicated divorces and post-divorce matters you need. Call us today for a consultation.
Irvine Neighborhoods We Serve
- El Camino Real (92604)
- Irvine (92618)
- Northwood Pointe (92620)
- Rancho San Joaquin (92612)
- UC Irvine (92617)
- Irvine (92606)
- Irvine Business Complex (92614)
- Orchard Hills (92602)
- Shady Canyon (92603)
Divorce Practice Areas