Divorce remains a common legal matter. Although divorce rates are declining, thousands of couples still seek divorce every year. If you are part of a divorcing couple, it is important to know your options and what to expect during the divorce process. An expert divorce litigation lawyer will be a crucial asset to have on your side if you are bracing for a contentious divorce.
Some couples do not go to court during their divorce process but instead negotiate their divorce terms in mediation. Although this is certainly a good option for some people, it is not possible for others. If you are going through a divorce that involves child support, child custody, spousal support, or a prenuptial agreement, you may need to turn to Orange County divorce litigation services rather than mediation.
Fortunately, the divorce lawyers at Quinn & Dworakowski, LLP, provide the best divorce representation in Orange County. We can help you traverse the Irvine divorce litigation process and achieve terms that are best for you.
Quinn & Dworakowski, LLP: Your Irvine Divorce Attorneys
For many years, our team has been representing individuals who are going through divorce in Irvine, CA. During our time in business, we have seen divorces of all kinds and served clients with many different objectives, needs, and circumstances. We understand that all legal situations, especially divorces, are unique. Because of this, we approach every case with an open mind to ensure a tailored and personalized plan for your divorce proceedings.
Our team understands that mediation is not best for everyone, and we do not shy away from divorce litigation. We are here to make sure that you achieve the best possible terms in your divorce and that you have the resources necessary to thrive in your life after marriage. No matter your circumstances, we have the expertise and resources to properly represent you during divorce litigation.
Although you have many options in Orange County, Quinn & Dworakowski, LLP, can provide the very best divorce legal services for you and your family.
What Is Divorce Litigation?
Many people are not familiar with the term “litigation” and may feel confused about a situation involving it. “Litigation” simply means a legal process and usually implies a courtroom setting. This is distinct from divorce mediation, where a couple negotiates their divorce with the help of a mediator rather than hiring two divorce attorneys to represent them.
Alternative dispute resolution, such as mediation and collaborative divorce, has become increasingly popular in the United States as these options generally allow a divorcing couple to resolve their divorce more quickly and with greater control over the final outcome. However, it is not true for every case, and mediation or other alternative dispute resolution may not be a realistic option for every divorce.
Additional Factors
Divorce litigation is required if you have additional factors that complicate your case. Such complications include:
- High asset values. Resolving property division under California’s community property law can be incredibly difficult for high-net-worth couples and those who own complex assets.
- Significant debt or bankruptcy. It’s natural for either spouse to wish to avoid facing liability for the other’s debts, but California’s community property law can seem oppressive or even unfair in some cases, meaning litigation will be necessary to ensure the fairest possible result.
- Prenuptial agreements. If a divorcing couple has a prenuptial agreement in place, litigation will ensure the agreement is still legally enforceable, and then implement the terms of the agreement into the divorce.
- Military status. Members of the military can face especially complex divorce proceedings due to the nature of their benefits earned through service. It’s important to hire a divorce litigation lawyer who has proven experience addressing these issues.
- Disability. Individuals with disabilities can face many challenges in divorce proceedings, some of which may make alternative dispute resolution an unrealistic option for resolving the case. Your attorney can help you approach divorce with confidence and account for your specific needs when it comes to managing a disability and ensuring it is properly acknowledged in your divorce proceedings.
These factors make mediation a poor choice and require that you bring your case before a judge for the best and most legal outcome. While it is sometimes possible to mediate aspects of a complex divorce, divorce litigation becomes unavoidable when the divorcing couple cannot reach a mutual agreement. Your divorce litigation lawyer can help you resolve what you can through alternative dispute resolution before starting litigation to complete your divorce.
Children and Divorce
Children often complicate divorce because the court is responsible for ensuring the children’s safety and security with each parent. Custody arrangements are not only at the discretion of the parents but must also be approved by the court to ensure validity. Therefore, it may not be possible to negotiate child custody during mediation or without the involvement of a judge.
Child support is a similar issue. The court determines child support based on a very specific and strict set of criteria. They ensure that these criteria are met through a proper litigation process. Your legal team can help you prepare all of the financial documentation you will need to present to the court to ensure the fairest possible child support determination, whether you expect to pay or receive it from your coparent.
What Happens During Divorce Litigation in Orange County?
Whether your family court litigation takes place in Orange County, Los Angeles County, San Diego County, or elsewhere in California, there are basic steps that most court cases follow. The divorce process begins when either party files a Petition for Dissolution with the Orange County Superior Court, which has jurisdiction over the divorce. Once the court accepts that petition, the other party is served papers and allowed to respond.
Before either party initiates litigation, both sides typically conduct discovery. This allows both parties to request evidence and documentation from the other party. The other party is obligated to comply with those requests. Interrogatories are questions given to the other side, and requested documentation could include financial records and anything else that would be relevant to a divorce.
Early hearings could be used to argue for temporary orders that could detail custody rights and child support obligations. Any temporary orders must be followed by both parties. During subsequent hearings, either party can request modifications to those orders, present additional evidence, or ask the court to resolve disputed issues.
Courts and Judges
Family courts typically require both spouses to go through mediation before a judge will consider making decisions on child custody on behalf of the parents. If mediation does not resolve the issues at hand, a judge may hear evidence presented by both parties, along with testimony, before making rulings on child support, custody, property division, and spousal support.
Judges consider guidelines, laws, and the interests of the child when making such rulings. Once a final order is issued, both parties must comply with the terms of those orders. A final order can be appealed if there were legal errors that led to an adverse ruling. The appeals process is complex and requires evidence from the court hearing or trial, meaning no new evidence can be used to seek a ruling from a higher court.
How Property Is Divided in California Litigation
California adheres to a community property system, which means that most assets and debts acquired during a marriage are presumed to be jointly owned and subject to equal division. Under California Family Code § 2550, the court generally divides community property in half unless the parties reach a different agreement.
Community property can include income, real estate, retirement accounts, and business interests obtained during the marriage. Separate property usually consists of assets that were acquired before the marriage began, as well as gifts or inheritances received by one spouse individually. Disputes often arise when assets are commingled or when one party claims that a particular asset should be classified as separate property.
In litigation, the court may need to determine the value of complex assets before division. This can involve appraisals, financial consultants, and detailed analysis of records. High-value estates often require additional scrutiny. Debts are also classified as separate or community. Any debts acquired after separation are typically listed as separate.
When Parties Cannot Agree
When both parties cannot agree on the terms of property division, a family court judge typically makes those decisions on behalf of the parties. This is done after both sides have had the opportunity to present evidence and legal arguments. The judge’s ruling is then incorporated into the final divorce judgment.
Why You Should Hire a Divorce Litigation Lawyer
When you go through litigation, you need to be able to properly advocate for your needs. Most people are unable to do this on their own and therefore rely on attorneys to do it for them. When you hire a divorce litigation lawyer, they can walk you through the process and help you get more favorable terms for your divorce case under California divorce laws.
Without an attorney, you may lose out on key assets, including child custody, child support, and spousal support. With so much on the line, it is important to protect yourself with the help of a California divorce litigation attorney.
Divorce litigation involves several stages. There may be pretrial motions from either party before discovery begins, during which the parties will share all relevant documentation, records, and evidence expected to be covered in court. The trial itself will then unfold, and this will likely encompass several sessions. Once a final ruling is made, it is then possible for litigation to continue if either party decides to appeal the court’s decision.
FAQs About The Divorce Litigation Process in California
What Is the Average Cost for a Lawyer in a Divorce Case?
The average hourly rate for a divorce attorney is between $215 and $255. However, not all attorneys charge hourly. Some attorneys charge a flat rate, while others charge a percentage of the settlement. Although hourly rates are most common for divorce lawyers, it is important for you to discuss costs with any potential attorneys. This ensures that you can afford their services throughout your case and gives you the highest likelihood of favorable outcomes.
How Much Does a Divorce Cost in California With a Lawyer?
If you are going through litigation, you can expect to pay between $215 and $255 per hour for an attorney who charges an hourly rate. The total attorney’s fee will depend on the amount of time it takes to settle. However, this does not include the money you inherently lose during a divorce. Half of your marital assets will go to your spouse, meaning that you will lose a significant amount of money that you had access to during your marriage.
Beyond the cost of hiring legal counsel, you will also have to account for filing fees with the court. For example, a first filing of a divorce petition incurs a filing fee of $435 in the Orange County Superior Court, and the same fee must be paid with the filing of the response to the divorce petition. Your attorney can explain what court filing costs you face and what to expect in terms of what you and your spouse must respectively pay to cover them.
Is It Better to Get a Local Divorce Attorney?
In most cases, it is best to get a local attorney for your divorce. They will be familiar with the local court system and will be easily accessible. If you hire someone who is not local, you will have to pay their hourly rate during the time that they travel to you for meetings, court dates, etc. It is usually more convenient and less expensive to hire an attorney who works in your local area.
How Much Is a Retainer Fee for a Divorce Lawyer in California?
The average retainer fee for a California divorce lawyer is between $3,000 and $5,000. The money in the retainer technically belongs to you. Therefore, any money that exceeds the hourly rate for the attorney at the end of your trial should be returned to you. To remain safe and smart about your money, always discuss retainer fees and hourly rates with potential attorneys before you hire them.
How Long Does Divorce Litigation Take in Irvine?
The time that divorce litigation will take to complete in Irvine will vary from case to case based on multiple factors. When you have a skilled Irvine divorce litigation lawyer representing you, it’s possible that they will find ways to streamline your proceedings, and their counsel and support will be invaluable during litigation. Some cases may take several months to resolve, while others could take longer than a year.
Contact Quinn & Dworakowski, LLP
Our team at Quinn & Dworakowski, LLP, is here to serve you during your divorce and offer industry-leading legal advice. For more information about how we can help you, contact Quinn & Dworakowski, LLP, online today.
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