Rancho Santa Margarita Divorce Lawyer

Rancho Santa Margarita Divorce Attorney

Filing for divorce is one of the most difficult things a person will ever have to do in their life. No matter how amicable you and your spouse may be or how necessary the divorce is, the legal process can bring out deep-seated emotions and tension, causing significant challenges. No one enters a marriage with divorce in mind, but when it becomes necessary, you need a Rancho Santa Margarita divorce lawyer.

At Quinn & Dworakowski, LLP, we have been assisting clients with divorce cases and other family-related legal matters for many years. In fact, our qualified team has over 150 years of combined experience. When you are going through a divorce, or even before you decide to file, consulting with an attorney is the right decision. While anyone can file for divorce without stating a reason, the proceedings can be difficult. Our attorneys can help.

Common Issues in a Rancho Santa Margarita Divorce

When a couple decides that legally dissolving their marriage is the right choice for their situation, there are several matters they will need to agree on. When the couple can reach an agreement on these areas on their own, it is considered an uncontested divorce, and the legal proceedings can often be quick and relatively cost-effective.

Couples who cannot reach an agreement on their own will need to go before a judge, who will make this determination for them. In some cases, one spouse may be completely unwilling to divorce. A judge can also make determinations regarding divorce matters if a spouse is unwilling or reluctant to divorce after being served with divorce papers.

Even the most amicable divorces can result in disagreements over certain aspects of the marriage. The most common areas of contention in divorce cases include the following:

• Property division. California is a community property state, meaning that all marital or shared property (property acquired during the marriage) is subject to equitable division. Property included in a California property division can be the marital home, vehicles, bank accounts, retirement accounts, other real estate holdings, and debts.
• Child support. When a couple who shares minor children seeks a divorce in California, the lower-earning spouse and/or custodial parent may be able to seek child support from the higher-earning spouse and/or the non-custodial parent. Child support payments are made monthly and can cover certain needs of the child, such as food, shelter, clothing, education, healthcare, and childcare costs under certain circumstances.
• Child custody. Divorcing couples who share a child will need to come to an agreement regarding the custody and visitation rights of their child. In California, there are two main types of custody: legal and physical. Legal custody refers to the parents’ ability to make decisions regarding the welfare, education, and health of their child, whereas physical custody refers to how the child will split their time between the parents’ homes.
• Spousal support. When a couple divorces, the lower-earning spouse may be able to seek temporary or permanent spousal support from the higher-earning spouse. There are many factors that a judge will take into consideration when determining spousal support awards, including the length of the marriage, the age and health of the divorcing parties, and the lower-earning spouse’s ability to gain education or employment.

Understanding the Divorce Process in California

Whether you live in Melinda Heights, Dove Canyon, Robinson Ranch, or elsewhere in Rancho Santa Margarita, the divorce process is the same. The divorce rate in California is 5.88 per 1,000 residents, and divorces are typically handled at the Lamoreaux Justice Center, located at 341 The City Drive South in nearby Orange.

The divorce process generally begins when one spouse files a Petition for Dissolution of Marriage and serves the paperwork on the other spouse. Both parties must exchange financial disclosures and identify any issues involving property, custody, or support before the court can move the case toward resolution.

Rancho Santa Margarita has a large share of children and teenagers, with 22% of the city’s population reportedly under 18. Any divorce that involves children will require the establishment of custody rights, child support obligations, and visitation schedules.

Mediation

Parents may be required to participate in mediation through Family Court Services, where a trained professional helps parents work toward an agreement about parenting time and decision-making responsibilities before a judge becomes involved.

With an average home value of $1,008,785, homes are often among the largest assets subject to property division in Rancho Santa Margarita. California is a community property state, meaning anything that was acquired during the marriage is considered community property. Exceptions include previously owned property, inheritances, and gifts. Once the marital estate is accounted for, it is subject to an equitable division through the courts.

Once Its Finalized

After a divorce is finalized, court orders related to custody, support, or visitation may still need to be adjusted over time. If a parent experiences a significant change in income, relocation, or a shift in parenting time, they may request a modification through the court.

Enforcement actions may also be necessary if one party fails to follow the terms of the court order, such as missing child support payments or violating custody agreements. In those situations, the court can take steps to enforce compliance and make sure that existing orders are followed.

Mistakes to Avoid in a California Divorce Case

There are several mistakes you will want to avoid during a California divorce case. These include the following:

• Not seeking the assistance of an attorney
• Not cooperating or communicating with your spouse regarding the divorce
• Not considering the tax implications of your settlement
• Acting out of guilt, revenge, or anger
• Not being honest with your legal representation
• Hiding assets from your spouse
• Speaking poorly about your spouse in front of or to your children

Why You Should Hire a Divorce Lawyer

The outcome of your divorce can determine your parental rights and shape your finances for years to come. You do not have to face an uncertain future in court. When you hire a divorce lawyer, you position yourself for a favorable outcome to your case. Your lawyer can begin by reviewing your case and listening to your goals and concerns.

Then, a family law attorney can rely on their understanding of the local court system and divorce laws to tailor the right strategy to your case. With the right focused approach, you can stay one step ahead of your spouse throughout the process. At every step of the process, they can keep you updated on important developments in your case so you are never left in the dark.

Family law attorneys are skilled litigators and strategic negotiators who are focused on protecting your rights and interests. They can manage the complexities of your divorce case while addressing challenges before they cause serious setbacks or delays to your divorce.

FAQs About Rancho Santa Margarita, CA Divorce Laws

What Are the Steps When Seeking a Divorce in California?

To file for divorce in Rancho Santa Margarita, at least one of the spouses will need to have been a resident of the state for at least six months prior to and a resident of the county for at least three months. Additionally, there are certain steps you will need to take when going through a divorce, including filing the official divorce petition, serving or responding to the divorce, and disclosing financial information.

Can One Spouse Refuse Divorce in California?

No, in California, if one spouse does not wish to divorce, they cannot prevent the divorce. If the spouse ignores the divorce petition, the court will enter default judgments in the areas of contention and will not require any input from the spouse who refuses to cooperate.

Do I Need a Divorce Lawyer in California?

While it is not legally required to have an attorney alongside you during a divorce case, their legal knowledge and experience can prove essential to the outcome of your case. If you choose to forgo an attorney’s assistance, you could place yourself in a position of potentially risking the loss of any property you may hope for and deserve. Working with an attorney can improve your chances of a favorable outcome.

Can I Seek a Modification to a Divorce Decree?

Yes, after a final divorce decree is made, you may be able to seek certain modifications, should you sustain a change in your life circumstances substantial enough to warrant such a review. These changes in circumstances can include a loss of income, a loss of employment, a recent injury or illness, or a new marriage.

Speak With a Trustworthy California Divorce Lawyer

Divorce can be a life-changing event and a huge legal undertaking. Having the legal assistance of a reliable attorney can make all the difference when it comes to achieving your goals in a divorce case. Contact Quinn & Dworakowski, LLP today to schedule your initial consultation and discuss how our team can help you through this challenging process.