Divorce Attorney Newport Beach CA
Going through a divorce is a stressful process regardless of whether you and your soon-to-be ex-spouse have decided to work together for an uncontested divorce, or if you will need to rely on the courts to make certain decisions for you in a contested divorce. The simple fact remains, regardless of your willingness to work together, that divorces are complicated, and will require a lot of negotiation on both sides. The team at The Goldberg Legal Group is here to help you through this process, regardless of the specific circumstances of your marriage and the issues that must be resolved in order to have your divorce finalized by the California courts.
Read more below to get a general idea of some of the most important issues that you will need to reach a resolution on, or leave to the courts to decide, in order to finalize your divorce and move forward with your life. There are a few different ways that you can choose from when deciding how to approach your divorce, which we will also discuss below briefly.
In order to get a specific understanding of how we can help you through your divorce, contact us now for a free initial consultation. Working with a divorce attorney in Newport Beach is one of the best steps that you can take to ensure that you are able to find a path forward for your divorce that is fair for everyone involved.
Contested vs. Uncontested Divorce in California
An uncontested divorce can occur when the couple has reached agreements on all of the key issues for finalizing their divorce (which will be discussed in the following section). This can be achieved through a few different ways, most popularly by mediation or collaboration. In mediation, you and your spouse will work with a third-party mediator who will help you to reach an agreement on each issue. The other option is a collaborative divorce, where you and your spouse will each work alongside your attorneys to reach agreements on these issues.
There are pros and cons to both mediated and collaborative divorces, which we will be happy to discuss with you in greater detail during your initial consultation. Deciding which option to choose from depends on many factors that we will need to explore with you.
If you and your spouse are unable or unwilling to work together to reach agreements on some, or all, of the requirements of your divorce, then the option that may make the most sense is a contested divorce. In this type of a divorce, you will rely on the courts, and the final decision of a judge, to determine how your assets will be divided, how custody will work, and all other issues.
Navigating the negotiations of an uncontested divorce can be overwhelming, but a contested divorce has many drawbacks as well. When you rely on the courts to rule on your divorce, you are relinquishing control over your assets and your life when the decision is made, which many people are very uncomfortable with. We will work together to understand the specifics of your situation in order to determine the most appropriate course of action for your unique circumstances.
Key Factors In a Divorce
Every marriage has a variety of unique circumstances that will need to be addressed in order to have your divorce approved by the courts, but the following are some of the most common general topics that must be decided.
Division of Assets, Debts, and Properties
In the likely scenario that you and your spouse have accumulated community property, you will need to divide all eligible debts and assets appropriately before your divorce is finalized. The first step in the division of assets is to identify what is considered community property and what is considered separate property.
Custody and Time-Sharing
Child custody includes both physical custody and the right to make legal decisions for the child. Custody is decided in the courts by considering the welfare of the children involved over anything else, and even if you and your spouse are able to reach an agreement independent of the courts, a judge will need to review and approve your parenting plan. In addition to custody issues, you will need to come to an agreement about the schedules that each parent will be able to rely on in terms of when they will be able to see the child.
In addition to custody, another major factor to consider when there are children of the divorce is how each parent will contribute financially. Typically, the parent with a higher income will pay support to the other parent, but the final determination depends on a range of factors, including who has the majority of custody, the income of each parent, and more.
Alimony is another form of financial support for the spouse who was financially-dependent in the marriage so that they can adjust to the change in their financial security as they move forward with their lives. It is increasingly common for marriages to have prenuptial agreements in place, but even so, a judge will need to review and approve any agreements, either existing or newly proposed.
Divorce Attorneys in Newport Beach, CA
With years of experience and hundreds of cases under our belts, the attorneys at The Goldberg Legal Group assist clients in the Newport Beach area with all of their family law needs. Call today to schedule an initial consultation.