Affordable Divorce Attorney

If you need to file for divorce, I would recommend The Law Offices of Christian Schank. They have excellent and affordable divorce attorneys that will help you with your case. Many of my friends going through divorce were happy with their results after choosing Christian Schank & Associates divorce attorneys.

Divorce in Irvine

Thank you for visiting the Irvine Family Law Offices of “insert attorney name”. 

We know you are going through an emotionally difficult time.  Please take a moment and visit our “Why hire us” page to see why we stand out from the other Family Law attorneys in and around Irvine.  Our attorneys are familiar with the judges, commissioners, and child custody evaluators in the Orange County Superior Court system.

Divorce Overview

·        In California, divorce is also known as dissolution of marriage proceeding.

·        If you are initiating the dissolution, you are the Petitioner – you file a Petition for Dissolution of Marriage.

·        Your spouse is the Respondent.

·        In order to file the petition, you or your spouse must be a resident of California for at least 6 months.

·        You or your spouse must also be a resident of Orange County for at least 3 months.

·        The divorce process handles all marital issues, such as:

·        Finances – child support, spousal support

·        Child custody, visitation

·        Division of property, assets, debts

Grounds for Dissolution

·        California is a No-Fault divorce state

·        By stating irreconcilable differences in your marriage, you can be granted a dissolution

·        You do not need proof and your spouse cannot stop you from getting the dissolution

The Dissolution Process

·        To initiate the process, the petitioner files a Petition for Dissolution of Marriage with the court in Orange County.

·        The respondent will be served with the petition – has 30 days to respond

·        The response is filed with the Superior Court in Orange County

·        Once the petition has been filed and served, automatic temporary restraining orders are set in place – cannot remove minor children from California, change the name on any documents you and your spouse share, sell property or assets

·        Once the response is filed and served, discovery proceedings take place:

·        Depositions

·        Subpoenas

·        Interrogatories

·        Interim hearings are scheduled – temporary orders to keep peace between the 2 parties

·        During the trial permanent orders are made regarding marital issues

·        The judge will determine what property is community and what property is separate – distribute appropriately

·        The judge will determine child custody, visitation rights, support (child and spousal) and make a final order

·        The minimum amount of time before the dissolution is granted is 6 months plus 1 day

·        Divorce Proceedings take place at:

Superior Court of California County of Orange

Lamoreaux Justice Center

341 the City Drive

Orange, CA 92863

Telephone:  714-935-6550

Hours:  Monday thru- Friday

                    8:00 am - 5:00 pm

Types of Divorce

·        Uncontested

• Both parties agree on marital issues involved

·        Contested

• Cannot agree on any of the issues

Division of Property

·        California is a community property state

·        Community property is anything acquired during the marriage

·        Examples:

• Home
• Automobiles
• Boat
• Home furnishings
• Income earned
• Debts incurred

·        Any property acquired before the marriage is referred to as separate property

·        Examples:

• Money – bank accounts, stocks, bonds
• An inheritance
• Automobile

Spousal Support

·        To maintain the same standard of living that was had during the marriage

·        Helps during the transition of become self-sufficient

·        The length of support is determined by – CA Family Code Section 4320:

• Length of marriage
• Each parent’s income
• Standard of living
• Ability to earn a living
• Visit our Support Information Center

Child Custody/Visitation Rights

·        The court always determines custody by what is in the best interests of the child

·        The court looks at who is the best provider, the relationship between parent and child, etc.

·        Sometimes the court will appoint an outside attorney to handle the needs of the child

·        California courts require mediation to help in determining custody

·        The court determines the type of custody awarded and the responsibilities of each parent:

• Legal:  one or both – makes major decisions regarding health care, education, well being
• Joint Legal: divides the decision making between the parents
• Physical: The child lives with one parent most of the time (custodial parent)
• Sole: all decisions made by one parent
• California courts usually award Joint Legal Custody

·        The non-custodial parent will be given visitation rights:

• Weekends
• During the week
• Vacation time
• Holidays - alternate
• Visit our Custody Information Center

Child Support

·        The non-custodial parent is obligated to make monthly payments to support his or her child

·        California state guidelines determine the amount by using a mathematical formula

·        Taken into consideration:

• The number of children
• Each parent’s income
• How much time is spent with child
• Day care expenses
• Medical insurance
• Etc.

·        Child support is usually taken directly out of the paycheck

·        It is paid until the child reaches 18

Visit our Support Information Center

Criminal Defense Attorney

If you have any criminal charges, I suggest contacting the criminal defense attorneys at Earl Carter to help you.

 

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