Costa Mesa Divorce Lawyer

Costa Mesa Divorce Attorney

Divorce is a difficult and emotional process. From thinking of getting a divorce to dealing with post-divorce issues, having a Costa Mesa divorce lawyer is imperative to help you navigate the legal complexities of the process. At Moranda Law Firm, APC, our team is committed to helping our clients achieve a favorable outcome that prepares them for the next chapter in life.

Divorce in California

U.S. News & World Report data from 2024 reported that the divorce rate in the United States rose 3.6% from 2021-2022, with 2.4 divorces per 1,000 total population. However, California ranked as the state with the seventh lowest divorce rate in the nation, sitting at 5.88 per 1,000 women. If you are preparing for a divorce, it is important to understand how state laws impact assets, custody, and support.

As a no-fault state, California allows either spouse to file for divorce without having to prove the other’s wrongdoing. All Costa Mesa divorce filings must be made at the Lamoreaux Justice Center in Orange.

Important legal issues that must be addressed during divorce proceedings include:

• Division of property and assets
• Child custody and visitation
• Child support
• Spousal support (alimony)
• Post-divorce modifications
• Mediation and alternative dispute resolution

In order to file for a divorce in Costa Mesa, California, one of the spouses must have lived in the state for six months and lived in Orange County for three months.

Division of Property and Assets

In California, community property guidelines are followed, meaning that any debts or assets acquired throughout the marriage are considered jointly owned and will be divided equally between both spouses. Certain assets, such as gifts and inheritances received only by one spouse, might be considered separate property.

Child Custody

Child custody can be an emotional and contentious aspect of divorce. California courts prioritize the best interests of the child when making decisions regarding child custody assignments. Custody can be categorized as:

• Legal Custody: This grants the right to make major decisions about the child’s upbringing, education, healthcare, and religion.
• Physical Custody: This determines where the child will live and who will provide the day-to-day care.

Parents can agree on a joint custody arrangement, or one parent might be awarded sole custody, depending on the circumstances. Even if parents come to an agreement involving custody, the courts must still approve it and may not sign it if the children’s best interests are not represented.

Child Support

In California, both parents must assume financial responsibility for their children. Child support is typically determined based on each parent’s income, the amount of time the child spends with each parent and other factors the judge determines to be relevant to the situation. Whether you need to establish, modify, or enforce child support payments, our team can walk you through the process and help you fight for your child’s financial security.

Spousal Support (Alimony)

Spousal support, commonly known as alimony, may be awarded to one spouse to help them maintain the standard of living held during the marriage. The amount and duration of the spousal support payments depend on several factors, including:

• Length of marriage
• Each spouse’s earning capacity
• Contributions to the marriage, including homemaking and childcare
• Age and health statuses
• Standard of living during the marriage

Mediation and Alternative Dispute Resolution

Litigating a divorce in court can be costly and time-consuming. Mediating and alternative dispute resolution methods allow couples to negotiate a settlement more efficiently. Our skilled Costa Mesa divorce lawyers help facilitate discussions between spouses to reach an agreement that is mutually beneficial to both parties.

If mediation is not an option, we can aggressively represent you in court to protect your interests and work toward a more favorable outcome.

FAQs

How Much Does It Cost to Get a Divorce Lawyer in California?

The cost of hiring a divorce lawyer in California varies based on many factors, such as the attorney’s experience, the location, and the complexity of the divorce itself. Since many family law attorneys charge per hour, a more complex divorce will take more time and cost more money. Additional costs might include filing and court fees.

What Type of Lawyer Is Ideal for Divorce?

A family law attorney is the ideal choice for divorce. These lawyers hold a strong understanding of state laws regarding the division of assets, parental rights, and spousal support. They understand the complexities of divorce proceedings and work to protect your rights and future. It’s important to work with a local family law attorney who understands local divorce law.

How Much Does It Cost to Get a Divorce if Both Parties Agree in California?

If both parties agree to a divorce in the State of California, the process can move faster, and the cost is significantly less. Costs include an initial filing fee and attorney fees. Since most family law attorneys charge per hour, a simple, uncontested divorce case will not take as much time. However, it’s important to still consider post-divorce expenses, such as spousal or child support.

Can I Get a Divorce in CA Without a Lawyer?

It is possible to get a divorce in California without a lawyer. However, divorce proceedings can be complicated, especially in cases that require establishing child custody and visitation rights. Legal representation is crucial to ensure your rights are protected. A Costa Mesa divorce lawyer can also help you navigate the division of assets, including your marital home and pensions.

What Is the 10-Year Divorce Rule in California?

California’s 10-year divorce rule impacts marriages and domestic partnerships in that the courts will likely rule in favor of more or longer spousal support if the marriage lasted longer than 10 years. Judges also consider your age and health and both partners’ income when determining the amount of spousal support to be awarded. This rule is based on California’s Family Code 4320.

If you are facing a divorce or family law issue, don’t navigate the process alone. The Costa Mesa divorce law firm of Moranda Law Firm, APC, is here to help. We can guide you through complex legal proceedings and advocate on your behalf throughout the process.
Contact us today to schedule a consultation to explore your legal options and the legal support we can provide.