Laguna Hills Divorce Attorney

What is Divorce?

A divorce in Laguna Hills takes about six months to achieve as long as the parties can agree on the terms of the divorce.

Divorce or dissolution of marriage is the legal process of terminating a marital union between two partners. In order to finalize a divorce in California, the following must be met:

1. You and your spouse or former spouse have lived in California for at least six (6) months and the spouses or former spouses have been living separate and apart continuously for at least one (1) year prior to filing
2. You must submit all the required divorce forms on your state’s website.

Divorce procedures vary depending on the state, and it is recommended you speak with a divorce lawyer who understands the requirements from where you live. Suppose you are dealing with a divorce matter in Suffolk County, Irvine, Laguna Woods, Laguna Hills, Mission Viejo, Costa Mesa, or Lake Forest in California, our experienced Laguna Hills divorce lawyer from Trevino Law can give you legal advice!

Contested Divorce vs. Uncontested Divorce

Contested Divorce

The term “contested divorce” refers to a divorce in which one or both spouses dispute some part of it. Divorce processes take longer, cause more stress, and cost more money to complete.

A contested divorce requires both parties to go through multiple processes before it is completed, including:

• Legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage
• Petition response
• Hiring a lawyer
• Obtaining facts from your spouse and third-party witnesses (divorce discovery) (e.g., written questions, subpoenas, and depositions)
• Motions and hearings
• Attorney-client settlement ideas and talks
• Litigation if settlement fails
• A court case that must be finished throughout the process
• Appeals If you disagree with the trial court’s decision

Often, couples cannot address concerns during the settlement process. But when that doesn’t work, the divorce judge will take the case to family court.

Their attorneys cross-examine witnesses and make closing arguments throughout the trial. After the trial, the court will issue a final order recording the judge’s decision and finalizing the divorce.

Divorce, particularly contested divorces, is difficult. To safeguard their legal rights, divorcing couples should consult an experienced divorce lawyer.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all divorce-related matters. Before filing for an uncontested divorce, spouses must complete particular legal criteria in each state. Consult a local attorney or check the courtroom website for specifics.

Uncontested divorces are frequently more straightforward than contested divorces since couples may terminate their marriage without ongoing discussions, legal posturing, or court appearances. Uncontested divorces are less stressful and inexpensive. It also tends to keep couples together, which is significant if they have children.

To overcome any divorce concerns, divorcing couples must be able to work together. Working with your soon-to-be-ex to resolve critical financial and child-related problems is one approach to avoid a full-blown legal fight.

California Is the State of No-fault

Before 1970, a divorce petition required justification. You also need to provide documentation to back up your “acceptable” cause for ending your divorce. The procedure will be slow and sometimes embarrassing for one or both partners. Emotional or physical abuse is a significant reason for divorce that may be difficult to establish.

No-fault divorce was first used in California. Without a cause, anybody may file for divorce without having to persuade a court. This relieves both couples of stress and makes divorce more accessible to those contemplating it.

Common Issues in a Laguna Hills Divorce

Each divorce case will have different concerns depending on the duration of the marriage, the properties or assets you hold, whether you have children, and other reasons. Here are some of the most prevalent difficulties that our divorce lawyer in Laguna Hills deals with:

Division of Marital Property

Each spouse in California owns one-half of the communal property. As a result, courts would attempt to split property between divorced couples in an equitable manner. If one of the couples wishes to retain more significant assets, such as a home or vehicle, the other spouse may have to compensate him or her. The purpose is to distribute marital assets equitably.

Division of Debts 

With limited exceptions, each spouse in California is accountable for one-half of the total debts incurred during the marriage. To pay off your obligations, you may need to sell some of your possessions as collateral or develop a better alternative. This is something that a Laguna Hills divorce lawyer may help you with.

Child Custody Disputes

When children are involved in a divorce, a decision must be made on who gets to live with the children (physical custody) and who has legal authority over the children’s education, health, and other matters (legal custody). If you and your husband can’t agree on custody, the Court will have to put you both in front of a neutral mediator who can make an objective custody recommendation. The best interests of the child are always upheld in California, which is why the following considerations are frequently examined during mediation: each parent’s fitness, physical and mental competence to care for children, and the parent’s connection with children.

Spousal Support

If you believe spousal support may be an issue in your divorce, contact our Laguna Hills divorce lawyer for a free first consultation. The length of the marriage, each spouse’s ability to pay, earning capacity, both parties’ health and age, the level of education, the lifestyle you’ve been accustomed to, your sources of income, and any history of past contributions to your spouse’s education or training are all factors that go into determining spousal support. The Family Law Court may decide not to grant spousal maintenance if the marriage is brief.