Mission Viejo Divorce Lawyer

Mission Viejo Divorce Attorney

Divorce is never easy, but the right attorney on your side can help you endure the process more easily and reach a better outcome than you could hope to secure on your own. It’s important to remember that divorce in California is much more than just ending your marriage contract with your spouse. It is also a formal legal process of dividing ownership of your marital assets and if you have children with your spouse, deciding custody and determining child support.

Experienced Legal Counsel for Divorce in Mission Viejo, CA

The team at Cianci Law, PC has decades of professional experience helping our clients in Mission Viejo and surrounding areas with all types of divorce cases. Whether you have children or no children, expect an amicable divorce or are anticipating a heated legal battle with your soon-to-be ex-spouse, Attorney Melissa Cianci and her team are ready to provide the robust legal support you need in this difficult situation.

Why You Need a Mission Viejo Divorce Attorney

It may be technically possible for an individual to enter divorce proceedings without legal counsel, but this is a mistake for many reasons. Your impending divorce is likely to entail far more than you may initially expect at first, and you may not know how to approach this difficult situation if you do not have legal counsel you can trust advising you. When you choose Cianci Law, PC to represent you in a divorce case, you are investing in years of legal experience and a responsive legal advocate who can provide ongoing support through every stage of the case.

Attorney Cianci is a certified family law specialist approved by the State Bar of California’s Board of Legal Specialization. As a seasoned expert in family law, Attorney Cianci will carefully review the details of your impending divorce, highlight the most important areas of concern you will encounter as the case progresses, and help determine the optimal path toward resolving your case efficiently.

You may have more options for resolving your divorce than you realize at first, and it’s possible to make serious mistakes that can impact your future for years if you attempt to handle the case alone. By choosing an experienced Mission Viejo divorce attorney to represent you, you are better suited to face the challenges your proceedings may present, and you will be more likely to reach a positive outcome to this incredibly difficult experience.

Filing for Divorce in Mission Viejo

You do not need to cite a specific reason to file for divorce, nor does fault factor into a divorce determination. Some people operate under the misconception that if your spouse cheats on you or actively causes the breakdown of your marriage this will reflect negatively on them in divorce proceedings, but this simply isn’t the case. California is a no-fault state for divorce, meaning you do not need to prove fault to file for divorce, nor does the underlying reason for the breakdown of the marriage influence the outcome of the divorce process.

The only exception to this would be domestic violence or spousal abuse. If your spouse has harmed you and/or your children, they face criminal prosecution for domestic violence. This could impact a divorce when it comes to custody and child support determination. A parent who has harmed their children or engaged in any other criminal behavior is unlikely to win any type of custody rights, but they will still be responsible for paying child support. Your Mission Viejo divorce attorney can help you file for divorce and explain if and how the underlying reason for the divorce could impact the outcome of the case.

Elements of Divorce

Divorce in the state typically requires addressing several issues. If you have children with your spouse, this will complicate the dissolution process significantly, but even childless divorcing couples will need to resolve several legal matters before they can finalize their divorce. Divorce in the state may entail:

• Property division. California enforces the community property law when it comes to divorce. This means that all marital assets you and your spouse control are subject to strict 50/50 division regardless of the underlying reason for the divorce. However, disputes can arise concerning what is marital property subject to division and what is one spouse’s separate property. Our team can help you understand how property division laws will apply to your divorce and ensure the fairest possible outcome to this aspect of your case.
• Prenuptial contract review. If you and your spouse signed a prenuptial agreement before marriage, this contract could potentially streamline your divorce proceedings significantly. However, it needs to be reviewed to ensure it is still legally enforceable. If so, your Mission Viejo divorce attorney can ensure it is implemented faithfully into your divorce order.
• Child custody determination. If you and your spouse have children together, deciding custody and child support for your children will likely be the most contentious focal point of your divorce. This is an inherently emotionally stressful ordeal for any parent, and you will need legal counsel you can trust to navigate this aspect of your case with confidence.
• Restraining orders. If you have been abused by your spouse, your Mission Viejo divorce attorney can assist you in securing a protective order that will prevent them from harming you any further.
• Divorce order modification. After finalizing a divorce, it is important to know what you can do to address future changes in your life that directly relate to your divorce order. It is possible to request a modification to your family court order with regard to child support, child custody, or alimony, and you may need to contest a proposed modification from a former spouse. We can assist with either side of a modification request in Mission Viejo.

Ultimately, every divorce is unique, and you need a Mission Viejo divorce attorney who has experience handling cases similar to yours. Cianci Law, PC takes a client-focused approach to divorce counsel. When you meet with our team, we can listen to your story and learn as much as we can about your goals for your divorce. While no divorce attorney can ever promise their client a specific outcome, we can ensure that you will have responsive legal counsel readily available to assist you through every stage of your case. We may also reveal options for resolving your divorce that you may not have considered on your own, such as alternative dispute resolution.

Understanding Divorce Mediation in Mission Viejo

When most people imagine divorcing, they picture a heated courtroom battle, but the reality is that most divorcing couples throughout the United States are taking advantage of alternative dispute resolution outside of the courtroom. The most common form of alternative dispute resolution employed for divorce is mediation. As the name implies, the two spouses and their respective attorneys meet with a neutral mediator who assists them in negotiating mutually acceptable terms for their divorce.

Mediation requires both spouses to be willing to constructively negotiate, and the mediator will assist them in resolving each aspect of their divorce item by item. However, there is no guarantee that the couple will be able to reach a mutual agreement on every issue of their divorce, and there are some things that they will not be able to resolve privately, namely child custody. It’s possible to resolve as much as you can through mediation before moving to litigation to address any outstanding issues and child custody-related determinations. If you choose Cianci Law, PC to handle your divorce, we can help you take advantage of divorce mediation if possible, but we are fully prepared to represent you through litigation if necessary.

What to Expect From Your Mission Viejo Divorce Attorney

The right attorney can have a tremendous positive influence on the outcome of your divorce in Mission Viejo. Your case is likely to require an extensive amount of document recovery and discovery. For example, every divorce requires financial disclosure from both spouses. Each divorcing spouse must produce complete and accurate financial records showing all their assets and liabilities. Your attorney can facilitate this aspect of the divorce process and help address any issues you may notice with your spouse’s financial disclosure, such as the potential that they have hidden assets.

Cianci Law, PC takes time to help each client fully understand their options for resolving their divorce, and if alternative dispute resolution could streamline your proceedings we can help you take full advantage of this. However, we know that this is not always an option. Whether you can resolve some or all your divorce issues through private mediation or you must brace for litigation, you can rely on our firm to provide consistent support and guidance until you resolve your case.

When it comes to the cost of our legal representation, we are always upfront about our rates so there will be no surprises when it comes to the cost of your legal counsel. Cianci Law, PC has years of experience helping clients in Mission Viejo with their divorces and we are ready to put this experience to work in your case. Contact us today to schedule your consultation with a Mission Viejo divorce attorney and learn more about the professional legal services we offer.