All situations are different. Getting divorced, whether sudden or a long-expected event is never easy for either spouse. On top of associated legal fees, the real cost of the divorce process can be seen in what divorcing parties go through emotionally. Getting a divorce is difficult for couples with no children, and even more so for those who have. Such is especially true for those who are going through an adversarial divorce procedure, where divorcing parents do not agree on most issues.
At the start of the divorce proceeding, certain steps must be taken to safeguard your interests, your finances, and the best interest of the children involved. This article will discuss steps that must be taken, the first of which is to hire a lawyer early on. This, of course, is key to protecting the legal rights of those involved.
The role of Orange County family law attorneys
California has strict divorce laws. Regardless of county, no one should enter the California Divorce Court, without legal help from a competent divorce attorney. A divorce law expert can answer all your important questions on mediation, alimony, child support, physical custody, parenting time, and child visitation. They can also look closely into your would-be divorce filing, and give legal advice on ways to protect your rights, such as what not to do and when to not move out.
Experienced Orange County family law attorneys can also explain to you relevant residency requirements. Under state law, at least one of the spouses filing the divorce petition must have resided in California for at least six months, and have lived in the county (where divorce documents are to be filed) for a minimum of three months.
Taking into account divorce and family law
Divorce cases are generally categorized as either adversarial (contested) or uncontested. Couples who decide to agree on how the dissolution of marriage will take place are said to be filing an uncontested divorce. If this is not the case, there will be a complex legal process where important matters, such as division of property and legal custody of children after divorce, are decided upon through court hearings.
An experienced divorce lawyer can attest that couples end their marriage and file divorce papers for a wide range of reasons. It is, however, important to seek legal representation before proceeding, especially since the legal grounds for divorce can be difficult to understand. Before actually filing for divorce, you must know the steps that you must take.
To protect yourself financially, for example, you must know when to cancel joint credit cards and how to safeguard joint bank accounts. You must be able to know which paperwork, records, or other documentation would be useful when you lobby for child support or spousal support. Discuss these with your divorce law attorney as well. Financial accounts, emails, or even phone records may be used in your divorce case.
Legal help for divorce filings involving children
In general, child custody rights, or legal decision-making rights, are awarded to both parents who decide to get a divorce. The actual would-be court order, however, will be largely influenced by one’s criminal record, mental health issues, or history of domestic violence, child abuse, or substance abuse.
Additionally, it is important to keep in mind that joint legal decision-making does not necessarily mean equal parenting time. For the best interests of the child, the parenting plan (designed by either the parents or the family court) will also take into account parental communication, transportation, and vacations and holidays. Competent Orange County family law attorneys can explain this in detail.
If you have plans of filing a divorce, or if you have questions on marital separation, spousal maintenance, or family law cases in general, contact our divorce lawyers. Our law firm can help you with how to file and fill out forms required by the divorce court.
Give us a call. Consult with our experienced Orange County family law attorneys from Trevino Law, Inc.