Divorce Lawyer in Orange County Explains Your Options
Going through a divorce is never a simple or easy process.
No one seeks out a divorce or separation because they already communicate well with their partner. Children make things extra emotional while assets and debt make the situation even more stressful.
For many people, this could be their first experience with the legal system.
It is important to understand your full range of options and legal rights. Make sure you meet with a qualified divorce lawyer in Orange County to help explain the process and explain your rights.
Divorce Lawyer in Orange County Explains Options and Complications
The state of California offers many options for ending a marriage or domestic partnership. Some routes are relatively streamlined while others might take years.
Before signing a divorce agreement, you and your spouse need to agree on four key factors: division of property and debt, child custody, child support, and spousal support.
It is important to remember that there is no such thing as a “fast” divorce. It takes six months to finalize a divorce from the date the paperwork was filed.
Make sure you meet with a qualified divorce lawyer in Orange County to discuss the implications and process of each option to find the best solution for your particular case.
Types of Divorce Options
Alternative Dispute Resolution
Alternative dispute resolutions give you and your spouse the freedom to form your own divorce agreement without intervention from the courts or a judge. There are two main types of alternative dispute resolution: mediation and collaborative divorce.
During mediation, you and your spouse meet with a specially trained mediator to develop a mutually beneficial divorce agreement. The discussion takes place in a private room without lawyers present. A collaborative divorce is a little different because lawyers may be present to offer advice during the discussion.
Both types of alternative dispute resolution offer a guided discussion outside the courtroom to encourage communication.
Summary dissolutions are one of the simpler divorce options, but many couples do not qualify. Couples must be married less than five years at the date of filing and may not have accumulated large amounts of debt or property during the marriage.
If you have only been married for a short period of time, have not purchased much property, and do not have much debt, you should ask experienced divorce lawyers in Orange County if you qualify summary dissolution.
High Asset Divorce
If you own a business or have several financial investments, you might be looking at a high asset divorce.
During a divorce, your property is categorized as either separate or community. Anything acquired before your marriage is separate property along with gifts and inheritances. Community property includes debt, homes, income, businesses and anything else acquired during the marriage.
If you think you qualify for a high asset divorce, it is important you meet with experienced divorce lawyers in Orange County to assess your situation and discuss your options.
Factors that May Complicate Divorce
Child Custody divorce lawyer explains
Few things are more emotional than a heated custody battle. Unfortunately, child custody is an important part of the divorce process.
During alternative dispute resolutions, spouses have the freedom to draw up their own custody agreement. This involves either sole or joint custody. Most couples (and the courts) strive for joint custody because it’s usually in the best interest of the child to have equal time with both parents.
Child or Spousal Support
The state of California requires both parents to financially support their child. The courts have an equation for determining the amount each parent owes based on many factors including income, savings, projected income, and time spent with the child.
Spouses may also seek financial support if they sacrificed career advancement to benefit the family or if they cannot work due to reasons like disability or family obligations. Each situation is unique when determining spousal support.
Anything acquired during the course of a marriage is considered communal property. This includes debts, income, furniture, cars, homes, and so on.
Many couples share vehicles, homes, and just about everything so deciding who gets what can be a nerve-wracking process.
Deciding who gets custody of the pet is also very emotional as pets become members of the family. Some couples find themselves in heated pet custody battles.
If you and your spouse had an untrustworthy or unstable relationship prior to divorce, prepare for the possibility of abuse allegations.
This is not something to take lightly. Abuse accusations can impact your child custody rights and can heavily damage your reputation. It is imperative you meet with an attentive divorce lawyer in Orange County to discuss your case and take necessary precautions.
If you and your partner run into any one of the complications above, you may end up facing a contested divorce. During a contested divorce, parties have failed to form a mutually beneficial agreement on their own terms through alternative dispute resolutions. The final decision will come from a judge.
A contested divorce doesn’t mean you and your spouse disagree on everything. It could simply mean you don’t agree with one small part. It is critical you meet with an experienced divorce lawyer before finding yourself in a contested divorce.
Meet with divorce lawyers in Orange County today.
While some divorce options are simpler than others, no divorce is easy. Filing paperwork and understanding legal code can pose quite a challenge. It is important to know your parental rights as you enter a divorce.
At Yanez & Associates we offer free consultations, so there’s no risk. Call us anytime 24/7 at 714-971-8000 to go over your case and discuss which option is best for you.