Orange County Divorce Lawyers

Divorce is a massive undertaking that can change almost every aspect of your life, and there can be added complications if you or your spouse are lawyers. Divorce is common among lawyers — they can have high-stress jobs that require working long hours, especially when they work for a large law firm. Depending on the types of cases they’re exposed to, any negative emotions may spill from work into their home lives. Though your divorce is going to end the same way as everyone else’s, the path to get there and your life following can have factors that non-lawyers may not experience.

These factors can make your divorce more complicated, and the assistance of highly trained lawyers can make your process much easier. The Orange County family law team at the Law Offices of Lisa R. McCall is experienced in representing lawyers going through a divorce and can help mitigate the factors you may experience as a lawyer going through a divorce, such as asset protection and career impact. If you’re concerned about the effects of a divorce on your life, contact our law firm today for a consultation.

Understanding Divorce Litigation

Divorce litigation is not necessary for every divorce, but is required when spouses cannot agree on substantial issues regarding the marriage. In litigation, the issues that remain outstanding between spouses are presented to the family court to be resolved in an evidentiary hearing or trial. This is where the help of experienced Orange County divorce attorneys can help

Examples of When Divorce Litigation Is Necessary

We work diligently toward settlement in an attempt to avoid litigation, which is costly, time-consuming, and creates a great strain on families. However, in certain cases, litigation is necessary. The following are some examples of when divorce litigation is necessary.

Do You Really Need a Lawyer for Divorce?

One of the biggest mistakes anyone can make as they prepare for divorce proceedings is believing that they can handle their divorce on their own. Divorce carries significant financial consequences for both spouses, and some may think that the investment in legal fees would only amount to money wasted. This is far from the truth. Hiring Orange County divorce lawyers not only increases your chances of securing the results you hope to see from your divorce but also ensures your legal standing is not hindered by procedural issues. You can also focus on your work and personal affairs while your Orange County divorce attorney handles your legal matters, taking a great deal of stress out of the experience for you.

It’s not uncommon for people facing divorce to think they already possess all of the information and documentation relevant to their case. However, it is unlikely that the average person will be able to uncover all of the evidence they will need to secure their ideal divorce decree. Hiring an attorney provides peace of mind and inherently strengthens your case. Your attorney can handle the legal procedures involved in your case, explore all available evidence to ensure your case is as strong as possible, and ultimately provide you with the best chance of securing a positive result in your case. While you will be responsible for legal fees, the cost of representation will be far less than you can expect to lose if you attempt to navigate your divorce case without legal counsel.

Being a lawyer, you are likely familiar with legal requirements and court processes. However, family court has a lot of nuances and regulations you may not recognize unless you are a family law attorney. Experienced Orange County divorce attorneys like those at the Law Offices of Lisa R. McCall have represented people in divorces for years and know how to protect you in your divorce. Even if you are a divorce attorney, you may be too emotionally invested in your case to handle it with the impartiality required to be successful. Your reputation and career can also be damaged if you handle your divorce improperly, even if it was accidental.

Challenges in Cooperation

Every divorce involves certain areas where spouses disagree, particularly at the outset. Over time, many of those issues are able to be resolved through negotiation. However, sometimes the circumstances of the divorce make it impossible for one or both spouses to work together to reach the resolution of the major issues in the divorce, sometimes because of personality conflicts, sometimes because of differing opinions on the law, and sometimes because of the nature of the conflict.

Hiring Orange County divorce attorneys can help you stay objective and rational as you begin your divorce proceedings. When emotions run high during a divorce case, an experienced Orange County divorce lawyer can help you stay focused on your priorities and ensure the case proceeds as smoothly as possible. Your attorney will also help you understand the legal statutes that are likely to come into play as your case progresses, so you are fully prepared for each phase of your divorce case.

Another benefit of hiring Orange County divorce attorneys to assist in your divorce is the fact that you will have easier access to relevant experts who can potentially weigh in on your case in a professional capacity. Expert witnesses can help with difficult financial issues, clarify medical concerns related to your divorce, and support your case in many other ways.

Divorce is inherently an emotional issue no matter how sure you are that you must end your marriage. You need an attorney on whom you can rely to guide you through your proceedings with professional and measured legal counsel. Your Orange County divorce attorney can be an incredible asset thanks to their ability to defuse conflicts and encourage mutually beneficial cooperation. When civil negotiation is impossible, your attorney can guide you through the litigation process with more confidence.

What Can You Not Do During Divorce?

One of the most important legal services your Orange County divorce lawyer can provide is objective advice. Your attorney can help you approach your divorce case with greater confidence and also help you refrain from making serious mistakes as your case unfolds. There are a few things that you should never do during a divorce case. To ensure you have the greatest chance for a positive result, consider the following:

• Refrain from using social media. Posting public comments about your divorce case is a very bad idea. You should acknowledge the fact that every post you write to a social media profile is essentially public information. Talking about your case in any way can backfire tremendously on your case. Feel free to browse your social media feeds but do not post anything that could potentially interfere with your proceedings or reflect poorly on your position in the case.
• Do not try to weaponize your children against your spouse. If a child custody and support determination is part of your divorce, you must acknowledge your spouse’s parental rights and do your best to separate your personal relationship with your spouse from your shared responsibilities as parents. Being consistent with your home and children is one of the best things you can do to make the divorce process easier for your children to handle.
• Do not try to hide your assets. One of the most important parts of the divorce process is property division, and California upholds a strict community property statute. Attempting to hide any assets to prevent your spouse from obtaining their share will only work against you and may even result in criminal penalties.

Any of these actions could not only jeopardize your position in your case but also lead to substantial penalties. To ensure your divorce case’s best possible outcome, pay attention to your Orange County divorce attorney’s advice and refrain from doing anything that may reflect badly on your position
later in your proceedings.

Should You Separate First Before Divorce?

It is not uncommon for a divorcing couple to separate prior to divorcing. In some cases, this can allow them space and personal freedom to start building their cases. However, it may also be a terrible mistake for you to move out of your family home prematurely. For example, if you agree to separate and decide to move out of your home, your spouse could use this to accuse you of abandoning your family. Even if you intend to operate in good faith, it is essential to seek guidance from your attorney if you are unsure whether to separate before finalizing your divorce. It may be better for you to remain in your family home until your divorce reaches a final result and simply do your best to keep the atmosphere civil and cooperative.

How to File for Divorce in Orange County, CA?

To file for dissolution of marriage or divorce in California, you or your spouse must meet certain residency requirements. Either you or your spouse must have resided:

• In the state for six months — if the custody of minor children is involved in the divorce, they must have also lived in the state for six months with a parent.
• In the county where you’re filing for three months

If you meet the residency requirements, you can proceed with filing for divorce. California is a no-fault state, meaning no proof of wrongdoing is required for the divorce. Simply not wanting to be married anymore is an acceptable reason for a divorce. You can also file for divorce even if the other person in your marriage does not want one. You have the option of a contested or uncontested divorce:

• Contested divorce. A contested divorce occurs when the spouses cannot settle every aspect of the divorce on their own. A trial with a judge is required to settle the issues that the spouses cannot reach an agreement on their own. The judge listens to the case and evidence presented by each side. Then, they decide on the contested issues from this information. You and your spouse have little control over this decision. It is entirely in the hands of the judge. This type of divorce also takes longer, as you must wait for court procedures and formalities. Contested divorces are best for relationships that had any type of abuse to the spouse or child or if one spouse is suspected of hiding assets, income, or other information.
• Uncontested divorce. An uncontested divorce occurs when an agreement can be made for every item that must be addressed by the divorce. Both spouses must agree to how each item will be handled, along with agreeing to the custody agreement if there are minor children involved. This type of divorce offers the divorcing spouses the most control, as they decide how everything is going to be handled. It can also take significantly less time, as the couple creates an agreement and submits it, thereby avoiding most court proceedings. The best candidates for an uncontested divorce are those with little to no assets and no children or a couple that can communicate well enough to create the agreement.

Unreasonable Demands

In some cases, one spouse will simply have unreasonable demands that another spouse cannot agree to willingly. Examples include full custody of the children, child support calculations that fail to follow state guidelines, or refusal to pay spousal support or the other spouse’s need-based attorney’s fees where there is a disparity in income and earning capacity.

Virtually every divorce begins as contested and gradually moves toward an uncontested state. If your spouse was the first to file a divorce petition and their suggested terms are unreasonable, your goal is to move this contested divorce into an uncontested state. Depending on the level of cooperation you and your soon-to-be ex-spouse can reach, this process can either involve direct private negotiation through divorce mediation or an intense court battle in divorce litigation.

Complex Issues

In some cases, issues will present themselves in a divorce that are complex. Examples include attempting to determine custody and support for a special needs child who needs full-time attention and care, determination of cash flow of a business owner for purposes of calculating child and spousal support, calculation of separate property interests in real property or a business, and assessing custody where domestic violence has been perpetrated by a custodial parent against a non-custodial parent or where one parent has substance abuse issues. Where the parties are unable to reach agreement on complex issues, often litigation of some or all of the issues is necessary to reach resolution.

Divorce Mediation

It is always best for a divorcing couple to explore the opportunity to privately negotiate divorce before diving straight into litigation. Even if you cannot imagine have a civil conversation with your spouse right now, willingness to cooperate can allow both of you to take full advantage of the benefits of mediation:

• Divorce mediation is efficient. Typically, the process only requires a fraction of the time and expense of litigation and unfolds on your schedule.
• Mediation is private. When you litigate divorce, everything said in the courtroom becomes public record. If you do not want the details of your marriage to become public knowledge, mediation will allow you to keep these proceedings entirely private. Everything said during mediation remains entirely confidential.
• Divorce mediation keeps you in control over your divorce. When your divorce goes to court, the case unfolds much like any other civil case. While you cannot finalize every aspect of your divorce during mediation, and the agreement you reach privately must align with state laws, you will have far more control over the outcome than you would during litigation.

Mediation takes place with a third-party attorney who does not hold any conflicts of interest that could potentially favor either spouse. Most mediation sessions occur at the mediator’s office, and their job is to maintain a productive negotiation and clarify legal statutes for the parties involved. The mediator also assists in the creation of the couple’s proposed divorce agreement.

One aspect of your divorce that you cannot settle during divorce mediation is settling child custody and child support. California state law requires the family court to ensure any divorce agreement serves the best interests of a divorcing couple’s children. While you and your spouse can develop a parenting plan during your mediation sessions, you cannot finalize anything without a review and approval from a judge.

Other Ways to Handle Disputes in a Divorce

Arguments over assets, alimony, debt, child support, and child custody are common in divorces. As a lawyer, you may have a practice that you need to protect in the divorce, along with student loans you are paying off. There may be a lot of hurt feelings swirling around one or both spouses, making it difficult to resolve issues on their own. Luckily, there are options available to help reach a resolution outside of litigation.

• Arbitration. This method is like litigation in a court, but it takes place in private. The arbitrator is more flexible than a judge, as they are not tied to court proceedings and regulations. The arbitrator can help the couple reach agreements, but the agreements made with an arbitrator are legally binding. The arbitrator makes choices on the marital issues, and the right to litigation is waived through this process.
• Collaboration. Collaborative attorneys guide the case after an agreement is signed, saying the couple will not turn to litigation to solve their case. The attorneys ensure both spouses can speak within the meeting, aiming to negate any power imbalance within the relationship. Unfortunately, if a result is not found, then the attorneys must withdraw, and you start over with a new team. This can extend the amount of time your divorce takes and increase your total costs.

Regardless of the method chosen, all of these methods have the main goal of working together with your spouse during the divorce proceedings. These types of divorce can result in less animosity toward the other spouse compared to litigation. In litigation, there may be feelings of betrayal and anger, as presenting in front of a judge creates a mindset that pits the spouses against each other. The negative feelings from litigation are likely to carry over after the divorce and can taint any situations where the ex-spouses must work together, like co-parenting.

Litigation is also very public and can affect your career as a lawyer. You may be presenting your divorce in front of your coworkers and a judge you could see again in other cases. The way your divorce plays out could affect the way these people see you, which can also affect your career progression.

How Quickly Can I Get a Divorce?

California has a mandatory six-month waiting period before a divorce is official, meaning your divorce will take at least six months to complete. The court intends this period to be an opportunity to resolve any conflicts and potentially reconcile the marriage. This waiting period begins immediately following the divorce paperwork being filed. Your divorce cannot be official until the end of it, even if the court issues a judgment before the end of the waiting period.

Outside of this six-month waiting period, the amount of time your divorce takes depends on you and your spouse. If you can resolve all conflicts and your divorce is uncontested before the waiting period ends, then your divorce isn’t going to take much longer than the waiting period. You can be working with the other person continuously to reach an uncontested divorce.

If you cannot reach an agreement, your case will go to trial. Litigation for your divorce can take months or even years, depending on the number and complexity of items you were unable to agree on. California has community property rules, which state all marital property must be divided equally in the event of a divorce. Child custody issues can also lengthen the litigation period, as the judge must collect evidence to ensure their choice is in the best interests of the child.

What Is the Cost of Divorce in California?

Starting a divorce case by filing the papers can cost between $435 and $450. Costs increase from this point, depending on the choices you make and the complexity of your divorce. Factors that affect the cost are how many assets need to be divided, the number of children you have, and how much of what is previously listed you can find a mutually satisfactory agreement for. You may be able to work with your spouse and resolve your divorce with little outside help, enabling you to use online help forums for filing. Unfortunately, most divorces cannot be solved this easily, so the cost ultimately includes lawyer fees, mediator/arbitrator fees, and court costs. The average cost for a divorce in California is around $17,500.

When to Know It’s Time for a Divorce?

Couples divorce for many reasons. If you are unsure whether it is time for you to start preparing for divorce proceedings, this will require personal reflection and discussion with your spouse. Many couples attempt marriage counseling and adjust their routines to try to overcome their differences. If these efforts prove fruitless, then they must come to a mutual decision to divorce. In some cases, only one spouse is fully prepared to commit to divorce while the other wishes to stay married. While difficult, it may be necessary to accept the fact that your marriage is ending, and you must start preparing for divorce.

Divorce informally begins once you and your spouse decide to end your marriage. The formal process begins once one of your files a divorce petition. It doesn’t matter which one of you is the first to file a divorce petition, and the other spouse must provide the court with a response within 30 days. If they fail to do so, the court will likely rule in favor of the petitioner. The judge overseeing the case will evaluate the relevant legal issues pertaining to the petition before delivering a ruling. It is vital to provide a timely response if your spouse is the one to file for divorce first.

Contact Experienced Orange County Divorce Attorneys Today

No matter your circumstances, you should always have legal representation to ensure your rights are protected in your divorce. Contact an experienced family law attorney at the Law Offices of Lisa R. McCall, A Professional Corporation, at 714.415.2685 or online today to schedule a consultation.