Costa Mesa Divorce Lawyer

Costa Mesa Divorce Attorney

Divorces are sometimes inevitable. Whether you and your spouse have agreed to legally separate or you have made the decision independently, it may be wise to seek the help of a Costa Mesa divorce lawyer who can walk you through the process and assist with all aspects of a legal separation.

With over 15 years of combined experience, the Costa Mesa divorce lawyers at Engels-Janzen offer family law representation that is smart, strategic and compassionate. We understand how difficult divorce can be for the entire family, and we focus on providing divorce solutions that protect you and your children while safeguarding your long-term financial interests.

A Basic Overview Of Divorce In California

The legal term for divorce in California is dissolution. When you file for divorce, you file a petition for dissolution. The state of California does not require fault in order to file for dissolution, as it is a no-fault state. This means that you can divorce for any reason, and that reason cannot be held against you for the dissolution itself.

Fault is sometimes a factor in matters like spousal support, custody of children and child support, which can get complicated and confusing. The dissolution process is not an easy one, though. It is complicated to navigate and requires an attorney with a strong knowledge of the law and the court system. That’s what you can expect when you work with our firm.

Super Lawyers has named Chris Engels a Top Rated Family Law Attorney in Costa Mesa and selected him as a 2022 Rising Star

Common Areas of Contention

Some of the most common areas of contention following a separation include:

• Division of marital assets and debts.
• Deciding the future of a mutual business.
• Child custody issues and child support
• Spousal support.

The trusted team at Engels-Janzen is adept at managing all these aspects of a legal separation, providing personalized support for each client, and providing compassionate and vigorous representation to ensure our clients and their families can successfully transition through this often difficult stage.

Addressing Division Of Property

California is a community property state, which means that any property and financial asset, no matter where situated, while acquired during marriage, is presumed to be jointly owned. This also applies to marital debt. That definition is a mouthful and much more complex than “each spouse gets 50% of everything.” Community property is a presumption, and there are many factors that contribute to rebutting that presumption when fighting for separate property rights.

When considering what does or does not constitute marital assets, a court judge also takes into consideration any marital assets that were used to contribute to a separate asset. For example, suppose you lived with your spouse on a property that was owned by them before marriage, but you used your income or other assets during the marriage to invest in the property. In that case, it is considered commingled and thus marital property.

Clearly, the topic of property division during a legal separation can be complex. When you are fighting over houses, cars, stocks, bonds, retirement, pensions, checking accounts, debts, loans, and anything else that you own, you want to make sure you have someone who knows the law and will fight for you like the attorneys at Engels-Janzen.

Read our answers to some commonly-asked questions about divorce in California.

Protecting A Closely Held Business In Divorce

Oftentimes couples have businesses that were started before marriage, during marriage and even a business partnership with their spouse. Business valuations and divisions are complicated and may require expert testimony to fully understand the scope and value of the businesses.

Christopher Engels is a business owner, has employees and understands the inner workings of small, medium and large businesses. With the aid of Engels-Janzen‘s exclusive accounting and business valuation expert, we can make sure you get all you are entitled to when it comes to community property business valuations.

Determining Child Custody and Child Support

For couples who have children and are going through a divorce in Costa Mesa or California in general, the question of child custody rights and child support responsibilities may throw a wrench into divorce proceedings when couples are not in agreement about their children.

It may be beneficial to work with a family law attorney who can provide an objective perspective on child custody and support law, allowing you to remove some of the emotional barriers to reaching a suitable arrangement.

For child custody, California law makes a distinction between legal custody and physical custody, affording either or both of the parents the right to determine with whom the child lives and who can make decisions about the child’s health, education, and religion, among other things. Each party in a divorce has the right to parenting time, even if they do not have physical custody.

The Child’s Well-Being

Whether custody and parenting time issues are resolved through a parenting agreement or determined by a family court judge, the goal of any child custody judgment should be to prioritize the well-being of the child.

The same goes for child support. California law states that both parents hold the responsibility of providing financially for a child. A child support order may be issued for one parent to pay the parent who has physical custody of the child, with consideration for both parents’ income.

Assessing the Validity of Spousal Support

Another topic that may come up during the dissolution of a marriage is spousal support. Many think that spousal support is only awarded to a female spouse. This is a misconception, as spousal support may be requested by and paid for by either spouse. With the assistance of Engels-Janzen, you can have a clear idea of where you stand if you are petitioning for spousal support during a divorce or if you are challenging your ex-spouse’s alimony claim.

Unlike child support, which is considered a fulfillment of a financial responsibility towards a child, spousal support may be more challenging to secure. California may require a person to provide support to their spouse during the separation process. This is temporary spousal support. Long-term spousal support may also be ordered if the petitioning spouse is unable to become self-sufficient due to:

• Their age.
• Sacrificing their education and career to support that of their spouse.
• Needing to take care of a child with special needs in the home.

The length of the marriage may help determine the length of time an ex-spouse may receive support as long as they are not remarried. Determining the sacrifices and contributions to the marriage, as well as the need for financial support, may not always be straightforward. A skilled Costa Mesa divorce lawyer from Engels-Janzen can advocate on your behalf if your soon-to-be ex-spouse is challenging your petition or if you believe you should not be liable for alimony.

Answers To Commonly Asked Questions About Divorce And Family Law

At Engels-Janzen, we find that clients and prospective clients are filled with questions, and it’s easy to understand why. Your family law case will have a major impact on your life. Below, we’ve answered some of the most common questions we receive. After reading, we invite you to contact us and ask your own questions in a free consultation.

How Long Will It Take To Finalize My Divorce?

Unfortunately, there is no blanket answer to this question. In many cases, couples must abide by California’s six-month waiting period, so it is possible your divorce will take at least that long. However, the other factors that influence the divorce timeline include the complexity of the marital estate, the level of cooperation or contention between spouses, whether or not you have children and the divorce method you use (e.g., litigated divorce or a form of alternative dispute resolution).

We strive to help you complete your divorce as efficiently as possible, but the length of the process will depend on the factors above and more.

Does California Favor Mothers Or Fathers In Child Custody Decisions?

There is no bias toward either gender – at least not in statute (written law) or widespread practice. California judges are not allowed to consider gender when making child custody decisions. Instead, they begin with the presumption of 50/50 custody. Both parents are presumed to be capable until and unless one party makes compelling arguments to the contrary.

It used to be the case that courts and judges tended to favor mothers in custody rulings, and it is possible that some judges are biased in one direction or the other. On the whole, however, parental gender should make no difference and your attorney can help make sure your rights are protected.

How Can I Protect My Small Business During The Divorce?

The best way to protect your business is to work with family law attorneys who also have significant business law experience – like those at our firm. California is a community property state, which means your spouse could be entitled to up to half the value of your business. We will work with you to properly value your business and its assets, then negotiate with the other party to acquire their stake in it (often in exchange for other assets).

I Earn More Money Than My Spouse. Will I Have To Pay Alimony?

Not necessarily. The income of both parties is just one of many factors judges will consider in spousal support decisions. Others include each spouse’s age and health, their earning potential, the overall terms of property and debt division, and more. Judges will also look at whether one spouse made significant nonfinancial contributions to the marriage such as leaving the workforce to care for the children.

Whether you believe you deserve alimony or think you’ll be asked to pay, our attorneys will work with you to ensure that the court has the information it needs to reach a reasonable ruling.

How Big Of An Impact Will Domestic Violence Allegations Have In My Family Law Case?

Family law judges take accusations of domestic violence very seriously (and so do the attorneys at our firm). If substantiated, the accusations would be a major consideration in determining child custody, and they may impact other decisions as well.

While false allegations of domestic violence are not as common as truthful ones, we realize that some parents do make false accusations in order to gain an advantage in court. Our first job is to help uncover the truth and tell your side of the story. If you’ve been abused, the court needs to know that your co-parent may be dangerous. If you were falsely accused, judges need to know that your co-parent isn’t acting in the best interests of the children and no longer has credibility.

FAQs

What Is the Average Cost of a Divorce Lawyer in California?

The cost of a divorce lawyer in California is based on the firm’s location and their years of practice working with clients. A divorce attorney should discuss their fees with you before proceeding with your case. The complexity of a divorce, as well as the ability of both spouses to reach an agreement, affects how long a dissolution may take to be finalized. A lengthy process would most likely lead to higher attorney costs.

What Type of Lawyer Is Ideal for Divorce?

A lawyer who is ideal for divorce is one who has a history of practicing family law in your city or state. Family law cases are different from other civil proceedings. They should be handled by an attorney who understands the specifics of the law and has helped clients navigate through them. It is important to work with a lawyer who understands family law in your state since there are differences in how divorces are handled from state to state.

Who Pays for a Divorce in California?

Both spouses can pay for a divorce in California, including court and filing fees, as well as the cost of the attorney. Either party may request temporary support which may entitle them to payment of attorney and court fees. A judge may also request a spouse who makes substantially more than the other spouse to pay these costs once the divorce judgment is finalized.

What Is a Conflict of Interest in a Divorce?

A conflict of interest in a divorce may arise if an attorney’s representation of one client can adversely affect another client represented by said attorney and vice-versa, per the State Bar of California Rule 1.7. It is, therefore, highly discouraged for a law firm to represent both parties in divorce.

Discuss Your Case With Us For Free

The end of a marriage can be the start of a prolonged legal process where several areas of your life may be affected profoundly. Securing your rights and those of your children through divorce can feel daunting without the guidance of a seasoned Costa Mesa divorce lawyer.

When you need to dissolve your marriage, you want someone you can trust, someone who will fight for you. You will find that here at Engels-Janzen. We are based in Cosa Mesa and serve clients throughout Orange and Los Angeles counties. To discuss your case and get your questions answered in a free initial consultation, call us at 949-269-7709 or fill out our online contact form.