What Types of Cases Do Family Law Attorneys Handle in Orange County?

Family law is usually not easy for those involved, as most of these situations are difficult and emotionally charged and involve those whom we consider the closest to us. In Orange County, this can be particularly challenging. From divorce to domestic violence, there are numerous legal challenges that family law attorneys can help with. With such a variety, you may be wondering what types of cases family law attorneys handle in Orange County.

Divorce and Legal Separation

Divorce is probably the most well-known area of family law, and Orange County actually has one of the highest divorce rates within the state, with an average of 33 people filing per day. Orange County follows California’s no-fault policies meaning any spouse can file for divorce without needing to prove common relational problems such as infidelity or substance abuse.

Family law attorneys in Orange County support clients through every stage of the divorce process, from the initial petition to negotiating or litigating a final judgment. This usually involves:

• Contested versus uncontested divorce. Working with clients through negotiation agreements in an uncontested divorce or representing their interests in a contested divorce.
• Summary dissolution. For couples who have a short marriage with no children and limited assets/debts, an attorney can help facilitate a simplified divorce process.
• Legal separation. For couples who wish to separate their legal and financial affairs without fully dissolving their marriage.

Child Custody and Visitation

When a marriage or a relationship that involves children ends, couples will need to determine child custody and visitation arrangements. The Orange County Superior Court always prioritizes the interests of the child. Family law attorneys help parents establish:

• Legal custody. Legal custody is when a parent has the right to make important decisions about their child’s health, education, or welfare. This is either sole or joint.
• Physical custody. Physical custody is where the child will live and how the parents will divide their time with their children. This is also either sole or joint.
• Relocation or move-away cases. One parent might wish to move a significant distance away from their children, which will require court approval and order modifications.
• Enforcement or modifications of orders. Sometimes, one parent might be going against an existing child custody agreement, and this will either need to be enforced or modified due to a change in circumstances.

Child and Spousal Support

It is each parent’s obligation to ensure their children are financially provided for. An Orange County family law attorney can help establish, modify, and enforce child support orders. California uses a statewide guideline formula for calculating child support, which attorneys can help clients navigate through these usually complex calculations and advocate for fair and accurate support orders.

Spousal support is payments made by one spouse to the other after a divorce and is sometimes called alimony. The purpose is to help the receiving spouse become self-supporting, and it is either a temporary or long-term order. The courts will look at factors like how long the marriage lasted, each party’s earning capacity, the marital standard of living, and more.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are used so both spouses can safeguard their individual assets and lay down financial expectations before or during a marriage. Hire a family law attorney to help draft and review these agreements to make sure they are legally sound, fair, and enforceable.

Other Family Law Matters

In addition to these primary areas, family law attorneys in Orange County may also handle:

• Annulments
• Adoption
• Guardianships
• Domestic violence restraining orders
• Paternity actions
• Property division
• Mediation and alternative dispute resolution

Family lawyers not only have to have a deep understanding of California law but also have sensitivity, empathy, and strong advocacy skills. This is extremely important as family lawyers often have to guide their clients through some of the most emotionally charged and vulnerable moments of their lives.

FAQs

How Do Orange County Courts Determine Child Custody and Visitation, and What Are the Best Interests of the Child Standard?

Orange County courts determine child custody and visitation by seeking to make decisions in the interests of the child. This is a standard that weighs factors like the child’s health, safety, welfare, emotional ties with each parent, and the parent’s ability to provide care. The court aims to create an arrangement that ensures the child’s well-being and stability in favor of frequent and continuing contact with both parents.

How Are Assets and Debts Divided in a California Divorce?

When dividing assets and debts in California, it is divided through California’s designation as a community property state. Under this, all debts and assets are considered community property and are divided equally between spouses. There are some exceptions, though, including separate property, such as assets owned before marriage or received as gifts or inheritance. Spouses can agree to a different division agreement, but the court will make the final decision.

What Are the Implications of Domestic Violence in a Family Law Case?

Domestic violence always has a severe impact on family law cases, and courts will always prioritize the safety and well-being of victims and their children. This can mean restricted or supervised visitation for the abusive parent and sole custody for the non-abusive parent. It can also influence decisions regarding property division and spousal support that favor the victim.

What Is the Difference Between Divorce and Legal Separation?

The difference between divorce and legal separation is the finality that the relationship experiences. A legal separation allows couples to live separately, divide assets and debts, and establish child and spousal support, but they remain legally married and can’t remarry. In a divorce, the couple is legally ending their marriage. Couples may choose legal separation as a trial period before committing to divorce or due to financial or benefits reasons.

Hire a Family Law Attorney in Orange County

If your family is facing a family law matter in Orange County, whether that be a divorce, child custody, spousal support, or any other matter, you should have a knowledgeable and compassionate attorney by your side.

At The Law Offices of Ronda A. Middleton, our team is committed to guiding you through every step of the way. Contact us right away and let a trusted Orange County family law attorney advocate for you and your family.