Orange County Divorce Planning Lawyer
Ending a marriage is never an easy decision to make. Filing for divorce can be a complicated and time-consuming procedure, especially if you are not aware of all the specificities of California law. This is when having an experienced Orange County divorce planning lawyer on your side can help.
The Goldberg Legal Group has been navigating the California judicial system for more than 18 years. Our Orange County family law firm concentrates on divorce proceedings, and our skilled attorneys are able to help you through this high-stress time in your life. We are aware that divorce issues require careful planning and attention to detail. We aim to provide high-quality divorce planning for our clients in Southern California.
If you are looking for some pre-divorce legal advice and are planning to file for divorce, then there are many things that you need to know. The Goldberg Legal Group will help you to plan and will let you know the most important things to consider before starting to file for your divorce.
How Can a Divorce Lawyer Help Me to Plan For My Divorce?
A divorce in California is the legal termination of marriage by a court in a judicial proceeding and requires the filing of a Petition for Dissolution by one party. State law governs divorces, so the petitioning party can only file in the state in which he/she has been a resident for a certain period of time – which is six months in California and three months in the county.
But, before filing for divorce in California, there are a few steps that you should take, including:
- Choosing the right divorce attorney: the most important step in planning your divorce. A divorce lawyer should have your best interest in mind and will guide you throughout the divorce procedure. Hiring the wrong attorney can have devastating consequences – particularly emotional and financial. When possible, you should seek attorney involvement early in the planning stages before filing for divorce. Contact our skilled Orange County divorce lawyers today.
- Protecting yourself before and during the divorce: a few simple rules will help you to protect yourself, your children and your finances at the start of a divorce. Things that should be considered include: not moving out if you have kids, demanding joint legal custody, canceling joint credit cards, liquidating bank accounts, selling additional properties, securing valuable personal property, and much more. A divorce attorney can assist you in making the best choices to protect yourself before filing for divorce.
- Learning about the different divorce approaches: litigation, collaboration or mediation are several options for reaching a resolution in your California divorce. In a mediation procedure, parties are willing to work together with one expert. A collaborative divorce means that the parties want to work together, but they still need help from their attorneys and other experts from different related fields during the process. Finally, litigation is required in cases where the parties cannot reach an agreement together. In such cases, the judge will have the final say on all decisions.
Legal Considerations of Divorce
Navigating the legal intricacies of divorce requires careful consideration and guidance from a skilled attorney.
These complexities can include:
- Filing for divorce: In California, you do not need to prove fault to obtain a divorce. You can file for divorce based on irreconcilable differences. While rare, there are grounds for divorce due to permanent legal incapacity to make decisions. This requires medical or psychiatric testimony that the spouse lacked the legal capacity to make decisions at the time of the filing and still lacks the capacity.
- Property division: Property acquired during a marriage is generally considered community property and is typically divided equally between the spouses upon divorce. There are exclusions to this, such as separate property owned before marriage and gifts or inheritance given to one spouse. An attorney can ensure a fair distribution of assets.
- Spousal support: Eligibility for spousal support depends on various factors, including the duration of the marriage, the financial circumstances of both spouses, and their contributions to the household.
- Child custody and support: When children are involved in a divorce, their well-being is the top priority. Your attorney can help you create a parenting plan that outlines custody arrangements, visitation schedules, and child support obligations with your child’s best interests considered.
FAQs
Q: What Is the First Step in Planning a Divorce in Orange County?
A: The first step in planning a divorce in Orange County is to evaluate your situation and decide whether divorce is the right choice. If the divorce has already been decided, either you or your spouse must meet state and county residency requirements for the California county where you intend to file.
Q: How Long Does It Take to Finalize a Divorce in Orange County?
A: In Orange County, the minimum time to finalize a divorce is six months. This is due to the mandatory waiting period as required by state law. A divorce can take longer if it is contested, has complex aspects, or the court system is backlogged. An attorney can provide a more accurate timeline based on your circumstances.
Q: Will I Need to Go to Court During My Divorce?
A: Even if your divorce is uncontested, there are usually court appearances you will be required to attend to finalize the process. Usually, this includes an initial hearing, a mandatory settlement conference if you and your spouse cannot agree on the terms of your divorce, and the final court hearing. If your divorce is complex and involves contested issues, there may be additional hearings.
Q: What Is a Legal Separation, and How Is it Different From Divorce?
A: A legal separation is a court order that allows a married couple to legally. It is often a precursor to divorce, allowing couples to address issues such as property division, child custody, and spousal support without immediately going into divorce proceedings. The couple is still legally married, which allows for potential reconciliation.
Divorce Planning Attorneys in Orange County
If you or someone you know is planning on filing for divorce in California, then the first step is to hire an experienced and skilled divorce and family law lawyer in Orange County. The Goldberg Legal Group has the experience in divorce cases. Our attorneys will be there to guide you during this complicated process. We always have the best interests of our clients at heart and will work hard to provide you with efficient and high-quality representation. Your divorce is unique, and there is no one right way to approach it. Contact us and fully prepare yourself for the divorce process and all it entails.
Call us now for a free consultation!
The Goldberg Legal Group
Tel: 949-229-0229
7545 Irvine Center Drive Suite 200
Irvine, CA 92618
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