Brea Divorce Lawyer

Brea Divorce Attorney

Whether you and your soon-to-be ex are still amicable or tensions are high, divorce proceedings are never easy. These legal matters can be mentally and financially exhausting. From the needs of minor children to the split of marital property, there is a wide range of important decisions you will have to make. To ensure you have the right support during your divorce, retain the services of a Brea divorce lawyer who can guide and represent you throughout it.

The team at Moranda Law Firm, APC, is committed to offering superior legal services for residents of Brea who are going through divorces. We can assist you through complex legal proceedings, help you file paperwork, and represent you in family court. Don’t wait to ask our family law firm how we can help you today.

What Constitutes a Divorce in California?

In the state of California, a divorce is a legal procedure that takes place when a married couple wants to end their legal union. The divorce process involves the division of assets, determining the need for alimony, discussions on child support and custody, and more. Because California is a “no-fault” divorce state, couples do not have to assign guilt if they wish to end their marriage. Instead, if a couple wants to divorce, they can state that there are irreconcilable differences.

Contested Vs. Uncontested Divorces in California

The two main types of divorce in California are known as “contested” and “uncontested.” A contested divorce is one that involves two spouses who cannot agree on issues like property division and child custody. In these cases, a judge will ultimately be the one to make decisions on each divorce matter. This is done through a wide range of court proceedings. While contested divorces may seem daunting, they can still be settled with the help of a skilled lawyer.

However, for many couples, the financial and emotional tax of a contested divorce can be avoided. If divorcing couples are still amicable or at least on good enough terms to make decisions together, they can file for an uncontested divorce. An uncontested divorce occurs when both spouses are able to negotiate the terms of their divorce without a court’s help.

Choose the Moranda Law Firm, APC

Retaining the right legal counsel is crucial to ensure that your voice and wishes are respected during your divorce. Since 2013, the Moranda Law Firm, APC, has been handling family law cases with compassion and trusted skill. We understand the nuances that go into California divorce cases and are prepared to help you navigate your unique situation.

Divorce proceedings can be lengthy matters, especially in cases with extensive conflict. Our attorneys are here to assist you during these challenging times. If you are seeking a Brea divorce lawyer who can handle your case with the care and empathy you deserve, the Moranda Law Firm, APC, is here for you.

How to Plan for Divorce in California

Divorce is no simple breakup. Not only is it an emotional decision, but it contains various logistics that may feel overwhelming while you’re trying to figure it all out. It never hurts to prepare yourself for these complicated matters and figure out what exactly you should do before filing for divorce in Brea, California.

• Organize Your Finances: It is a good idea to get a better understanding of where you and your spouse are financially. In order to receive your fair share of assets and debts, you should document these numbers.
• Establish Your Own Line of Credit: If you share credit with your spouse, it might be difficult to purchase a home or a car after your divorce. A simple path to obtaining and building your own credit score is getting a credit card in your name only.
• Collect Income Documentation: Before you officially file, you’ll want to gather paperwork that details your income as well as your spouse’s. It is a good idea to obtain copies of pay stubs and tax returns if you and your spouse are salaried employees.
• Set a Post-Divorce Budget: This is where you get to decide how you want to live once your divorce has gone through. Evaluate your income and monthly needs and begin to build a solid budget now instead of getting overwhelmed by the change in finances later.
• Determine Your Living Situation: Depending on your situation, it might be a good idea to wait to move until your divorce is final. Moving out prematurely could affect your interest in the property. However, if the situation worsens and you need to move out, consider offering to pay for half the mortgage to keep a legal interest in the property on file.

How to File for Divorce in California

If you’re looking to file for a divorce in California, there are several steps you’ll need to take. To file for a divorce, you’ll need to obtain a variety of forms from your local family court. One of these will be a petition for the dissolution of your marriage. If you are the filing spouse, you will fill out this petition and other required forms and then submit them to your local court. Once it is approved, you’ll then have to legally serve your spouse with the divorce documents.

Divorcing With Children in California

When minor children are involved in a divorce, this can add a complicated layer to your proceedings. Elements like child support and child custody must be taken into consideration during litigation or mediation.

• Child Custody: In divorce cases involving minor children, matters of child custody are a high priority. It is the responsibility of your judge to decide what is in the best interest of your children. This means that despite what each parent may want, a judge will make their decisions on physical and legal custody based on what is optimal for the child.During the determination of custody, the courts will consider many factors including the parents’ individual abilities to care for the children, each parent’s income, the child’s relationship with each parent, and more. Depending on what the court feels is right, sole or joint custody will be awarded.
• Child Support: In general terms, child support is money paid from one parent to the other to help with the basic expenses that come with caring for a child. As with child custody, child support arrangements must be agreed upon by both divorcing spouses, otherwise a judge will make the decision.judge will then consider factors like the income of each parent, their potential upcoming earnings, how much time they spend with their children, and the expenses they deal with on a normal basis to make a final ruling. Generally, the parent with less parenting time will end up paying child support.

FAQs

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

A: In the state of California, attorney fees for the counsel and representation of a divorce case vary based on many factors. For example, the complexity of your case, the length of time it takes to settle, the services you need, and the experience of the lawyer can all impact the exact rate that an attorney charges. Before hiring a divorce lawyer, it’s smart to discuss their rates and any additional fees during your initial consultation.

Q: Is Everything Split 50/50 in a Divorce in California?

A: The state of California follows community property laws when it comes to divorce. While it is assumed by many that this means an equal split, this isn’t always the case. Community property laws require that marital property is evenly divided and each spouse receives a fair share of their joint assets. Because not all assets can be split in half, the court will divide them in a way that is as fair as possible.

Q: What Is the Five-Year Rule for Divorce in California?

A: In the state of California, a couple that has been married for five years or less, has no children, and owns little property, may seek a summary dissolution. In basic terms, this is an easier way to obtain a divorce or end a domestic partnership. The proceeding is less expensive and doesn’t require much paperwork.

Q: What Is a Wife Entitled to in a Divorce in California?

A: In California, a wife may be entitled to up to half of all assets and property, along with a certain percentage of her partner’s income, for spousal support and child support. However, these factors are all dependent on the case itself and things like income and expenses.

Reach Out to Our Experienced Brea Divorce Lawyer and Law Firm Today

Obtaining a divorce in California can be a complex and overwhelming matter, but that doesn’t mean you have to go through it alone. The counsel and representation of our experienced law firm can be an immense help as you navigate the dissolution of your marriage. Contact the offices of Moranda Law Firm, APC, for a free consultation today. We are here to fight for your rights and those of your loved ones.