Laguna Niguel Divorce Lawyer

Laguna Niguel Divorce Attorney

Whether you’re considering divorce or beginning the process, the Laguna Niguel divorce lawyers at The Hatherley Firm, Inc. understand how emotionally challenging divorce can be and how much it can impact the rest of your life. Located in the heart of South Orange County, we help guide individuals through the divorce process with professionalism and empathy, making sure you understand your legal rights and options from start to finish.

The Divorce Process in California

Of the county’s population of nearly 3.2 million, nearly 65% are married couples. However, California reported a 7.45% divorce rate in 2023. This figure ranks California as the state with the seventh-lowest rate for divorces in the nation.

Divorce proceedings follow a fairly standardized process in California.

• Meeting residency requirements. To file for divorce in Orange County, you have to meet certain residency conditions. Either you or your spouse must have lived in Orange County for at least three months and in the state of California for no less than six months to officially file with the court.
• Filing the Divorce Petition. The process formally begins when one spouse files a Petition for Dissolution of Marriage with the Orange County Family Court located on The City Drive South. Once the petition is served to the other spouse, they have a month to respond. If they do not respond, the court may proceed with a default divorce judgment.
• Financial disclosures and settlement discussions. After the filing and response, both parties are required to exchange comprehensive financial disclosures. This lists all debts, income, assets, and expenditures. The couple can then begin settlement negotiations.
• Court involvement and final judgment. Any agreement reached must be reviewed and approved by a judge to ensure fairness. If an agreement cannot be reached, the matter will proceed to court, and a judge will decide the unresolved terms.
• Mandatory waiting period. California law requires a six-month waiting period before a divorce is finalized.

Types of Divorce Cases

No two marriages are the same, which also makes every divorce unique. Whether the case is straightforward or complicated, the team at The Hatherley Firm, Inc. can help with a variety of divorce types.

• Uncontested divorce. If you and your spouse can agree on key issues, such as custody, support, and asset division, an uncontested divorce can be faster and less costly. We can help you draft a marital settlement agreement and ensure all legal documents are properly filed and processed in a timely manner. We can also help you avoid any common mistakes that might delay the court’s approval.
• Contested divorce. When spouses cannot agree on one or more issues, this becomes a contested divorce. This requires stronger legal representation, especially surrounding child custody and visitation disputes, property division issues, or allegations of domestic abuse or financial misconduct.
• High-asset divorce. Divorces with significant assets can be more complicated. Our team can help you get an accurate valuation of businesses, investments, and real estate, and identify hidden or commingled assets.

Key Issues to Consider During a Divorce

There are several key issues to consider during a divorce that often take prominence during proceedings. These involve child custody and parenting plans, child support, spousal support, and the division of assets.

• Child custody and parenting plans. This is often the most emotional part of a divorce. The courts focus on the best interest of the child, and we strive for the same goal. The team at The Hatherley Firm, Inc. can help you craft a plan that fosters stability and consistency for your children.
• Child support. California courts determine child support using a specific formula based on each parent’s income and earning capacity, the time each parent spends with the child, and health insurance, daycare, and educational expenses.
• Spousal support. California law allows for temporary and permanent spousal support. This is determined based on the length of the marriage, the standard of living, and each party’s age and health.
• Division of assets and debts. As a community property state, debts and assets are split 50/50 in California. This process becomes more complex when there are separate property claims, business ownership, inheritance and gifts, or debt responsibilities.

FAQs

How Much Do You Pay a Divorce Lawyer in California?

Divorce lawyers generally charge by the hour, which means that fees vary based on your case’s circumstances. Location and experience also play a role in how much it costs to hire a divorce lawyer. Cases involving custody disputes, property, or jointly owned businesses can increase attorney fees due to the complexity. Be prepared to pay court filing fees. Discuss the fee schedule with your lawyer during your initial consultation so you have a better idea of what to expect.

What Type of Lawyer Is Ideal for Divorce?

A family law attorney generally handles divorces. These professionals are well-versed in matters such as property division, child custody, and spousal support. You want a lawyer with strong experience in California divorce law, since each state holds its own rules and procedures. Choose a lawyer with a good reputation and track record, strong communication skills, and a thorough understanding of California law.

Can I Get a Divorce Without Going to Court?

Yes, it’s possible to get a divorce in California without going to court through methods such as collaborative divorce or uncontested divorce. If both parties agree on all major issues, they can draft a marital settlement agreement and just file it with the court for approval. You still need to submit all paperwork and attend brief administrative hearings, but full court trials may be avoided.

What if I Can’t Afford a Divorce Lawyer in California?

If you can’t afford a divorce lawyer in California, you can seek help from legal aid organizations. You may be able to work out a payment plan with your attorney or discuss various payment options. If your spouse has significantly more financial resources than you, the court may order them to pay your attorney’s fees. Self-representation is allowed, but consulting with a lawyer can help you better understand your rights and options.

Contact a Laguna Niguel Divorce Lawyer Today

Preparing for a divorce can be stressful. The skilled Laguna Niguel divorce lawyers at The Hatherley Firm, Inc. can support you through every step and keep you informed of your legal options and financial obligations. Contact our office today to schedule a consultation.