Irvine Divorce Lawyer
Marriage is bliss for most couples who decide to be with the person they wish to stay with all their life. However, over the years of being together, some feel that they have made a mistake and wish to separate from their partner. While there are those who will just separate without undergoing legal proceedings to finalize it, others will go to the courts and request a divorce before creating a new start for themselves.
While anyone can file for a divorce in California without stating a clear reason, the proceedings can be a minefield. Several state mandates and even acts may be involved to sort out underlying issues that may be included in a divorce, such as child custody and support, asset distribution, and alimony. With all this in mind, you will need a good Irvine divorce lawyer who can guide you through these proceedings and help you build a strong case to protect your rights.
Alkam Law Offices is one of the best Irvine, CA family law firms you can reach out to if you are considering divorce. Our team can help you through the necessary negotiations and fight for your rights to your children, assets, and spousal support to the best of our abilities. We will make sure everything is stress-free and give you legal advice throughout the proceedings.
Call Alkam Law Offices at (714) 581-9057 for your Free Consultation with an Irvine Divorce Lawyer!
Dedicated Divorce Support
It is no secret to many that divorce proceedings can become complicated, especially with the underlying issues that must be resolved throughout the case. It is also a very sensitive undertaking considering the emotional toll it will bring to the couple and their children, which is why it is crucial that a legal team is beside both parties to help the case run smoothly.
Alkam Law Offices’s divorce lawyers are experienced in handling any type of divorce and treat it carefully in order to protect all the parties involved in the proceedings. We understand how difficult this decision is for you, and we also know how frustrating dealing with the legal process is.
With us beside you, we can make the scenario easier to understand, help you create the best legal decisions, and be your legal representative during the proceedings. We will fight for your rights and do our best to get the resolution you are hoping for so you can move on from this ordeal.
California Family Code on Divorce
California’s divorce laws are enshrined in the California Family Code, a series of legislation that covers all the legal issues that are included in a divorce in the state. It is also one of the 29 legal codes that comprise the general statutory laws in the state.
If a couple wishes to end their marriage or partnership, they may do so through a divorce, legal separation, and annulment. Legal separation will not end the marriage, but it will enable the courts to step in for issues like child support and custody and the enforcement of restraining orders. One of the couples can actually initiate the legal separation without the other agreeing to end the marriage. They also won’t be able to end the process even if they wish to stay married.
For divorce, California is a “no-fault” state, which means that one person can request the divorce without presenting evidence that the other party did something wrong to cause it. The petitioner can cite “irreconcilable differences” as their reason for filing the divorce. The other party must respond within 30 days unless an agreement is reached beforehand. If no response is received, a default request must be filed to finalize the divorce and other related issues such as child custody, spousal support, and property division.
Our team can help you file for divorce and get the proceedings running smoothly, as well as assist you with other related issues such as the following:
Child Custody & Child Support
For divorces that will involve the future of minor children, divorce proceedings will be done carefully by the courts. The formula used to determine how much child support will be provided listed under the state’s Family Code 4055. While the formula is complicated without the help of a lawyer to assist you in understanding it, the court will take into consideration each parent’s wages, assets, and sources of income. They will also look into the time you spend with the child to determine the amount of child support that will be provided.
Should the providing party fail to stick to their child support payments or disregard them completely, the other party can seek a court order to enforce the child support claim. If the reason for failing to stick to the payments is valid, modifications to the child support arrangement can be requested.
If the ex-spouse is a service member, California’s divorce law notes that it must not exceed 60% of the service member’s pay and allowances. Similar calculations are used for non-military divorces when a service member is involved in the case. If they are retired, the federal government uses the Uniformed Services Former Spouses’ Protection Act to determine how it will be computed and divided during divorce.
Meanwhile, for child custody, the court considers the child’s best interests to determine who should get the custody of the child. Other factors will also be taken into account, and both parties must submit a parenting plan that will detail which parent will be with the child and what arrangements are going to be followed for certain events. Our team can guide you through both child support and child custody proceedings and help you get the best position to be involved with your child’s growth.
Alimony & Spousal Support
California courts take into account several factors when it comes to determining alimony and spousal support. By law, spousal support is not mandatory in divorces, and the court has the leeway to decide whether it should be granted and how long it should be provided by the other party.
Should one party request spousal support, a calculator steps in to determine the amount for temporary spousal support. The courts will then consider the length of your marriage, the financial capacity of both parties, the standard of living, age and health of both parties, existing assets and debts, child custody and support arrangements, and involvement of each party in the other’s career growth and if there is any, evidence of domestic violence to determine if the spousal support should be fixed, modified or removed.
As mentioned above, if the ex-spouse is a service member, the spousal support that the other party may receive will not exceed 60% of the ex-spouse’s pay and allowances. If they are retired, the USFSPA will determine the amount that will be given to the other party once the divorce is finalized.
Our team can request spousal support on your behalf and provide the amount that is appropriate for your needs. We will also fight for your right in court as much as we can to achieve a favorable result. Meanwhile, if you are asked to pay spousal support, we can fight against it and provide the evidence that will support your position.
Asset & Property Division
When it comes to asset and property division, the California Family Code indicates that all property – both real and personal – that was acquired by either party during their marriage is owned equally by the partners. However, there are certain exceptions, such as properties acquired during the marriage as an inheritance or a gift. Should this be the case, the person who received the property retains its ownership. Properties acquired either before the marriage or after their separation are owned by the person who acquired them.
Since California is considered a community property state, it is recommended that an Irvine divorce lawyer is present for both parties to help with the asset and property division. The courts do allow the spouses to negotiate which properties and assets they like and reach a fair agreement that the courts can approve. The courts may also intervene if the parties cannot agree to the distribution agreement. Pensions and retirement plans are also considered equal property of both parties and must be divided fairly between both parties.
Our Irvine divorce lawyers can help you look into the assets and properties that will be included in the divorce proceedings. We can determine which assets can be used as a bargaining chip and fight on your behalf if the other party is seeking the assets that belong to you due to the property being an inheritance or a separate property. If the divorce also includes pensions, retirement plans, and others, we can help you get a qualified domestic relations order which will indicate that the financial assets are divided and only waits for the court to approve it.
Business Owner, High-Value, or High-Profile Divorce
There are certain divorce cases that require careful handling because they may involve large business assets and properties that must be distributed to the right owner.
Some cases may even involve high-profile personalities, which requires discretion to prevent the media from getting involved in the case.
Alkam Law Offices has divorce lawyers who can handle these high-value and high-profile divorce cases and guarantee that they will proceed smoothly. We will handle the case carefully, protect your identity and reputation, and get the procedure done privately and without fail.
No matter how high-profile you are, whether you are a politician or a celebrity, we are here to help you and give you the legal support you need during this time.
For couples with one party currently in military service, filing for a divorce is tricky because most cases may fall under the Servicemembers Civil Relief Act. The Act was enacted to help military personnel and their families with legal and financial burdens while on active duty. If their spouse files for divorce, this Act will supersede state law and will affect the proceedings.
For a military divorce to push through despite the laws and policies that may affect the proceedings, the service member doesn’t need to be in California when it is filed. They will need to be a resident of California for at least six months and a resident in the county where they will file for divorce for at least three months. Divorce can also take place if either the spouse or the service member is stationed in California. The service member will be notified if a petition for divorce is filed through the mail and sent to them wherever they are stationed. If they choose not to contest the divorce, they only need to sign a waiver acknowledging it.
Should the divorce be contested, the service member may invoke the Soldiers and Sailors Civil Relief Act to ask the court to postpone the proceedings while they are on active duty and up to 2 months after they are discharged from the service.
If you are a service member, let our team know about your position on the divorce, and we can help you with the proceedings. If you are out of the country, we can request the courts to postpone it while working on your legal defense.
Let’s Talk Now – Free Consultation
Divorce proceedings can be a huge undertaking that may overwhelm you if you go unprepared. Having a reliable and trustworthy Irvine divorce lawyer beside you can help you through the complex ropes of California’s Family Code and smoothen the divorce process and the legal implications it brings in the process.
Alkam Law Offices is always ready to help and provide you with legal support in every step of the divorce proceedings, so you know what to expect and make the right legal decisions. Sign up with us today and see why we are the trusted Irvine, CA law firm for many families who find themselves in stressful legal situations.
Call Alkam Law Offices at (714) 581-9057 for your Free Consultation with an Irvine Divorce Lawyer!