Divorce Attorney in Santa Ana, CA

The divorce process is challenging, regardless of who initiated it and whether it is contested. A Santa Ana divorce lawyer can help walk you through the process so you can make informed decisions for yourself and your family. When children are involved, it helps to have a Santa Ana family lawyer who understands how difficult the divorce process can be for every family member.

Hire a Divorce Lawyer

When it comes to divorce, you should never settle for just any divorce lawyer. When you hire a divorce lawyer, you want someone who understands California divorce laws and how they affect the unique circumstances of your divorce. No two divorces are exactly the same. At The Goldberg Legal Group, our team has over 18 years of experience helping California families navigate the complexities of the divorce process.

Family Structure in Orange County

Orange County is home to over 3 million residents, making up over 1 million households. Of those households, 64% are run by a married couple, with an additional 14% female householders and 8% male householders. Of the current population:

• 39% of men and 33% of women have never married
• 53% of men and 49% of women are currently married
• 7% of men and 11% of women are divorced

Residents of Santa Ana and much of Orange County can file for divorce at the Lamoreaux Justice Center located in Orange. The Lamoreaux Justice Center is considered the main hub for all family matters within Orange County. The Central Justice Center, located in Santa Ana, does not usually handle family law cases.

Types of Divorce in California

Divorce can look very different from one couple to the next, but when it comes to filing for divorce, there are only a few options available. The divorce process can fall into several categories, depending on the couple’s unique circumstances. The different types of divorce include:

• Uncontested divorce. When both parties agree that a divorce should occur and how debts and assets should be divided, the divorce is considered uncontested. This can be more difficult if children are involved or when there is a large power imbalance between the spouses. It can be helpful to have a divorce attorney review any agreements for fairness.
• Contested divorce. When both parties are unable to agree that the divorce should occur or on how debts and assets should be divided, the divorce is considered contested. If one spouse refuses to cooperate, the divorce can still move forward, but it becomes more difficult. Likewise, if each spouse can’t agree on how marital assets should be divided, they may have to seek mediation or allow a judge to make the determination.
• Simplified divorce. Also referred to as a summary dissolution, California allows this type of divorce when the total marital assets and debts are low, there are no minor children involved, and both spouses agree on how to divide the marital property. This can be a more cost-effective method of ending a marriage if you qualify. An experienced divorce attorney can review your situation and advise whether this is a good alternative to the standard method.
• Legal separation. While not technically a divorce, some couples can achieve their specific goals through a legal separation without the waiting period or hassle of getting a traditional divorce. Couples can retain the benefits of marriage while legally being allowed to live apart. The court can also assist with child custody and support matters, as well as the division of property.

Regardless of the circumstances of your divorce, each method can benefit from the experience of a divorce attorney. Once the divorce has been finalized, you may not be able to negotiate for certain property or assets. It is wise to have an attorney review any documents before they are signed to make sure your rights are not being violated and that you receive a fair deal. You may think your spouse wouldn’t offer a disadvantageous deal, but that is not always the case.

The Role Fault Plays in Divorce

California is strictly a no-fault divorce state, with nearly every divorce being treated as irreconcilable differences. However, there are situations when divorce fault can impact the proceedings. For instance:

• When arranging child custody and support, if there is a history of domestic violence, child abuse, or substance abuse, the court considers these circumstances when determining the placement of the child.
• Marital property is divided equally between spouses during a divorce, but if a judge is presented with evidence of financial misconduct or the breach of fiduciary duty, they may choose to award a larger share of the marital assets to compensate for those actions.
• Spousal support can also be affected. No actions automatically forfeit spousal support, except for domestic violence. The spouse guilty of engaging in domestic violence is barred from seeking spousal support.
• Sanctions. When one spouse conducts themselves egregiously during the divorce process, the court may issue sanctions against them. The offending party may be required to pay their spouse’s attorney fees as punishment. Behaviors such as intentional delays or frivolous motions, non-compliance with court orders, and the failure to properly disclose financial information can lead to these sanctions.

Spousal Support

The goal of spousal support is to allow the less financially secure spouse to maintain a lifestyle similar to the one they grew accustomed to during their marriage. A spousal support order is not guaranteed and can be awarded to either spouse regardless of gender. Spousal support falls into one of two categories:

1. Short-term. Depending on the circumstances of the marriage, short-term spousal support may be ordered to allow the less financially secure spouse to pursue further education or job training, or to secure employment that would allow them to support themselves.
2. Long-term. When the marriage lasts a long time, or there are circumstances that would make it difficult for the less financially secure spouse to improve their earning potential, spousal support may be ordered long-term or indefinitely. If support is ordered indefinitely, the court still allows for periodic reviews of circumstances.

Spousal support is not guaranteed in any divorce. Instead, the court reviews numerous factors to determine if spousal support should be awarded, and for how long. The factors considered include:

• The length of the marriage
• The standard of living during the marriage
• Earning capacity of both spouses
• Non-financial contributions to the marriage
• Health and age of both spouses
• If there is a history of domestic violence
• Ability of the more financially stable spouse to pay support
• Career sacrifices made by either spouse
• Financial status of the spouse seeking support and their ability to support themselves

FAQs

Q: How Long Is the Divorce Process in California?

A: The divorce process in California varies with the specifics of your divorce. An uncontested divorce typically takes less time than a contested divorce. A divorce without any shared children is usually quicker than one involving child custody arrangements. Regardless of the circumstances, the minimum length of a divorce is six months and one day, due to California’s six-month waiting period before a judgment of dissolution can be finalized.

Q: Why Is Moving Out the Biggest Mistake in a Divorce?

A: There are several reasons why it is a mistake to move out of the marital home during a divorce. The judge can rule that both spouses should maintain the status quo, which means you could lose rights to the home. It also puts you at a disadvantage when negotiating for child custody, as you appear less involved and have made yourself the non-custodial parent. Leaving the home could also be interpreted as abandonment.

Q: What Is the Five-Year Rule in California for Divorce?

A: The five-year rule is a requirement when seeking a summary dissolution to end a marriage. If you have been married for less than five years, then you may qualify. You also have to have no minor children together and meet asset and debt requirements. You may also have to waive your right to seek spousal support and agree on how assets and debts are to be divided. This can be a quicker option for couples who meet the requirements.

Q: What Is Each Spouse Entitled to in a Divorce in California?

A: California is a community property state, which influences what each spouse is entitled to receive during a divorce. All assets and debts acquired during the marriage are split equally between both spouses. Property considered separate, and thus not split, includes assets owned before the marriage started, gifts received by only one spouse, and inheritances.

Pre- and postnuptial agreements can alter how assets are divided. When separate and marital property is commingled, it can also affect how assets are divided.

Contact The Goldberg Legal Group

When choosing a Santa Ana divorce attorney to represent your interests, you need someone who can be fierce in the courtroom but compassionate and understanding to the uniquely emotional aspects of divorce and family law. It takes empathy and dedication to handle sensitive family matters. If you are facing the reality of a pending divorce, contact The Goldberg Legal Group to schedule your initial consultation today.