Orange County Family Law Attorneys

Understanding Divorce in Orange County

For many once-married individuals in Orange County, the divorce process is extremely overwhelming. So many decisions need to be made involving finances, future plans, and children, if applicable. This is a common occurrence in Orange County, as 33 people, on average, initiate divorce proceedings every day. This number alone highlights the significance of this process, which so many families endure every day in the region.

If you are about to enter this process, it’s important to know that California is a no-fault divorce state. This means each spouse does not need to prove that the other did anything wrong to justify their divorce filing. One of the most common reasons why California married couples decide to separate is due to “irreconcilable differences.” It’s a broad term suggesting that the relationship cannot be repaired.

To officially file for a divorce in Orange County, you need to:

• Verify that at least you or your soon-to-be ex-spouse have lived in California for the last six months and in Orange County for the last three. If not, you must wait until one of you meets these criteria.
• The process starts by filing an official petition for dissolution of marriage with the Orange County Superior Court.
• Once this has been filed, there is a mandatory six-month waiting period before the divorce can be finalized.

Each spouse will have their own goals for the process. Some of the most common issues these individuals need to address include:

• Dividing assets and debts. California is a community property state. This means any assets or debts accumulated during the marriage will be divided 50/50 before the divorce is finalized.
• Child custody and visitation. If there are children involved, the court will issue a custody order based on what it believes is the most suitable arrangement after reviewing all available evidence.
• Child and spousal support. Financial support could be offered to either parent if there is a significant income disparity between the two individuals. This is determined based on annual income, financial needs, and the selected custody arrangement.
• Domestic violence concerns. If there is any suggestion that one of the individuals entering the divorce has a history of being abusive to either the other parent or their child, the court may issue a temporary protective order and adjust the custody arrangement until a final ruling has been made.

While divorces can sometimes be extremely contentious, they may be more amicable in others. When two individuals seemingly agree on what they want from their divorce, the temptation to “self-represent,” rather than hire a divorce attorney, often arises. However, this could get you in a lot of trouble later. Unexpected issues still arise; while you might still trust your ex-partner, you never truly know what someone’s intentions are.

Establishing Parentage in Orange County

Sometimes, it is not always clear who the parent of a child is in Orange County. In these cases, establishing parentage or paternity is an important legal issue for many families to overcome. It’s often necessary before a couple can move forward with other family law decisions, such as custody and visitation.

In FY 2024 alone, Orange County saw 953 instances of parentage establishment, demonstrating just how crucial this process is for families in the area. Determining a child’s parent can be done through several means, including:

• Voluntary declaration of parentage. If both parties agree, they can sign a voluntary form at the hospital or later in family court declaring who both parents are.
• Genetic testing. If parentage is being disputed, the court may suggest ordering a DNA test to settle the conflict.
• Court order. Either parent is welcome to file a petition through the Orange County family court to establish parentage.

This matters for a number of reasons. First, when parentage is clear, it gives the child in question legal rights to both parents. Health insurance, Social Security benefits, and potential inheritances are just a few examples of the value a child can derive from this process. It can also establish a clearer framework for shared parenting responsibilities and financial support. If you’re unsure who the other parent of your child is, work to resolve this matter as soon as you can.

What You Need to Know About Child Custody in Orange County

One of the more emotionally charged aspects of family law is determining who will care for the children in question and how their time will be split. The Orange County courts always prioritize the child’s well-being, so you must provide evidence that you can meet all your child’s needs. Without doing so, you may not get to have as much time and responsibility for your child.

There are two main types of custody in Orange County to be aware of:

• Legal custody. This establishes the right to make important decisions about a child’s life, such as where they go to school, what medical care they receive, and what religion they follow.
• Physical custody. This decides where a child will live and how they will split their time between both parents.

Legal and physical custody can either be shared by both parents through a joint arrangement or awarded to just one parent. This decision is made by looking into a few different factors, such as:

• How old a child is and what their unique needs are
• Each parent’s ability to provide a stable environment
• The extent of the emotional ties between the child and their parents
• If there is any history of substance abuse or domestic violence
• The child’s preference if they are old or mature enough to express one

In general, the courts are motivated to issue a joint custody arrangement as much as they can. They want both parents to remain active in a child’s life, despite the divorce. However, if there is any reason to believe one parent cannot handle the responsibility or could put a child’s well-being in danger, the courts will intervene and prevent that from happening through a sole custody arrangement.

Mediation as an Alternative Dispute Resolution Method in Orange County

There is no requirement that every family law matter needs to enter an Orange County courtroom. In fact, many couples who are on good terms look to mediation as an alternative resolution method for finalizing their divorce. It can be an attractive option for couples looking to enter a less combative and more personalized way to resolve their outstanding legal matters.

Mediation is the process of working with a neutral third party to facilitate conversations with your partner. This individual is trained to help the parties better understand each other’s perspectives and reach mutually agreed-upon decisions. The mediator does not make decisions like a traditional judge would in a family law case. Rather, the couple will take the conclusions they make in mediation sessions and submit them to a judge. As long as there is no evidence that these decisions are harmful to either individual or any children involved, the judge will approve.

Some often-cited benefits of mediation include:

• Confidential process. Unlike court hearings that happen in a very public manner, mediation sessions happen behind closed doors. They are private and discreet. It’s an attractive component of mediation sessions, especially when discussing sensitive matters.
• Less adversarial tone. Mediation sessions promote cooperation over confrontation. This is an especially important characteristic when there are children involved, as ongoing co-parenting will be required.
• Empowers participants. Both parties have more influence over the outcome, as they will be encouraged to share their perspectives throughout the entire experience. This is a stark difference from entering a trial and leaving the outcome to a judge who is just learning about your family history.
• Saves time and money. The mediation process typically resolves disputes much faster, with lower legal fees, than going to trial.
• Greater compliance. Agreements reached through mutual consent are traditionally more likely to be honored long-term. This can reduce the risk of needing to resolve future legal disputes if one parent decides not to honor the terms of a court ruling.

Qualities to Seek in an Orange County Family Law Attorney

It’s important to research which qualities make a strong family law attorney, as this decision can greatly determine the outcome of your case.

Some key qualities to look for include:

• Deep local experience. Orange County has its own set of procedures and judges. A lawyer who already has experience with this local court system, like handling cases at the Lamoreaux Justice Center, can better anticipate what is to come and prepare for it, which can benefit their clients.
• Strong communication skills. Your attorney should be able to translate complicated and overwhelming legal terminology into plain language. This can help you better understand each step in your case and what decisions to make.
• Problem-solving mindset. The strongest family law attorneys are focused on resolutions. Look for someone who can attest to their negotiation skills and is open to helping you take less adversarial paths when necessary, like mediation.
• Professionalism. You’re going to be discussing sensitive and personal matters with your lawyer, especially in family law cases. It’s important to find an attorney who exudes professionalism by actively listening to your concerns and respecting your values.

With such high stakes in family law cases, it’s important that you are represented by someone who knows what they are doing. Take a serious look at their online reputation and bring up your questions during an initial consultation.

FAQs

Q: How Much Does a Family Lawyer Cost in California?

A: The cost of hiring a family law attorney in California varies per case based on factors like how experienced the attorney is and how long it takes to work on your case. Each attorney also charges differently as well. Some prefer to bill by the hour, while others feel more comfortable working on a per-service basis. Other costs could also add up, such as filing fees, so be sure to ask your attorney upfront what to expect financially so you can budget properly.

Q: When Should You Hire a Family Lawyer?

A: You want to hire a family lawyer as soon as you become aware of a legal dispute. They can help you manage a divorce, child custody, or paternity claims. They could also be called on to enforce a domestic violence restraining order. Even if you are on great terms with the other party in your case, it’s still wise to hire an attorney so they can make sure all agreements are legally sound and enforceable. If you wait too long to bring an attorney in, you risk making unforced errors.

Q: How Long Do You Have to Pay Child Support in California?

A: Child support traditionally continues until a child turns 18 years old. However, if the child is still in high school full-time or living with a parent, the payments could still continue until they are 19. It’s important to be aware of this timeline and plan accordingly when negotiating and budgeting for support payments. Some parents may also agree to continue support payments beyond this age requirement, especially if the child is attending college and has financial needs.

Q: What Happens If Parents Can’t Agree on a Custody Arrangement?

A: If both parents are struggling to come to an agreement on their own or through mediation, the court will need to step in and make a final decision. When this happens, the judge will evaluate:

• The child’s interests
• The home environment that each parent can provide
• Whether there is any history of abuse to be concerned about
• The work schedules of both parents
• The child’s preference if they are mature enough

If a judge needs more information to make their final verdict, they may order a custody evaluation or investigation.

Contact the Law Offices of Lisa R. McCall Today

Our Orange County family law attorneys focus on litigation, mediation services, and writs and appeals. We offer custom strategies and solutions for our clients. When fighting for your family’s future, you want a lawyer who is going to provide powerful and passionate counsel, regardless of the issue. We can help. Contact us today.