Newport Beach Divorce Lawyer

Newport Beach Divorce Attorney

It can be a difficult decision, but sometimes, deciding to divorce is healthier for everyone involved. It is not easy, especially when the divorce becomes emotionally charged and complicated, but with a Newport Beach divorce lawyer at your side, you can rest easy knowing that you have a strong advocate at your side.

Whether you are worried about child custody, property division, or spousal support, the team at Engels-Janzen is here to guide you every step of the way and provide clear, practical advice to help you make informed decisions.

The Divorce Process in Newport Beach

The process of getting a divorce in California can seem confusing at first, but it follows a very clear set of steps, and knowing what to expect can make the process less intimidating.

Step One: Filing for Divorce

To start the process, you will need to first file for divorce, which lets the court—and your spouse—know that you are ready to end the marriage. The legal document you need is called a petition, which lets your spouse know what you are asking for when it comes to property division, child custody, and support, and once the petition is filed, it needs to be served to your spouse.

This means that they have to officially receive the paperwork for the filing to be a success.

If your spouse is being uncooperative or refuses to sign the paperwork, you can still move forward with the divorce, but it could take longer and be more complicated than your initial estimate. That is why having a Newport Beach divorce lawyer on your side is important. We can help you get through this stage more smoothly and make sure everything is done correctly.

Step Two: Discovery

Once the divorce petition is successfully filed, both you and your spouse must exchange important information about your financial situation, your assets, and your debts. This is called the discovery phase or the sharing information phase. This is the time for both of you to be open and honest about what you own and what you owe because if one of you tries to hide assets or underreport them, it could lead to bigger problems down the road.

However, sometimes, a couple’s finances are not as simple as listing off bank accounts and car payments. If you are dealing with a complicated financial situation, like business ownership, stocks, or investments, our team at Engels-Janzen can work with financial experts to make sure everything is accounted for and correctly valued.

Step Three: Child Custody and Support

If you have children, the most important part of your divorce is figuring out who gets custody when and what kind of support is needed. California courts always make decisions with the best interest of the child, or children, in mind, which means they look at things like how well each parent can take care of the child, the child’s emotional needs, and which parent the child is most comfortable with.

However, that doesn’t mean that one parent gets cut out. There are two types of custody in California: physical custody and legal custody. Legal custody is who gets to make big decisions about the child’s life, such as where they go to school or what medical care they receive, and physical custody pertains to where the child lives or spends the bulk of their time.

The court might decide that joint custody is best for the child, which means both parents will share in the childrearing responsibilities, or they might give one parent sole custody, depending on the circumstances. The team at Engels-Janzen is here to help you understand which scenario might be better for your family.

Child support is also part of the process, and in California, it is calculated using a formula that takes both parents’ incomes and how much time each parent spends with the child into account. At Engels-Janzen, we can ensure the child support amount is fair, given your financial circumstances.

Step Four: Spousal Support (Alimony)

In some divorce cases, it is possible that one spouse could be entitled to spousal support—which is also called alimony. Spousal support is meant to help the spouse who might not be able to financially support themselves after the divorce. To figure out if spousal support is necessary, the court looks at things like how long the marriage lasted, the income of both spouses and each individual spouse’s ability to support themselves.

In marriages that last only a few years, spousal support is generally granted on a temporary basis, while in longer marriages, it could be granted for longer. At Engels-Janzen, our Newport Beach divorce lawyers can help you understand what kind of support you might get—or need to pay—and ensure it is fair.

Step Five: Property Division in California

California is a community property state, which means that most property bought while you are married is equally shared between the spouses—homes, cars, bank accounts, and even retirement funds. However, sometimes, it is not as simple as dividing everything 50/50. The court takes the overall value of property into consideration and determines what a fair division would look like.

Separate property, on the other hand, are things that one spouse owned before the marriage—or anything received as a gift or part of an inheritance. If you have a lot of separate property, such as a business you started before the marriage or an inheritance you received, it is important to make sure it is treated fairly in the divorce. At Engels-Janzen, we can help you protect your assets and ensure your property is correctly divided.

Step Six: Post-Divorce Modifications

Even after a divorce is final, circumstances can change. Maybe one parent gets a new job or has to move away, or maybe the needs of the child—or children—change as they get older. Sometimes, divorce orders for child custody, child support, or spousal support might need to be looked at again. If this happens, Engels-Janzen can help you file for a modification and ensure the new order fits the needs of your new circumstances.

How Engels-Janzen Can Help

At Engels-Janzen, we understand that no two divorces are the same. Our team is committed to providing you with personalized, practical advice every step of the way for your unique case.

Divorce is never an easy decision to make, but with the right legal help, it doesn’t have to be overwhelming. We can be by your side to make sure your rights are protected, your interests are represented, and that the future you want is secured.

Whether you are facing a high-conflict divorce, dealing with child custody issues, or figuring out how to divide your assets, the Newport Beach divorce lawyers at Engels-Janzen will work hard to find a solution that works for you. We are here to make sure you are not just getting through the divorce but that you are setting yourself up for success.

FAQs

Can I Stay on My Spouse’s Health Insurance After the Divorce Is Finalized?

In Newport Beach, once the divorce is final, you can no longer stay on your ex-spouse’s health insurance plan. This is because most employer-sponsored plans only cover the legal spouses of their employees. It is very important to plan for alternative health insurance options before the divorce is finalized so you can avoid any gaps in coverage.

Can I Move Out of State with My Children After a Divorce?

It depends. In California, you have to get permission from the other parent—or the court—before relocating your life. The court considers what is in the child’s best interest, the reason for the move, and how it will affect the current custody arrangement. The legal team at Engels-Janzen can advise you after reviewing your case.

Can My Spouse and I Use the Same Lawyer for Our Divorce?

Unfortunately, a single lawyer cannot represent both spouses in a divorce, as it would be a conflict of interest. Lawyers need to work in the interests of their clients, which they cannot do if they are representing both of you. If you are ready to get started on your divorce, the team at Engels-Janzen will review your case and guide you toward your next steps.

Can I Change My Last Name Back to My Maiden Name During the Divorce?

You can request to change your last name during the divorce process. It is a straightforward process, and once the court grants it, you can update your name on all your important documents, such as your driver’s license, Social Security card, and bank accounts. If you don’t ask for the name change during the divorce, you can still petition the court later to make the change.

Don’t Delay; Reach out to Engels-Janzen

Going through a divorce can be one of the worst things you will ever experience, but you don’t have to face it by yourself. The experienced attorneys at Engels-Janzen understand the emotional and legal complexities involved, and we are here to guide you every step of the way.

Whether you are dealing with property division, child custody, or support matters, our team is committed to protecting your rights and helping you move forward with confidence.

Contact us today to schedule a consultation and take the first step toward a brand new beginning.