Divorce Lawyer in Orange County

Going through a divorce can be complicated and frustrating, but resolving this process in a way that works for both you and your spouse is an important step towards moving forward with your life in a way that is positive and productive. The team at Kaufman Steinberg, LLP is proud to help our clients through these difficult times with compassion and understanding, while providing you with the legal representation that you need and deserve to resolve this matter in a way that works for you.

There are a lot of ways to approach a divorce, each of which has its own benefits and drawbacks, and each of which we will happily discuss with you during our initial consultation and throughout our work together. We understand that each divorce is unique, and requires a holistic approach that considers all of the important factors as we build your case and identify our target outcomes.

Read more for some general information about divorce in Orange County, and contact us as soon as possible so that we can discuss your situation in specific detail. During this call, we will be able to talk about the steps that you have already taken, ask important questions about how we can help, and ultimately determine how we can best work together towards a solution that works for YOU.

Divorce in California

There are a lot of individual factors and questions that need to be resolved in California before the courts will finalize your divorce, and there are a lot of different approaches towards resolving them. The following two sections will explain the most essential details that we will need to reach a decision on, as well as the methods that we can use in order to reach the decisions.

Types of Divorce in California

Depending on you and your spouse’s willingness to work together, you may be able to file for an uncontested divorce in the California courts, which means that you have agreed on the terms of your divorce and are simply submitting the agreements to the courts for approval. However, if you and your spouse are either unwilling or unable to work together, you will need to go through a contested divorce, which will rely heavily on a judge to determine the key issues that must be resolved.

Mediated Divorce

A mediated divorce is collaborative because it requires you to work directly with your spouse under the guidance of a third-party mediator who has no special interest in either side of the case. This option requires some difficult work, but the outcome can be rewarding when you and your spouse feel as if you have found common ground on these touchy and emotional issues.

Contested Divorce

If you and your spouse are unable or unwilling to work together, either through your attorneys or directly with a mediator, then the remaining option is to seek a contested divorce through the California courts. This option is generally not ideal, because you are relinquishing control over your own possessions and life and allowing the courts to make their own decisions that have a significant impact on you moving forward. However, this may be the best option for situations where there is no safe or reasonable path forward with collaboration.

Key Issues In an Orange County Divorce

The following are the most important things that you and your spouse will either need to reach agreements about through collaboration or will need to leave up to the courts to determine for you.

EQUAL Division of Property and Debt

The first step in dividing debt and assets is to identify what is considered community property, versus what is considered separate property. Community property is all debts and assets that were accumulated during the marriage, while separate property is all debts and assets that partners brought into the marriage, or were kept separate due to a prenuptial agreement or other arrangements.

Once these types of property are determined, the next step is to go through a process of EQUAL division, which means a 50/50 split, unless you and your partner agree to an alternative division of assets and debts. Ideally, you will be able to work directly with your spouse to reach this agreement, because relying on the courts to determine how your own property is handled is not ideal for most people.

Child Custody

If there are children under the age of 18 who will be impacted by the divorce, you and your spouse will need to either reach an agreement about both physical (where the child resides) and legal (who is able to make legal decisions about the child) custody. The most important factor of this step is ensuring that the child’s welfare is the top priority, whether or not the safest decision is what the parents would like. If the child’s safety is not a concern, you and your spouse will be able to work together to agree on how these legal rights are shared.

Child Support

Child support is another important aspect of a divorce because it ensures that the custodial parent continues to have financial support from the non-custodial parent that would have been simply part of the marriage otherwise. These structured payments typically last until the child’s 18th birthday and graduates from high school, but there are a lot of unique factors that can lead to a different structure. The amount of the payments depends on a lot of specifics about the child’s needs, and the paying parent’s ability to provide this financial support.

Alimony/Spousal Support

Alimony is also known as spousal maintenance and is a structured payment made to the financially-dependant spouse as they transition to the new reality of their single life. Alimony is not absolutely essential depending on the independent financial support that each spouse has, but if there is a spouse who has a lot of financial dependence on the primary earner in the marriage then this payment is meant to provide them with a safe ability to adjust to life after the divorce.

Contact Us Today

If you are ready to take the next step and want to partner with a compassionate and experienced attorney, contact the team at Kaufman Steinberg, LLP so that we can begin this journey together. During your initial consultation, we will be able to discuss much of what makes your marriage—and therefore your divorce—unique, and we will be able to provide you with specific examples of why we are equipped to help you through this difficult process.

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Kaufman Steinberg LLP

2020 Main Street, Ste. 345
CA 92614

Ph. 949.757.9000

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