Divorce Lawyers in Irvine, CA
Divorce is one of the most stressful experiences that many people will go through. Even if you and your spouse are in agreement about most aspects of your separation and divorce, there will inevitably be challenges along the way if you are not familiar with the California divorce process. Having an experienced divorce lawyer can make a significant difference in the outcome of your divorce and the impact the process has on your life.
It is important that you have someone you trust to advise and guide you along the way. Contact the Irvine family lawyers at Sarieh Law Offices for a personalized assessment of your divorce case.
The California Divorce Process
No two divorce cases are the same, but there are certain steps that are included in most divorces in California.
Strategic Pre-Divorce Preparation
Being proactive and planning ahead is an important first step in any divorce. Regardless of the level of contention or animosity you and your spouse feel toward one another, having a strategy is a good idea. As you prepare for your divorce, consider the following things:
- Distribution of property
- Who will stay in the marital home during the separation
- Child custody and visitation
- Spousal and child support
There are numerous other issues that will factor into your divorce, but these topics can get you started on a plan.
Initiating or Responding to Divorce Proceedings
Once you have the framework or a general idea of what your goals are for your divorce, you will need to file the complaint. Filing a divorce complaint with the court is the starting point of the formal divorce process. There are certain facts and elements that need to be included in the initial filing, including the date of marriage, date of separation, and information about any children shared by the spouses.
You or your spouse must have lived in California for at least six months before you can file for divorce. Plus, one of you must have lived in the county you plan on filing in for at least three months.
If your spouse has already filed a divorce complaint, you have 30 days to file a response. Missing this deadline could have negative consequences, including the possibility that your spouse will ask the court to make a ruling without your input.
Determining Optimal Resolution Methods
Going to court to litigate property division, support, and custody is not the only way for you and your spouse to resolve these issues. In California, divorcing spouses may also attend mediation to seek guidance from an objective third party, which is a preferable method for many people. Mediation is confidential, unlike public court proceedings and filings, so this option provides a more private process for spouses.
Assessing and Categorizing Assets and Income
One of the most time-consuming elements of a divorce is identifying and valuing assets. Spouses who have been together for many years and those with high net worths have often accumulated a substantial amount of property. Dividing these assets can be challenging, particularly if there is a dispute over the classification of the property.
In California, property is classified as either separate property or community property. Each spouse may or may not be entitled to ownership, depending on which category the property falls into. Community property is anything that was purchased or obtained during the marriage but before separation. Typically, the only exceptions are gifts and inheritances. Separate property includes property either spouse owned before marriage or acquired after separation. Despite how simple this explanation may seem, there are usually complex situations that make identifying assets and debts challenging.
Income is another important factor when spouses divorce, especially if one or both spouses are requesting child or spousal support. There are complicated calculations to determine support obligations, as well as numerous statutory considerations.
The process will go much more smoothly if you and your spouse can agree on the terms, but negotiating property division and financial support is necessary if no agreement can be reached. Whether through mediation or litigation, an Irvine divorce lawyer can represent your best interests throughout the process.
Creating a Comprehensive Parenting Plan
If you have minor children, a parenting plan is a crucial part of your divorce. Custody decisions are often the most emotionally driven aspect of a divorce. While both you and your spouse may have opposing ideas about what a custody arrangement should look like, the court will ultimately consider the best interests of the children.
Parenting plans in California should include the most important elements of custody and parenting time, including where your children will live, when they will spend time with each parent, and how each parent should care for the children. Keep in mind that until a parenting plan or court order is in place, both you and your spouse have the same parental rights.
Exploring Mediation and Litigation Options
Making a decision about mediation versus litigation is highly personal to your individual divorce case. However, mediation may be required if you and your spouse cannot agree on child custody. Mediation may be the right choice for your divorce if you and your spouse are both open to the process, willing to be transparent, and able to engage in respectful communication.
Finalizing Divorce Arrangements and Post-Divorce Preparations
Once the divorce is ready to be finalized, you should review all the legal documents to ensure they accurately reflect what you agreed to. This includes settlement agreements, post-nuptial agreements, custody orders, parenting plans, divorce decrees, and any other contracts or documents. Once the final order is entered, there may still be additional elements to take care of, such as a qualified domestic relations order.
Contested versus Uncontested Divorce: The Significance of Expert Legal Representation
Your divorce lawyer is the best resource for information that is specific to your case. Navigating the California divorce process can be overwhelming and confusing without guidance from an experienced attorney. Deadlines, court rules, required filings, and strategic legal planning are all components of a divorce. If you aren’t familiar with these things, an attorney may be the best option.
Irvine Divorce Attorney Assisting Clients in Orange County & Beyond
Contact Sarieh Law Offices to schedule a free consultation and discuss your separation and divorce.
