Westminster Divorce Lawyer

Westminster Divorce Attorney

Filing for divorce requires a couple to make important decisions that can have a significant impact on their lives. The average divorce in Westminster takes over a year to conclude and requires extensive paperwork on both your and your spouse’s financial information. In order to avoid costly mistakes in the divorce process, consider working with a Westminster divorce lawyer.

There are complications that arise in every divorce case, no matter how simple it might seem at first. Working with a skilled attorney can reduce the friction between both parties and streamline the divorce process. Divorce is usually unpleasant for everyone involved, but filing a case correctly can lead to relief once the process is finalized.

Learn About Your Options With the Moranda Law Firm, APC

When considering something as final as a divorce, it’s important to understand your options. Beverly D. Moranda, president and CEO of the Moranda Law Firm, APC, is committed to providing compassionate service to all of her clients. She understands how stressful a divorce can be, so her goal is to create a plan of action to make the process go as smoothly and quickly as possible.

Beverly D. Moranda has practiced in family law for years and understands that every case is different. She strives to provide individualized service for all her clients. Whether you’re considering filing for divorce, child support, or another area of family law, the Moranda Law Firm, APC, can assist you during a difficult time in your life.

How Do I File for Divorce in Westminster?

California is a no-fault divorce state. This means that neither spouse has to prove that the other one did anything wrong in order to get divorced. It is also still possible to file for divorce even if the other spouse doesn’t want one. In order to file for divorce in Westminster, at least one spouse must have lived in California for six months or longer and must have lived in Orange County for three months or longer.

To start the divorce process, you file a petition with the local courts. You also file a summons and work with a server to give these papers to your spouse on your behalf. The spouse who is served papers must respond within 30 days if they want to influence how assets are split and how custody of any children is divided.

Why Do I Need an Attorney?

While it is not legally necessary to work with a divorce lawyer in Westminster, filing for divorce on your own can be a difficult process. It can be hard to split your financial assets without the assistance of a third party. A divorce lawyer can help you create the divorce petition, mediate conflicts that arise while splitting assets and property, and represent you in court if necessary.

It’s important to make clear-headed decisions during a divorce because the choices you make can impact the rest of your life. A family lawyer can work with you to develop a clear plan for your individual situation. Don’t let an emotional divorce lead you to reach irrational conclusions. If you rush the divorce process, you could be at risk of making significant financial mistakes and losing out on assets you were entitled to.

How Is Child Custody Determined?

Unless otherwise ruled by a judge in Westminster, CA, each parent has the same amount of influence when determining child custody and visitation time. A popular way to establish child custody terms in a divorce is to create a parenting plan. This plan outlines the specifics regarding how the children in a divorce are taken care of, including how much time children can spend with each parent, where the children live, and who takes care of them.

If a spouse determines that child support payments are needed to properly care for their children, they can file a child support order with the local courts. After filing this order, a judge will review the income of both parents, examine who is mostly responsible for the children’s well-being, and then calculate a child support payment amount.

What Is Spousal Support?

Spousal support is also known as alimony and can be defined as payments one spouse makes to the other. These payments can be temporary or permanent and are based on a variety of factors, including the income disparity between both spouses and the length of time they were married. The issue of spousal support is complicated and varies for everyone, so it is recommended to discuss your individual situation with an attorney.

There is a commonly believed myth that couples who were married for ten years before filing for divorce must have one spouse make permanent alimony payments to the other spouse, but this is untrue. Although the length of marriage does impact a judge’s decisions on certain aspects of a divorce, it does not necessarily mean that permanent payments are required.

Mediation vs. Litigation

When most people think of divorce, they think of long and contentious court battles. Going to trial for a divorce does not have to be your reality. There are several options for negotiating asset division in your divorce. Some of the most common options are divorce mediation and litigation.

If a couple decides to end their marriage and work with a mediator, they decide how their assets are split with a third-party individual, like a lawyer, former judge, or even a mental health professional. This process often takes less time than going to court and can be done remotely, which might reduce the stress and hostility between both parties.

Sometimes, a couple is unable to civilly resolve their differences and must go to trial. This is especially true if there are more grievous issues like child custody or domestic violence issues to resolve. Litigation forces both parties to be honest and transparent in their divorce agreements, which is often more effective if the couple is not on good terms. To learn more about resolution options for your divorce, contact a Westminster divorce attorney.

Safeguard Your Interests With a Postnuptial Agreement

Creating a postnuptial agreement can help prevent unfair divisions during divorce proceedings. It is similar to a prenuptial agreement, with the main difference being that you complete a postnuptial agreement during the marriage as opposed to before getting married. The agreement must be a written document that is signed by both parties.

It is not required to work with an attorney to create a postnuptial agreement, but hiring one can save time and avoid complications later on. While there is an upfront cost to an attorney, they can help make sure your document is legally valid so that it can be enforced if you do get a divorce. These types of agreements can be especially helpful if the couple has a complicated financial background with several assets and/or debts.

FAQs

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

A: The overall cost of a divorce lawyer greatly depends on the length of your case, whether or not you decide to go to trial, and the attorney’s specific skill level. In Westminster, divorce attorneys cost, on average, between $200-$900 an hour. It’s important to discuss the fees for your specific case with your attorney early on in the divorce process to get a clear picture of how much it would cost.

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

A: Generally, California divorces are subject to the 50-50 rule. This means that most assets in a divorce are split evenly between both parties. There are certain exceptions for assets that were acquired before the marriage or for spouses who have significantly different income levels. This is a topic you can discuss with your divorce attorney to review how the law might apply to your case.

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

A: Getting divorced after being married for ten years or longer does not mean one spouse is entitled to permanent spousal support. It means that the divorce is considered differently than a divorce of a marriage that lasted less than ten years. It can affect crucial elements of the divorce, like child custody and the division of property. Working with a divorce attorney can help you divide your assets in a way that’s fair for both parties.

Q: Can a Spouse Kick You Out of the House in California?

A: In Westminster family law, for one spouse to force the other spouse out of their home, they need to secure an ex parte order from a judge. This is normally only granted if the other members of the household are worried about domestic violence. There has to be evidence of abuse or proof that there is a risk of violence if the dangerous spouse continues to live in the home. An attorney can help you request this order on your behalf.

The Moranda Law Firm, APC, Can Offer the Guidance You Need for Your Divorce

A divorce takes a minimum of six months in California, but most take over a year to complete. Working with a family lawyer can help you with this time-consuming and intensive process. Schedule a consultation with the Moranda Law Firm, APC, to discuss your situation and review your options.