Huntington Beach Divorce Lawyer

Huntington Beach Divorce Attorney

Entering a divorce is never an easy decision. The process contains intricate legal proceedings that can easily become emotionally draining. If you are facing divorce or any other related family law issue, it may be time to consider hiring a Huntington Beach divorce attorney.

The legal professionals at Quinn & Dworakowski, LLP, have the education and experience to take on the burdens their clients would suffer with alone.

Understanding Divorce Law in California

Divorce is the official dissolution of marriage. It legally terminates a marriage between two people who had previously sought to be recognized as a married couple under the law. Some people are unaware that California is a “no-fault” divorce state. This means that neither spouse is forced to prove that the other did something wrong or illegal to request a divorce.

Before filing for divorce, there are specific residency requirements that must be met. Either you or your spouse must have lived in California for at least six months. In addition to this state requirement, the spouse filing for divorce must have resided in Orange County for at least three months before filing.

If both of these requirements are not met, the couple will have to wait until they have reached this eligibility threshold. Fortunately, the individuals are not required to live with each other while waiting to qualify. This is especially critical for couples whose circumstances have become volatile.

Divorce Process Overview

• Petition: The divorce process is officially set in motion when one of the spouses files a formal request to be divorced. This individual will be named the “petitioner.” Within this petition, the individual will detail any grounds for divorce they want to share, proposed arrangements for managing finances, and other relevant issues such as child custody or property division. The petitioner will pay a filing fee to complete this step of the process.
• Response: Once the petition has been filed and paid for, the next step will be for the court to officially notify the other spouse of the divorce request. This person will be referred to as the “respondent” throughout the process. After receiving the divorce petition, the respondent has 30 days to respond. They can either agree with what has been proposed, generate their own counter-proposal, or completely challenge the entire petition and request the case advance to court.
• Financial disclosures: Both parties will be required to create a list of their assets, income, and all other relevant financial details. To prove these financial claims, both individuals will be required to provide pay stubs, tax returns, and any property valuations they have on hand as evidence.This step helps to ensure that both parties are transparent with their finances and allows the judge and jury to have a clear picture of their financial landscape to ensure a fair separation arrangement.
• Negotiations: If it becomes challenging to reach a divorce agreement, it may be recommended that both parting spouses attend mediation sessions. These are when a neutral third party leads the divorcing couples in conversation to try to help them reach mutual agreements.This is sometimes a huge value for couples, as the sessions help them to better understand each other’s positions and work together to create an amicable agreement. In more contentious scenarios, the mediation sessions will still not be enough to encourage agreement. At this point, the couple will be forced to finish dealing with their differences in court.
• Trial: In an official divorce trial, both parties will be represented by divorce lawyers. They will present their ideal case outcome, supported by whatever evidence they were able to collect to add validity to their claims.Once the judge and jury have been able to listen to all of the facts, they will make final determinations on the contested issues. At this point, the jury will communicate their decision. If the judge agrees, they will communicate that this is the official arrangement.
• Finalization: Both parties are legally obligated to comply with whatever terms have been established in the divorce decree. This document outlines all of the rights and responsibilities each party must follow in their post-marriage life.If either party is unsatisfied with the results of the case, they do have the option to work with their attorney and appeal the decision. This process can be extremely lengthy and complex but sometimes can be enough to reverse an initial decision.

By understanding each of these steps, those looking to divorce can better prepare for what is to come and how to collaborate with their attorney. This can help to make the challenging legal proceeding more predictable and less stressful.

The Role of a Huntington Beach Divorce Lawyer

There is a huge amount of value a divorce lawyer can offer to help ease the traditional divorce proceedings. Some of the most commonly cited reasons include the following:

Legal Guidance

Because most Californians are not formally educated in law, a divorce attorney can step in to fill in this knowledge barrier. This can help an individual feel protected throughout the entire process by knowing an attorney will step up and object to any violations of their rights. An attorney is also aware of what their clients are entitled to, including assets, alimony, or child custody.

This understanding can keep clients on track to receive a fair court order. In addition to having legal knowledge, a lawyer also provides strategic advice that is customized to your specific case. This could include recommendations on when to compromise, when to stand firm in your position, or what the most effective route is to negotiate and meet in the middle.

Paperwork

Being divorced is synonymous with filling out a ton of paperwork. There is no way to avoid any of these requirements, and accidentally missing one form or a crucial deadline could delay the process or even jeopardize acquiring something that is important to you.

Having an experienced divorce attorney on your team can help ensure this does not happen. They have a strong command of what items are due and when, helping their clients to reduce the risk of any unnecessary damage to their case.

Negotiation

Unless a case is completely amicable, there will be scenarios where an attorney will need to step in and negotiate on behalf of their client. For example, you may feel like the original spousal support proposal is not enough to cover your most basic needs that will exist post-marriage.

An attorney who understands your objectives will be able to assess every other aspect of the case and put together a compelling negotiation strategy that could end up boosting your monthly spousal support check. Because these parts of the process are extremely emotional, having your attorney handle the negotiations can help you avoid making any impulsive decisions that could be detrimental to your case.

Representation in Court

If a contested divorce case escalates to an official trial, a lawyer will be able to serve as your voice in the courtroom. They will spend time preparing to present your case, argue on your behalf, and challenge any of the opposing counsel’s viewpoints.

A seasoned attorney knows how to present evidence in the most compelling light and ensure any requests being made are backed up with tangible proof and witness testimonies. They will also be able to cross-examine any of the opposing parties’ witnesses to highlight any inconsistencies in their story and weaken their testimony.

What Are the Most Common Objections to Prepare for in a Divorce Case?

Anticipating what the opposing counsel might bring up in court is the most effective way to stay prepared and win. They may have objections that are rooted in a disagreement over the facts or take issue with how certain evidence was collected.

Some of the most common objections to prepare for in a divorce case include:

• Relevance: If a piece of evidence appears to be out of line or doesn’t directly pertain to an issue at hand, a party may try to object and claim it should be dismissed from the record. A seasoned attorney will look at all of their evidence before a case and mentally prepare for a relevance objection to each item. Having prepared rebuttals will help to ensure their client’s evidence stays admissible.
• Hearsay: A “hearsay” objection is an accusation that a specific piece of evidence should be dismissed because it relies on an out-of-court statement to validate its truth. For example, this may be an objection if a witness claims they heard a rumor of an instance but did not see it with their own eyes.
• Speculation: Lawyers and witnesses are not allowed to guess or speculate about any of the case’s facts. For example, a lawyer is not allowed to ask a witness to guess what someone might have been thinking during a specific incident or how someone might have behaved under a hypothetical circumstance. Your attorney will want to make sure that all questions and responses are based on actual facts that can be proved in court.
• Leading questions: During a direct examination, a lawyer cannot ask any leading questions. These are defined as questions that suggest the answer the lawyer wants to hear. An example of a leading question would be, “You intentionally undervalued one of your real estate properties, didn’t you?”

FAQs

Q: How Much Does a Divorce Lawyer in Orange County, CA Cost?

A: There are several different factors that influence the cost of an attorney. Generally, the more years of experience an attorney has and where their firm is located will drive up costs. The average hourly rate is around $250 to $500 per hour, with the potential to be even higher for attorneys who have a strong reputation in the area.

If the attorney does not have an hourly cost structure, then they will likely request a retainer fee before starting to offer their services. They will gradually pull funds from this retainer until they need to request more. If they don’t use the full retainer, the rest will be returned at the conclusion of the case.

Q: How Can I Assess a Divorce Lawyer’s Qualifications?

A: You’ll want to start by looking into the attorney’s educational background and how many years they have practiced family law. Certain reviews and testimonials of their services can be very insightful to understand what your experience might be like when hiring them for similar reasons.

During an initial consultation, ask how many cases they have won for their clients and if they have any certifications or additional training that may make them more qualified for your specific case. In addition to how they make you feel emotionally, all of this can help guide you to hiring a qualified attorney for your divorce case.

Q: Is Everything Split 50/50 in a California Divorce Case?

A: California is a community property state, which means that all assets that have been acquired during the marriage will be equally divided between both spouses. However, some people become confused that “50/50” means an equal split down the middle.

Because some items, like houses, cannot be split in two, this means that each spouse will be awarded an equitable share of the total value that everything amounts to. Any items that were owned before the marriage are not up for consideration.

Q: What Is a Wife Entitled to in a California Divorce?

A: There are no gender bias considerations when dividing assets in a California divorce. A wife will receive an equitable portion of all the community property just like her partner will. Sometimes, a wife is entitled to additional spousal support if she is not as financially independent as the spouse she is parting from.

The total amount of spousal support she could receive will be determined based on how long the marriage lasted, what her individual income will be post-marriage, and if her ex-partner is able to afford the monthly payments. Additional funds could be secured if there are children involved who need more funds to ensure their basic needs are met when they are not in the same physical space as their other parent.

Contact Our Firm Today

If you are facing the prospect of a divorce and would like to connect with an attorney, contact a divorce lawyer at Quinn & Dworakowski, LLP, today. We have been successfully guiding California’s through divorce proceedings for years and would be honored to help you as well.