Laguna Niguel Divorce Lawyer

Laguna Niguel Divorce Attorney

No one wants the process of divorce to take longer than is absolutely necessary. One of the surest ways to ensure it goes as smoothly as possible is by working with a Laguna Niguel divorce lawyer. It is imperative that you have someone representing you who understands both the law and also the emotional challenges that come with a divorce, as both play a critical role when seeking to move through the process without disruption.

Our team at Cianci Law, PC, has experience helping people through divorces of all kinds, whether relatively amicable or highly contentious. We understand how to identify common issues and concerns that can unnecessarily hinder the process and can produce delays. In addition to offering expert-level legal help, we also understand the challenging emotional side of divorce and remain sensitive to what you are going through.

Divorce

The divorce process will need, to the extent that it is possible, to separate two lives that have, in many cases, been built together. It is unsurprising that this can often be emotional and can be complex with the many factors that are often involved in this separation. A divorce will generally center on a few primary components.

Divorces are resolved by either the couple coming together and negotiating a separation agreement or by the court making rulings. If an agreement can be reached, the court will still need to sign off on the decision to ensure that it fits the parameters of the law. However, negotiating an agreement gives the couple more control and influence over the decisions made rather than letting the court decide.

Some of the primary issues that will need to be settled in the divorce include:

• Property Division. Only the property that is considered community property will need to be divided. Generally, the property will need to be divided evenly. However, a judge may approve something different if both sides agree it is fair.
• Spousal Support. The purpose of spousal support in California is generally to help the spouse receiving support until the point where they can support themselves. While there may be some exceptions for longer-term support, generally, the aim is for “rehabilitative alimony.”
• Child Custody. When children are involved, the decisions regarding where their time will be spent and what responsibilities the parents will have can be especially contentious. However, when a judge looks at the issue of child custody, they will be required to make a decision that is in the “child’s best interests,” given all the factors involved.
• Child Support. Generally, in California, child support will need to follow the state’s guidelines. While there may be some exceptions, the calculation will serve as the baseline, and any variation will need to be justified.

Whether you are negotiating these issues with your spouse in hopes of reaching a separation agreement or need your strongest argument made in court, it is critical that you have a talented lawyer in Laguna Niguel representing your interests.

FAQs

Q: Does My Divorce Have to Go to Court?

A: Your divorce will need to go to the court, but that does not mean that it needs to be decided by the court. For a divorce to be finalized, it will need to be issued by a judge. A judge is going to be required to verify that the details of the divorce meet the standards of the law. However, this means that you are able to negotiate a separation agreement with your spouse, and as long as those details meet the expectations of the law, a judge will likely approve the divorce without making their own rulings.

Q: Is There a Waiting Period for Divorce in California?

A: There is a waiting period for divorce in California after it is initiated. The waiting period is not prior to filing. Some states require a period of separation before divorce proceedings can be initiated, but in California, as long as residency requirements are met, a divorce can be filed at any point. The waiting period in California is that a divorce cannot be finalized until it has been at least six months since it was initiated.

Q: Do I Need to Have a Laguna Niguel Divorce Lawyer?

A: You do not need to have a Laguna Niguel divorce lawyer, but it is better to have one. It is important to realize how complex the laws related to divorce can be and the benefits that the knowledge and experience of a lawyer can provide. This is particularly critical if the other spouse has a lawyer who is representing them as well. It is wise to have a lawyer representing you to ensure that your interests are given the strongest chance.

Q: How Long Will My Divorce Take?

A: How long your divorce will take can depend on a variety of factors. While some divorces may be finalized very shortly after the six-month minimum between the initiation of the divorce and its being finalized, other divorces can last much longer before they are final. Generally, the more amicable the parties are and willing to negotiate a separation agreement, the quicker the finalization of the divorce. On the other hand, a contentious divorce runs the risk of dragging on for some time.

It’s important to work with a family lawyer who can help minimize the conflict in order to move the divorce forward.

Divorces Our Difficult but Creative Family Solutions May Be Able to Help

While divorce may be the right choice in some situations, that doesn’t necessarily make the process of divorce any easier. When two lives are intertwined the way they are in a marriage, disentangling them can be technically challenging and emotionally draining. It is important to have an experienced party involved who can encourage the process along and seek solutions to the issues that come up.

At Cianci Law, PC, our team has experience working through some of the most complicated divorces and challenging situations. We take care to ensure that our clients’ interests are well-represented and advocated for. Our firm also recognizes the stress and emotional strain during this time and is sensitive to our clients’ needs, given these circumstances. For comprehensive help through your divorce, contact our offices today.