Orange County Divorce Litigation Lawyer

Orange County Divorce Litigation Attorney

The journey of a divorce in Orange County, CA is not just emotional but also dense in legal matters. It can be difficult to balance the emotions you want to express with the discipline to make practical decisions. Understanding the legal landscape and partnering with an Orange County divorce litigation lawyer can help keep you balanced and informed throughout the process.

With more than 100 collective years of legal experience, the team of attorneys at Quinn & Dworakowski, LLP, is more than prepared to take on your case and advocate compassionately for your interests.

Understanding the Two Divorce Types

Your specific divorce process will vary depending on which of two categories it falls into.

Uncontested divorce: If you ever hear a divorce being classified as “uncontested,” it means that both parting spouses have come to an agreement on all matters concerning their separation. This is the ideal type of divorce, as it is the fastest way for both parties to move on with their lives.

Contested divorce: Unfortunately, not all divorces can be settled quickly. Unresolved disputes can lengthen how long a divorce proceeding will last until both parties can either come to an agreement or present their cases in court and await a final verdict.

Key Aspects of Divorce Litigation in CA

If you are facing divorce litigation, it is likely due to an unresolved conflict with one or more of the following issues.

• Property division: California is a community property state. This means that any assets or debts that have been acquired throughout the course of the marriage would be divided equally between both spouses. The only thing that could void this process is if both parties agree to a different resolution.
• Child custody: While both parent’s opinions on the right type of arrangement post-divorce are taken into consideration, the court will overrule any accommodation that is not seemingly in the interest of the child.The two different angles to child custody are legal and physical. Legal custody is the recognition of parental rights, and physical custody is the act of supervising them independently. Sometimes, both parents have both sets of rights, while other times, it’s mixed.
• Spousal support: The length of a marriage and individual finances can help determine if one spouse will have to pay another spouse a monthly stipend to help accommodate their life after marriage. In long-term marriages, both individuals become accustomed to a certain lifestyle that the court will try to help maintain for an extended period of time afterward through spousal support, otherwise referred to as alimony.
• Child support: Beyond custody, ensuring that all children have financial support is a significant part of assessing what is in their interest. Different living conditions, incomes, relationship history, and other factors all contribute to exactly how much a monthly payment will be per child.
• Marital agreements: If the parting couple created a prenuptial or postnuptial agreement, it will be under review during divorce litigation. These are both signed contracts that are mutually agreed upon by both parties.

Their intent is to add a layer of protection so that in the event of a divorce, the individuals’ mutual preferences can be enacted rather than the law of the land in California. The court will spend time reviewing these agreements to ensure they are fair and in line with the state’s legal standards.

Divorce Law FAQ

Q: What Is the Average Retainer Fee for a Divorce Lawyer in California?

A: A retainer fee is a payment in advance that a client makes to a lawyer. This is typically seen as a downpayment on the services they will be using in the near future. The average retainer fee for an Orange County divorce attorney varies based on how complicated a case may be and how much experience a lawyer has. On average, they can range from $2,500 to $10,000 or more.

This is often not the total cost of services but could cover a significant portion of expenses. In situations where an Orange County divorce lawyer does not use all of the funds, anything outstanding will be returned to the client.

Q: How Much Does It Cost to File for Divorce in Orange County?

A: The state of California is responsible for setting a basic filing fee to initiate a divorce. It currently costs $435 to do this. Responding to a divorce petition also costs $435. This is only the beginning of expenses, as other necessary activities to advance a divorce case will add additional costs. This could include serving papers, any court-mandated courses, or having to hire professionals like forensic accountants to assist in dividing assets.

Q: Do I Have to Pay for My Wife’s Lawyer in a California Divorce?

A: If both parties are comfortable with their finances independently, then it is unlikely that one party will have to pay for the other’s divorce attorney. However, there are scenarios where one struggling party may be awarded free legal services from a court’s request for their ex-spouse to cover the costs.

This ensures that both sides have equal representation for a fair divorce proceeding. If this happens in a case, it is likely just the start of a spousal support arrangement that will extend beyond the conclusion of the divorce in court to ensure the lower-income party is able to maintain the quality of life they have become accustomed to.

Q: What Is Divorce Mediation?

A: If someone mentions divorce mediation, they are referring to a process where a neutral third party steps in to assist a couple struggling to see eye to eye on some issues that are preventing their divorce from proceeding forward. The mediator will sit down with both parties and discuss contentious issues, such as the division of their assets, child custody, and anything else giving them trouble.

This approach can be much less stressful than going to court, as it also saves both parties time and money to help them move on with their lives faster. However, sometimes conflicts are too difficult to resolve in this manner and will have to advance to court to reach a final decision.

Feel Confident in Your Divorce Litigation

If you are facing divorce litigation and are feeling lost, contact an Orange County divorce attorney at Quinn & Dworakowski, LLP. Litigation can feel extremely overwhelming, but securing legal counsel who will take the time and effort to help you move forward as amicably as possible with your ex-spouse can significantly ease all traditional burdens. We would be honored to walk you through this process as soon as you’re ready to start.