Aliso Viejo Divorce Lawyer

Aliso Viejo Divorce Attorney

Ending a marriage can be one of the most difficult experiences of a person’s life, even if they are certain the marriage needs to end for any number of possible reasons. When a couple in Aliso Viejo decides to terminate their marriage, they must complete the dissolution process through the family court system. Even if your divorce seems like it should be a straightforward affair, the reality is that any divorce can evolve into a complex and contentious legal battle, and you need legal representation you can trust to reach the optimal outcome.

Experienced Legal Counsel for Divorce in Aliso Viejo, CA

The team at Cianci Law, PC has years of professional experience representing clients in Aliso Viejo and surrounding communities in their divorce proceedings, and we can apply this experience to your case. Attorney Melissa Cianci is a certified family law specialist approved by the State Bar of California’s Board of Legal Specialization and has years of professional experience representing clients in their divorce cases. Our firm takes an individualized approach to family law, helping each client approach their case with peace of mind and confidence.

Why Do You Need to Hire an Aliso Viejo Divorce Attorney?

Do not make the mistake of thinking that you can handle your divorce proceedings on your own, even if your soon-to-be ex-spouse appears to feel good about the situation and you think you can reach mutually acceptable terms without issue. Any divorce has the potential to raise difficult issues that you will not know how to address alone, and it is possible for tensions to flare very quickly even if the divorce starts on amicable footing.

Even under seemingly ideal circumstances, any divorce is a complex legal process that will be difficult to navigate without an attorney advising you. When you have experienced legal counsel you can trust on your side, you are able to approach your case with confidence, and you will be prepared to address any unforeseen complications that arise throughout your case proceedings. Attorney Cianci takes time to learn as much as possible about each individual client our firm represents, and we know that no two cases are exactly alike. When you choose Cianci Law, PC as your legal team, you are investing in years of professional experience in family law and a responsive legal advocate who will be there to guide you through every step of the divorce process.

What Does Divorce Entail?

Divorce is much more than simply ending your marriage contract with your spouse. It is also the legal process of dividing the property the two of you shared in marriage, determining custody and support for your children, and resolving many other issues that may be more complex than they initially appear.

It’s important to remember that the state does not require a married person to provide a specific reason for divorce. Most divorces in the state are filed for the reason of irreconcilable differences, meaning the marriage has broken down past the point of reconciliation. While it is important to never rush the decision to divorce, it is equally important to recognize when a marriage has run its course and any further attempts of reconciliation would be fruitless.

It does not matter which spouse files for divorce. It’s a common misconception that whoever files for divorce is seen as the victim by the court and will have a legal advantage in their divorce proceedings, but this isn’t necessarily true. Issues such as infidelity and emotional distress may factor into some proceedings, especially if the couple has a prenuptial contract in place that specifically addresses these issues. However, it’s important to remember that fault does not necessarily factor into most divorce cases. Once you believe your marriage has broken down past the point of repair, you can file for divorce with the family court as soon as you wish, but you should consult an Aliso Viejo divorce attorney before taking any formal steps in the dissolution process.

Elements of a Divorce Case in Aliso Viejo

The legal process of divorce is more than just ending a marriage contract. The divorcing spouses must legally divide their property, determine custody of their children, and may need to resolve other legal issues as well. A divorce can be either contested or uncontested depending on whether the divorcing spouses immediately agree to terms for their divorce. Most of the divorces filed begin as contested, and the couple will have different options for moving to an uncontested state and finalizing their divorce.

A divorce is contested if the couple does not immediately agree to terms, or if there are issues involved in their divorce they cannot privately negotiate on their own. For example, if you are divorcing and have children with your spouse, you cannot resolve custody and child support privately. The family court must verify that a custody order suits the interests of the children it will affect, so while you and your spouse can draft a parenting plan, a family court judge will need to approve it.

Many divorces filed in Aliso Viejo will involve multiple issues, such as:

• Property division. One of the most important and often most contentious parts of the divorce process is property division. California enforces the community property law, meaning all property owned by the married spouses qualifies for 50/50 division in divorce, regardless of the reason for the divorce. Some property does not qualify as community property, such as inheritance and gifts given to one spouse, and each spouse will need to submit a financial disclosure statement as part of their property division process to ensure a fair division of marital assets.
• Child custody. One of the most difficult aspects of a divorce is a child custody determination. If parents are divorcing, a family court judge will need to determine what type of custody arrangement would suit the interests of their children while minimizing disruption to their daily lives. A family court judge will evaluate each parent’s work schedule, overall involvement in their children’s lives, financial stability, and various other factors in making this determination.
• Child support. The law requires both of a child’s parents to contribute equally to the financial support of their children. In most divorces, one parent will end up paying child support to the other. Which parent will pay typically depends on custody; whichever parent holds more physical custody will likely receive child support payments from the noncustodial parent, and the amount they pay will depend on their income and the child’s living expenses.
• Prenuptial contracts. Many couples, especially high net worth couples and those who have children from previous marriages, will develop prenuptial contracts to ensure financial security in a new marriage. This type of contract can serve as a blueprint for divorce if the couple later decides to end their marriage. For example, the contract may stipulate when alimony will come into play, factors that would disqualify a spouse from claiming alimony, and other issues. Your Aliso Viejo divorce attorney can determine whether your prenup is legally enforceable and, if so, help ensure it is properly implemented into your divorce case.
• Restraining or protective orders. If you are divorcing an abusive spouse in Aliso Viejo, your attorney can help secure a protective order that will prevent them from harming you further. If your soon-to-be ex-spouse has engaged in any type of domestic violence against you or your children, this will not only weigh heavily against them in your forthcoming divorce proceedings but could also lead to criminal charges.

Every divorce is different, and you need an Aliso Viejo divorce attorney who can provide the individualized legal counsel required for you to approach your case with confidence and peace of mind.

What to Expect From Your Aliso Viejo Divorce Attorney

The team at Cianci Law, PC believes in client-focused legal counsel in every divorce case we handle. We know that your case is unique, and you are likely to have many pressing legal questions when it comes to your impending proceedings. The emotional stress of the situation can make it difficult to make informed and forward-thinking decisions, and it is possible for many unexpected variables to arise through your dissolution proceedings. The outcome of your divorce will impact your life for many years to come, especially if you have children with your spouse. Our goal in your case is to guide you to a positive outcome while providing the support you will need in your post-divorce life.

If you are nervous about the potential cost of hiring an Aliso Viejo divorce attorney, bear in mind that the financial implications of your case can impact your life for years, and it is worth investing in legal counsel you can trust if it means reaching more favorable results. Cianci Law, PC can help gather the documentation you will need for your divorce proceedings, help develop a plan to address the most complex issues your divorce entails, and provide ongoing support and reassurance through all stages of your case. The sooner you reach out to our team, the more time we have to develop a cohesive case for you. Contact us today to schedule a consultation with an Aliso Viejo divorce attorney to learn how we can assist you.