Orange County
Irvine Divorce Lawyer
Nobody walks down the aisle planning on divorce. Yet if you find yourself wanting to file now, you’re certainly not alone. The choice to dissolve a marriage is often the best one you can make for yourself, your spouse, your family, and your future. Boyd Law is here to help couples in Irvine tackle the “D” word and all that it entails. Whether you can dissolve your marriage successfully through divorce mediation or require a full-blown trial, our Irvine divorce attorneys have the legal experience and your best interests in mind.
Irvine Divorce Resources
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Critical Issues In An Irvine Divorce Case
No-Contest Vs. Contested Divorce
Why Choose Our Irvine Divorce Lawyers?
- Our attorneys understand California’s divorce laws and how to navigate them in Orange County. We tailor our efforts according to individuals’ needs.
- The team at Boyd Law continually works toward our clients’ best interests. We will only take your case to court if it is necessary for fair results.
- We can walk you through the different types of divorce cases in California. No matter what your specific circumstances, we can resolve your case efficiently.
- We have skilled and experienced attorneys that value personal relationships. Your attorney will treat you and your family with compassion In addition, our lead attorney, Karie Boyd, is a Certified Family Law Specialist.
How Can Boyd Law Help My Case?
A divorce case can be extremely difficult to work through, especially as someone so close to the matter. You are dealing with a lot emotionally as someone going through a divorce in Irvine and you shouldn’t also have to navigate a complicated legal process.
Fortunately, hiring an Irvine divorce attorney from Boyd Law can take a tremendous amount of work off your shoulders.
Your lawyer from Boyd Law can gather important documents, work out divorce agreements, file divorce papers for you, negotiate with your spouse, and answer any questions you may have for the potential custody battles during this confusing and difficult time.
From starting your divorce case to the final settlement or verdict, we will stand by your side through every phase of the divorce process in Irvine.In addition, our team will work closely with you and listen to the details of your case, as well as your goals for the divorce. Then, a tailored legal strategy will be created to achieve these goals.
Hiring a lawyer from Boyd Law can improve the chances of working out a settlement with your spouse during mediation or arbitration to avoid a costly divorce trial. It is especially important to hire an Irvine divorce attorney if your case involves complicated issues such as children, high-value assets, a prenuptial or postnuptial agreement, contested divorce terms, or domestic violence.
A lawyer who specializes in family law in Orange County can help you work through the unique factors related to your case using a proven legal strategy.
Finally, know that someone cares about you, and that you can achieve some peace of mind after you hire an Irvine divorce lawyer from Boyd Law to work out the details of your case for you.
Fast Facts About Divorce in Irvine
Irvine, California formally became a city in 1971, three days after Christmas. The City of Irvine is one of the country’s largest planned urban communities, covering more than 65 miles.
As of the last census, there were 258,386 people living in Irvine. There are 78,978 households, with 40,930 (51.8%) opposite-sex married couples and 463 (0.6%) same-sex married couples.
Each year, a percentage of these couples file for divorce in Orange County. Data from the Centers for Disease Control and Prevention (CDC) shows that the average national divorce rate is 2.5 per 1,000 population. California is one of five states that do not report information on divorce rates to the CDC. If you wish to file for divorce in Orange County, you will need to bring the correct paperwork to the local family courthouse.
The attorney who focuses on divorce in Orange County at Boyd Law can help you fill out these documents correctly the first time, to prevent unnecessary processing delays and costs.
About Filing for Divorce in Irvine
If you’re a resident of Irvine or Orange County, and know that going through a divorce is the right thing for you and your spouse, the Irvine divorce attorneys at Boyd Law can make the process much easier on your family.
Working with a Southern California high quality law firm during a divorce can help you protect your individual rights, and your rights as one part of a relationship.
Retaining a skilled a family law specialist doesn’t mean your divorce will take longer or result in conflict. It simply means that you have someone in your corner during a difficult and often complex legal process. You must qualify as a California resident to file for divorce within the state.
This means that you or your spouse must have lived in California for at least the last six months and at least three months in the county where you want to file. If you and your spouse are living separately in two different counties, you can file in either county. Boyd Law will work with you in the county in which you want to file. If you don’t qualify as a California resident, you can file for legal separation until you do meet the requirements.
Critical Issues in an Irvine Divorce Case
A dissolution of marriage petition in California must address all relevant elements and critical issues that apply to the couple and case. To achieve a divorce settlement in Irvine, the couple must come together to agree on all of the terms of the divorce. While these can vary from case to case, they generally include child custody, child support, property division and alimony.
The attorneys at Boyd Law can assist you with all of the elements involved in your divorce case, providing legal services and advice that are tailored to your unique needs and situation. We are highly experienced and compassionate Irvine divorce attorneys who will work closely with you to identify your goals for your divorce and aggressively pursue them.
Child Custody
Divorce cases in California are more complicated when children are involved. The court’s top priority is looking out for a child’s best interests. A child custody agreement or parenting plan should allocate parental responsibilities – meaning legal and physical custody – between both parents in a way that protects the child’s well-being.
Child Support
The courts hold that the child of a divorced couple should not suffer due to his or her parents’ dissolution of marriage. To ensure that the child maintains the standard of living he or she previously enjoyed, one parent (typically, the noncustodial parent) may be required to pay the other a certain amount in child support.
Property Division
California is a community property state, which means the courts will divide all marital assets, income and property down the middle (50/50) between both spouses. Before a case goes to trial for a judge to decide, however, a couple has the chance to come up with their own property division arrangement.
Spousal Maintenance
Some divorce cases involve spousal maintenance awards, also known as alimony or spousal support. This is an amount of money that the higher-earning spouse may be required to pay the lower earner post-divorce to make up for an income disparity between the two; often, one that is due to the lower earner giving up a career to take care of the household.
Developing a Parenting Plan During an Irvine Divorce With Children
Custody arrangements are a common point of contention in a divorce case. In California, divorcing parents are encouraged to create their own parenting time plans or custody agreements whenever possible. This can help the parents achieve a divorce settlement and avoid a stressful and drawn-out custody battle in court. As long as the parenting plan protects the child’s best interest, a judge will typically sign off on what the parents decide together.
To reach a custody settlement, both parents must agree on physical and legal custody of the child(ren). Physical custody refers to having a child under the parent’s roof, while legal custody gives a parent the right to make important decisions for the child, such as religion and health care. There are many potential types of time-sharing arrangements for parenting plans, including sole custody, joint custody and visitation. The parenting plan should account for all holidays, special occasions and breaks from school.
An Orange County child custody lawyer from Boyd Law can provide resources to help you develop a parenting plan in the hopes of achieving a successful divorce settlement. Our lawyers can represent you during mediation or arbitration, for example, which could help your divorce stay out of court. If a child custody agreement cannot be met, our lawyers can represent your interests as a parent during a custody court case in Orange County, California instead.
What Are Common Types of Divorce Cases?
The three ways to end your marriage in California are divorce, legal separation and annulment. Within these categories are additional types of cases, such as contested vs. uncontested divorces.
Every case is unique and deserves individual attention from an attorney. Hiring a lawyer to take care of your divorce could help you understand the rules and requirements that go along with your specific type of case.
So what are the most common types of divorce cases?
Contested Divorce
A contested divorce is one in which both spouses do not mutually agree on the terms of the split. One spouse wishes to contest the other’s terms, such as the rules of property division or child custody. A contested divorce can turn messy, requiring a drawn-out court process to resolve. It is typically best if the couple can avoid a contested divorce by working through their issues with help from a lawyer or mediator.
Uncontested Divorce
An uncontested divorce typically does not have to proceed to trial. It means both spouses are on the same page when it comes to the terms of the split, with no need for a judge’s intervention. An uncontested divorce can typically end during pre-trial negotiations. Both spouses will agree on the terms, sign off on the divorce and receive a decree from the judge confirming the dissolution.
Annulment
An annulment reverses the marriage as if it never happened. You are not divorced after an annulment; it will be as if you were never married. You may only qualify for annulment if something invalidates the marriage or domestic partnership, such as incest, bigamy, one spouse under the age of 18, fraud, force, physical or mental incapacitation, or one spouse was already married.
Dissolution of Domestic Partnerships
The dissolution of a domestic partnership may look the same as a typical divorce unless the couple qualifies for summary dissolution. Summary dissolution is a faster and easier method to validate a split. It does not involve the couple having to go to court or hire lawyers. Instead, they must fill out paperwork and submit it to the Secretary of State.
Legal Separations
A legal separation is not a divorce, but the couple will no longer live together. One spouse may qualify for spousal maintenance, child custody and/or child support after legal separation, but the couple will lawfully still be married. This might be the right solution if the couple may reconcile in the future, or if they wish to retain some of the benefits of marriage (such as insurance coverage).
You may need a lawyer’s help determining which type of split is right for you and your spouse or domestic partner. Your circumstances and goals can decide the right route for you.
Once you know which route to take, your lawyer can assist you with the paperwork and red tape that will go along with your choice. If your divorce case involves complex factors such as children, spousal maintenance, high-value assets, a business partnership or contested terms, hire an attorney for assistance.
A lawyer can work through these issues on your behalf. No matter which type of divorce you need, a lawyer can help you sort through complicated matters while you look toward the future.
The Difference Between No-Contest & Contested Divorce
One of the most frequently asked questions we receive at the Boyd Law Firm is how to achieve a no-contest divorce.
A no-contest divorce (also called an uncontested divorce) is the fastest and simplest type of divorce process. It describes a divorce where both spouses agree on all key issues, including property division, child support, child custody, debt division and alimony.
If both spouses agree on all the terms of the divorce, a judge will not need to intervene. This means the case will not go to trial and will instead resolve during pretrial negotiations, such as mediation or arbitration. A judge will typically sign off on a no-contest divorce agreement drawn up by a couple in Irvine.
A contested divorce, on the other hand, means both spouses do not agree on the terms of the divorce. Typically, one spouse will argue, or contest, the other spouse’s suggested terms.
The contesting spouse will submit his or her own terms, such as a different property division arrangement or child custody plan. The contested divorce case will then go to pretrial conferences to try to come to an agreement between the spouses. If this fails, the case will go to trial.
The couple will no longer have a say in the resolution of the divorce case. A judge will listen to both sides of the case, gather the facts and make a verdict on the terms of the split. You can improve your chances of having a no-contest divorce by hiring an attorney.
A divorce lawyer in Irvine can act as a mediator prior to a divorce trial. This can help you and your spouse compromise and agree to the terms of the divorce. Your lawyer can also represent you during arbitration – the next step up from mediation.
Contact an Irvine Divorce Attorney Today
As your divorce lawyers in Irvine, Boyd Law can provide legal advice and can help you and your spouse agree on important family law issues such as child custody, child support agreements, spousal support, housing, marital property division, and other family law matters.
We have decades of experience practicing divorce and family law in Orange County, Southern California, and know how best to direct your specific case. We are professional, aggressive, and thorough in our divorce litigation methods. Our Irvine family law specialists will listen carefully to your unique goals for your divorce, and help you achieve them through the proper legal processes.
To start your Orange County divorce case with a free consultation in Irvine, give us a call. The divorce attorneys at our law offices are here to help you through this difficult process. For a free consultation from legal representation with a proven track record, call us at 949.753.1028 or contact us today.
Locations We Serve
We serve many areas in Irvine including:
University Town Center (UTC) | Woodbridge | Northwood | Westpark | Turtle Rock | Quail Hill | Portola Springs | Eastwood | Orchard Hills | Cypress Village | Stonegate | Great Park | Woodbury | El Camino Real
Frequently Asked Questions About Divorce
How do I start the divorce process?
To initiate the divorce process in Irvine, you need to file a Petition for Dissolution of Marriage with the Superior Court of California. This is a legal document that outlines your reasons for wanting a divorce and your requests for property division, child custody, and support arrangements. This process can be done with the assistance of an Irvine divorce attorney from Boyd Law.
What are the different ways to legally end a marriage in Irvine?
In Irvine, you can end a marriage through divorce, legal separation, or annulment. Divorce dissolves the marriage, while legal separation allows couples to live separately while remaining legally married. Annulment treats the marriage as if it never existed, but specific grounds must be met.
What is the average timeline for a divorce to be finalized in Irvine?
The timeline for finalizing a divorce in Irvine can vary widely based on factors like the complexity of the case, court caseload, and the cooperation of both parties. On average, an uncontested divorce might take around six months, whereas contested divorces can take a year or longer.
How is child support calculated in Irvine divorces?
Child support calculations in Irvine are based on state guidelines that consider factors like each parent’s income, the number of children, and the amount of time each parent spends with the children. The court uses these factors to determine the appropriate child support amount.
Do I need a lawyer to get a divorce in Irvine, or can I file on my own?
You can choose to represent yourself in a divorce case, but it’s recommended to consult with an experienced divorce attorney. Divorce proceedings can be complex, and an attorney can provide legal advice, guide you through the process, and ensure your rights are protected.
Are prenuptial agreements enforceable in Irvine divorces?
Yes, prenuptial agreements (also known as prenups) are generally enforceable in Irvine divorces, provided they meet certain legal requirements. These agreements outline how property, assets, and debts will be divided in case of divorce and can address spousal support as well.
