Santa Ana Divorce Lawyers
When you and your spouse decide your marriage is over, filing for a divorce lets you finalize the separation. With so many moving parts and terms to negotiate, navigating a divorce all on your own can extend the process and leave you with more work to do. Hiring an experienced divorce and family lawyer is the best way to expedite your divorce and ensure that all the divorce terms are fair and just.
At Sarieh Law Offices, ALC, we pride ourselves on helping clients navigate divorce, whether negotiating with a spouse, representing you in court, or reading a divorce agreement proposed by your spouse to ensure it’s fair. If you need assistance with your divorce, don’t hesitate to reach out today. Call our team at 714-694-7723 to learn more about our services and how we can help you.
What Types of Divorce Are There?
Although most people know what a divorce generally entails, there are many options to choose from when ending a marriage. Multiple divorce options may work for you and your spouse, or there may be just one that will help you end the marriage quickly and effectively.
The types of divorce include:
- Uncontested divorce: a divorce where couples agree on most (if not all) of the significant terms of the divorce without the need for litigation.
- Contested divorce: a divorce where couples disagree on most of the significant terms of the divorce and must enter into litigation in court with a final ruling from a judge.
- Default divorce: one spouse files for divorce, and the other spouse does not respond. By default, the divorce is granted.
- Mediated divorce: if a couple cannot agree on the terms of the divorce, they can enter into mediation. Mediation involves both parties hiring legal representation and meeting with a third party to decide on divorce terms.
- Arbitrated divorce. Arbitration involves a judge making a ruling on the terms of the divorce. However, during arbitration, the parties hire a judge and set their own court date.
No matter which form of divorce you and your spouse go through, having a divorce attorney on your side is the best way to ensure the terms of your divorce are fair to you and your soon-to-be ex-spouse.
What Are the Major Terms of a Divorce?
During the divorce process, couples must negotiate the major terms of their agreement until they reach a conclusion. These terms are often negotiated heavily, especially in contested divorces and high-asset divorces. Specific terms of divorce can vary, but for the most part, there are terms you and your spouse will have to agree upon.
The major terms of a divorce often include:
- Division of property
- Spousal support
- Child support
- Division of assets
If you and your spouse cannot agree on these terms, then a court will make a final judgment on the exact specifications of each term. Since California is a no-fault state, the divorce is automatically a no-fault divorce. This means the court cannot consider domestic abuse, adultery, abandonment, or general behavior.
Does a Divorce Always Go to Court?
Not every divorce case must go to court to be resolved. In a collaborative divorce, where both parties can agree on the terms of their divorce independently, a divorce agreement can be filed with the court without a court date. This is often the cheapest and most accessible form of divorce since it cuts down on court time and legal fees. Even if your case does not go to court, getting legal representation from a divorce lawyer is still recommended. A divorce lawyer will ensure that the divorce agreement is fair to you and does not take advantage of your time or money.
Contested divorces, or divorces when both parties cannot agree on the terms of their divorce, often end up going to court. If parties have difficulty reaching an agreement, a judge will hear both sides and then make a ruling on the divorce terms. It is important to note that once a judge gives their verdict, it cannot be appealed, and all terms must be followed by both spouses.
If your divorce goes to court, hiring a legal representative is essential. Defending yourself in court can take time and legal knowledge that you may not have. As your divorce lawyers, our team will plead your case before a judge to ensure you get the outcome in the divorce you deserve.
How Are Spousal Support Or Child Support Awarded?
Spousal support is a payment made from one spouse to another to upkeep quality of life. Usually, spousal support is awarded to parties with a large income discrepancy. Spouses can agree on the payment and timeline for the payments, or a judge can rule on the spousal maintenance.
Child support is often awarded to the primary parent or the parent with more custody of the children. Child support is awarded based on income, age, the health of the children, and the parenting agreement at the time of the divorce. Child support can be awarded to both mothers and fathers.
Do I Need a Divorce Lawyer?
Going through a divorce can bring up many emotions, not all of which are positive. Negotiating the terms of your divorce can take time, especially if you are not experienced in family law. With a divorce lawyer on your side, you can rest assured that your divorce is equitable and just for both parties.
At Sarieh Law Offices, our team will help you reach a fair settlement. Whether you’re close to a resolution or you and your spouse can’t agree on any terms, we’re here to help. Call us today at 714-694-7723 for legal consultation and advice.