Orange County Family Lawyer

Orange County Family Attorney

Relationships and family matters are deeply personal, often making them difficult to work through in a legal capacity. An adept Orange County family lawyer can guide you through whatever family law issues you may need help with. Whether you’re considering drafting a marital agreement, about to begin divorce proceedings, or need help enforcing a child custody order—a family lawyer can be there to provide counsel and moral support and speak on your behalf.

The qualified team of legal professionals at Engels-Janzen has years of experience assisting clients and their families through various law issues. Our family attorneys are prepared to help you every step of the way, no matter how simple, contentious, or complicated your situation may seem. We have successfully represented clients through sensitive circumstances, including instances of domestic violence, highly contested divorces, and child custody concerns.

What Legal Issues Are Covered by Family Law in CA?

These are some common areas of family law that our law firm handles regularly and can represent you during:

• Marriage dissolution: Marriage dissolution, also known as divorce and legal separation, are among the most common family law matters that clients need help with. Divorce and legal separation must address various issues before the process can be complete, including the division of marital property and whether there will be spousal support.Some couples may want to try settling their divorce or separation outside of court through methods such as mediation, collaborative divorce, or arbitration. If a divorce is particularly contentious or there are concerns such as domestic abuse or one spouse intimidating the other, the proceedings will likely need to be handled in a courtroom setting.
• Child support court orders: When spouses or co-parents decide to go their separate ways, considerations must be made regarding their child or children. The matter of child support must be determined, which is financial support provided to one parent from the other that goes towards taking care of the child’s needs.
• Child custody and visitation: When a child’s parents no longer live together, a custody agreement must be reached. A child custody agreement is an enforceable court order that must be followed by both parents, and any changes must be approved by the family court.Custody orders include which parent the child will primarily reside with (physical custody), whether the parents will have joint legal custody of their child(ren), and the terms of their parenting plan or visitation. The goal of determining child custody is to find an arrangement that works for all parties, but the well-being and interests of the child are of the utmost importance.
• Spousal support: During divorce proceedings, one spouse may request to receive spousal support, or alimony, payments from their partner. Alimony is not a required part of divorce or legal separation, but the court may order one spouse to pay the other spousal support if there is a significant gap in the parties’ resources or income.Spousal support may be temporary or long-term, depending on various factors. The goal is to help the lower-earning spouse reach stability and become self-supporting.
• Domestic violence: Family law also encompasses cases of domestic violence, which should be treated seriously and compassionately. An experienced and qualified family lawyer can help you navigate the legal procedures needed to issue a restraining or protective order.A family law attorney can also help you if you’ve been the victim of false accusations of domestic violence, which can accompany adverse consequences such as losing access to one’s children or home.
• Prenuptial agreements: Prenuptials are marital agreements some couples may opt to draft and implement prior to their marriage. A prenuptial agreement can outline each party’s rights and responsibilities within the marriage and designate which property is separate or shared between them (community property) in the event of a divorce or separation.Prenuptial agreements can address how divorce proceedings are to go if the spouses do separate, which can be beneficial for many couples by saving them time, lengthy litigation, and costs.

Types of Divorce and Approaches to Resolution

Each divorce will be different, according to the spouse’s needs and circumstances. Consulting with an experienced family lawyer can help you determine what your legal options are and what approach may be most advantageous to your situation. Divorces generally tend to be either contested or uncontested.

Uncontested means both parties are in relative agreement about the divorce and how the related issues should be handled. A contested divorce is when at least one spouse is in disagreement about how one or more aspects of the divorce should proceed or may not agree to the idea of getting a divorce at all. In California, it’s not required for both spouses to agree to a divorce. If your partner is refusing to respond to your divorce petition, speak to a family lawyer.

For uncontested divorces, spouses have multiple options for how to approach the proceedings. These can depend on your personal circumstances, preferences, and resources. You may think all divorces are handled in court and decided by a judge. However, there are alternative dispute resolution methods, such as mediation and collaborative divorce.

Mediation involves meeting with your spouse and your respective legal counsel to negotiate the terms of your divorce settlement out of court. The benefits of this include keeping your divorce private from court records as well as potentially saving on time and costs. Mediation also allows you and your spouse to have greater control over the various aspects of your divorce, including the division of property and child custody and support arrangements.

Collaborative divorce is a similar approach, wherein both spouses effectively have a legal team composed of attorneys, financial specialists, and other professionals. The benefits of this and other alternative resolution methods are the same, with the intention being to allow spouses to retain more control over their divorce. Oftentimes, leaving these matters up to the court can result in one party feeling dissatisfied, which can cause the case to drag on unnecessarily.

What Is a Summary Dissolution in California Family Law?

A summary dissolution is effectively a simplified divorce. This process is available to qualifying couples and allows them to dissolve their marriage or end a domestic partnership in a way that’s streamlined, requires less paperwork, and is less expensive than a traditional divorce. In order for spouses or partners to qualify for a summary dissolution, they must meet all criteria under California law.

To be eligible, the couple must have been married for five years or less and have no children together. Additionally, the spouses must own or owe a relatively small amount of community property, including financial liabilities. Each spouse must waive their right to request spousal support and agree on how to divide their marital property. If any of these qualifications are not met, the couple will have to proceed with a standard divorce or legal separation.

Why Do I Need to Hire a Family Law Attorney in CA?

While it isn’t required by law to hire a family lawyer to work on your divorce or other family law issues, it’s highly advised. In addition to the benefits of having a legal professional to help you in managing the paperwork, deadlines, and general procedures involved, your family attorney is there to ensure you understand all legal implications and to act on your behalf, understanding your personal goals, needs, and concerns.

Retaining the guidance of a family lawyer can ultimately speed up your case, simplify the process, minimize stress, and allow you to attend to other important life matters. Entrusting the experience of a family law attorney can also be crucial if you’re faced with a situation involving domestic violence, a controlling spouse, or you and your partner always end up fighting. A skilled lawyer can navigate these complex issues.

How Do Family Lawyers Charge for Their Services?

Depending on the family law firm you go to, your attorney may charge based on an hourly rate, or they may charge a flat fee after reviewing your case. Additionally, some lawyers will request a retainer fee upfront. Retainer fees are effectively a downpayment for an attorney’s services that provides them a guarantee they’ll receive payment upon finishing your case, whether you’re satisfied with the outcome or not. Most times, the retainer fee is subtracted from your total costs.

Some law practices in Orange County offer payment plans to clients with limited finances so they can pay off their legal fees over time through regular installments. In some cases, the court may even order one spouse to cover the attorney fees of the other party as part of their divorce ruling so both spouses have equal access to fair representation. This is generally seen in cases where spousal support has been requested, and there’s a significant wage gap between spouses.

FAQs

How Much Does a Family Lawyer Cost in California?

How much a family lawyer may cost depends on the legal matters you need to be resolved. For example, your legal fees will be higher if you’re hiring an attorney to handle the entirety of your divorce proceedings as opposed to a singular matter. Another factor that can influence attorney’s fees is how contentious your divorce is or is expected to be. When divorces are highly contentious, litigation may take a long time, resulting in more of your lawyer’s counsel.

What Is the Division of Property in Orange County Family Law?

In California family law, the division of property refers to the portion of divorce or legal separation proceedings where separating spouses must decide who gets what of their shared property.

Community property is shared between spouses and encompasses all assets and debts acquired by either party during marriage. Community property must be equitably distributed. This may involve dividing something 50/50 or allocating certain assets to one spouse so in the end, both have equitable net property.

What’s the Difference Between Legal Separation and Divorce?

In California, marriage dissolution (divorce) and legal separation are mostly identical. The difference is that legally separated spouses are still considered technically married under the law. This means that in a legal separation, spouses must still settle the same issues involved in a divorce—division of property, child custody, spousal support, etc—and the parties will live separately and apart from one another. In a separation, spouses can still reap the tax benefits of being married, among other advantages.

How Long Will It Take to Finalize My Divorce in California?

Various factors impact how long your divorce may take to finalize, so it’s difficult to estimate. If you and your spouse are relatively amicable and able to negotiate, the entire process may be resolved in a matter of months. This is also true if you and your partner have a relatively small estate of community property and don’t have minor children together. Complicated divorces may take much longer to fully complete, especially if the proceedings are contentious.

What Does the Judge Consider During Child Custody Cases in CA?

Child custody is determined by a family court judge after they consider various factors related to the case. Their primary goal is to create a parenting plan that prioritizes the child’s well-being and positive development.

Factors taken into account include the child’s relationship with each parent, each parent’s job, average income, age, physical health, ability to provide and care for the child, and whether there’s any history of mental illness, substance abuse, or domestic violence.

Compassionate and Adept Family Lawyers Here to Help

The dedicated and skilled family law attorneys at Engels-Janzen are prepared to work diligently on your behalf so you can get back to your life as soon as possible. Our legal team is committed to simplifying the legal process of whatever family law issues you need counsel and representation for.

We understand how delicate family matters can be, so we’re well-equipped to do what we can to minimize the stress and uncertainty of the situation. Contact our office today to schedule a consultation with a kind, experienced family lawyer.