Orange County Divorce Lawyer

MARITAL DISSOLUTION / DIVORCE ATTORNEY IN ORANGE COUNTY, CA

Marriage can be difficult, and unfortunately, not every couple can overcome the challenges their relationship faces. Divorce is a complex and emotionally taxing process of ending a marriage contract, and it is often more complex and tedious than divorcing spouses anticipate.

If you expect to divorce in the near future, it is vital to have an Orange County family lawyer you can trust to guide you through the difficult proceedings your case is likely to entail. Divorce is never easy, but the right Orange County divorce attorney representing you can make the entire experience much easier to manage and more likely to result in a positive outcome.

Quinn & Dworakowski, LLP, was founded and continues to be managed by two attorneys, Stephane Quinn and David Dworakowski. Between them, they have over forty years of experience in family law, litigation, and other areas of the legal profession. Quinn & Dworakowski, LLP, is a name you can trust when considering which family law attorney in Orange County you feel confident in representing you.

As we are a two-partner practice, we pride ourselves on providing a personal service to each and every one of our clients, however big or small their legal issues may be.

Why Do I Need an Orange County Divorce Attorney?

Divorce is, according to leading psychiatrists, one of the most emotional and stressful experiences a person can go through, only beaten by bereavement. As a local resident, it is therefore essential that you have a qualified and experienced divorce attorney in Orange County who is familiar with local family law, has a good working relationship with local judges, and understands local rules, procedures, and precedents as well as having a solid background working with other parties and opposing counsel.

While it may be technically possible to act as your own legal counsel in divorce, this isn’t advisable or likely to result in the outcome you hope to see. It’s understandable to have reservations about hiring an attorney when you already face long-term financial strain from your divorce, but the alternative could be much more challenging to handle. However, the right Orange County marital dissolution attorney can provide peace of mind in navigating your divorce case.

We will assist you in a professional – and compassionate – way, in navigating the complexities of divorce from the issuance of the petition, through the entire legal process, and we will still be there by your side to ensure that you receive whatever you, our client, is entitled to receive in accordance with any court ruling.

OUR THREE PROMISES TO YOU:

1. We will, as your attorney, do anything and everything we can to ensure that your legal issues are resolved fairly and favorably.
2. We will work efficiently and intelligently and will always be mindful of your case and circumstances.
3. We will always work hard to ensure that a speedy resolution is reached based on your terms.

No attorney can promise any specific outcome in any given case, but when you choose Quinn & Dworakowski, LLP, to represent you in an Orange County dissolution case, you can expect compassionate and personalized legal counsel through every phase of your case. We’ll help you determine your best options for resolving your divorce, assist you in identifying areas of concern, and provide ongoing guidance and support as we work to develop a strategy for handling the complexities of your case. Our team has successfully overseen many past divorce cases on behalf of clients throughout the Orange County, CA, area, and we are ready to apply this experience to your case.

AS ORANGE COUNTY FAMILY LAWYERS, OUR OTHER AREA OF EXPERTISE INCLUDE:

1. Child Custody & Visitation. Divorces between married parents will require a custody determination, and this is likely to be the most emotionally stressful aspect of a divorce. However, it’s also possible for unmarried parents to face complex custody determinations. Our team can assist you with child custody and visitation issues, whether they are components of divorce cases or standalone issues.
2. Child Support / Modification. Any child custody determination will involve a child support agreement as well. The Orange County family court must ensure that a child’s basic living expenses are covered and that both parents equally contribute to addressing their children’s financial needs. We can guide our clients through initial custody and support determinations and modification proceedings when changes to a standing court order become necessary.
3. Spousal Support / Modification. When divorcing spouses have very different financial situations, spousal support may come into play to ensure the lower-earning spouse has the financial assistance they need to maintain a suitable standard of living compared to what they had while married.
4. Division of Assets. Property division in California divorce cases unfolds according to the state’s community property statute. It’s easy for property division to be hotly contested by both divorcing spouses. We can provide the legal counsel you need to approach this aspect of a divorce or separation with clarity and confidence.
5. Restraining Orders. A restraining order is a family court order that prohibits an individual from coming into contact with another party. These orders are typically issued in response to domestic violence, and violation of a restraining order carries severe penalties.
6. Domestic Violence. Thousands of people living in California experience domestic violence each year. We can help our clients secure legal protection from further abuse, and we represent those who have been falsely accused of committing domestic violence against others.
7. Civil Harassment. Civil harassment cases typically revolve around domestic altercations between neighbors, employees, and other parties not related by family or household ties. We have assisted both victims and those accused of civil harassment to navigate their cases successfully in Orange County, CA.
8. Prenuptial, Postnuptial & Cohabitation Agreements. Our firm has extensive experience in drafting contracts between private parties, specifically those pertaining to prenuptial and cohabitation agreements.
9. Appeals & Writs. If you need to challenge a family court ruling in Orange County, it is vital to work with a lawyer who has a firm understanding of the appellate procedures that apply to your situation.

Quinn & Dworakowski, LLP, strives to provide client-tailored legal representation in every case we accept. However, we know that no two divorce cases are alike and that everyone who goes through the dissolution process has unique needs and concerns.

How Much Does It Cost to File for Divorce in Orange County?

Each divorce case is different and unique in its own right. Each divorce case can come with its own unique costs depending on the complexity of the case and the necessary fees needed based on the timeline of the case. There are, however, some basic court fees that are associated with almost every divorce case in Orange County.

Each Orange County divorce will be subject to a court fee between $435 and $450. This is the basic cost of filing a petition for the dissolution of a marriage. For divorce cases that have spouses who mutually agree to the terms of the divorce and do not require significant legal attention, the filing fee will make up the bulk of the expense for divorce.

It should be noted, however, that once the divorce is filed, another significant factor is the way in which community property assets will be divided up.

There are other variable costs associated with a divorce that can significantly impact the total cost one might have to pay. For example, if there is the belief that one spouse is hiding assets from the other, a professional forensic account may be necessary to uncover these assets. Also, if you need to hire any type of expert to uncover any evidence or to testify on your behalf in court, this could increase the cost of the divorce.

How Much Do You Pay a Divorce Lawyer in California?

The amount of pay for a divorce lawyer and family lawyer in California can range widely from about $12,000 to $15,000. This range also takes into account that a fair amount of uncontested divorce proceedings in California take about eight months to finalize and about eighteen months to finalize for those that are contested. The hourly rate for a divorce attorney is roughly $300 per hour in California.

A divorce lawyer is paid based on the length and complexity of the case. If a divorce case becomes increasingly more complicated and requires multiple motions, witnesses, and paperwork filings, the attorney fees could become more costly. If there are large disagreements between the spouses, then it could cause the case to last longer. There is also the factor of children, assets/wealth, or potential domestic violence factors that could all influence the costs associated with the case.

A final factor that affects the pay for a divorce lawyer is the reputation and the amount of experience the attorney has. Generally speaking, divorce attorneys who have higher name recognition, a substantial reputation, and quality experience in family law are going to be more expensive than inexperienced divorce attorneys.

It is important to remember that within the legal profession, you typically get what you pay for. It could be a tremendous benefit to have a quality divorce lawyer on your side handling your case.

Common Fee Structures for Family Lawyers

The most common fee structure that family lawyers typically use is the hourly rate structure. Attorneys typically charge hourly fees for cases that are more complex in nature. Hourly work includes time spent completing consultations, and representing clients in court, and completing the necessary paperwork. Hourly rate structures can also be advantageous to clients who believe that their case will be settled quickly.

Another fee structure is a flat fee, which attorneys typically charge when the case is fairly straightforward without any real nuances. A significant advantage of this fee structure is that clients know what they pay upfront.

It is important to know that when it comes to family law cases, California attorneys are not permitted to enter into any fee arrangements that are on a contingency basis. A contingency fee is a payment made to the attorney that is contingent upon the success of the case. California’s family laws are designed to allow each spouse to have access to legal representation no matter what their financial situation is.

What If I Can’t Afford a Divorce Lawyer in California?

If one cannot afford the attorney they want, they could be able to get a free divorce lawyer. Low-cost legal assistance is typically available from different legal aid organizations. There are California legal service websites that aim to promote free or low-cost help for those who cannot afford the assistance of a typical legal firm. The State Bar of California also funds legal aid organizations all over the state to help provide legal services to low or moderate-income individuals.

If you are experiencing a difficult financial situation, there are also ways to file for divorce and potentially get all filing fees and court-related fees waived. The state of California does offer an indigent divorce option for people with low to moderate incomes. An indigent divorce is similar to a fee waiver. It is a request made by the individual to have all court fees tied to the divorce proceeding waived.

California law cares about its citizens and does not want financial hardship to be a reason why people cannot break away from an undesired marriage. To get the related fees waived, one would obtain the relevant divorce paperwork from a county clerk and then request the necessary forms for the indigent divorce. You do have to provide evidence of the financial hardship to the court for the necessary fees to be potentially waived. The indigent divorce would then be either approved or denied after a hearing.

Other Options

It is possible for the judge to order the spouse to pay for all or part of the court costs if the other spouse cannot afford it. There are a few different options available for those who cannot afford the total legal costs of the divorce proceedings. It takes the knowledge and legal connections of an experienced divorce attorney to help those who need it most during their divorce proceeding. A divorce can be a very emotionally tolling experience, and a good lawyer can help relieve some of that burden.

What Does California Divorce Entail?

Divorce is much more than simply ending a marriage contract. It is also a formal legal process of determining ownership rights over the couple’s property and deciding custody and support for their minor children if they have any. As a result, your divorce could be more complex than you initially expected, and it’s vital to have legal representation you can trust to guide you through your dissolution proceedings as efficiently as possible. Some of the fundamental components of most dissolution cases in the Orange County, CA, family court system include property division, child custody determination, and spousal maintenance.

When it comes to property division, this aspect of divorce unfolds according to California’s community property law. Anything that qualifies as marital property shared by the divorcing spouses is subject to 50/50 division under this law. “Separate” property is anything a spouse owned before the marriage, inherited from family, or received as a gift during the marriage. In addition, some separate property would qualify as marital property if the other spouse helped to improve its value during the marriage.

Child custody is typically the most contentious aspect of any divorce between parents. If you have children and plan to divorce in California, you and your spouse must resolve custody and child support through the Orange County family court. While alternative dispute resolution can potentially help you settle many aspects of your divorce without any need for litigation, this does not apply to custody and support issues. A judge must rule on the matter, and they have the final say when it comes to what type of custody order would best suit your child’s needs and interests.

Spousal maintenance often comes into play when one spouse earns a substantially higher income than the other or when one spouse is entirely dependent on the other for financial support. Also known as alimony, spousal maintenance is paid monthly from one spouse to the other following divorce. The amount paid typically hinges on the difference between their respective financial situations, and the time that payments must continue typically reflects the length of time the marriage lasted.

Some divorces entail additional issues that are even more difficult to address, such as domestic violence. When a married spouse has been subjected to physical, sexual, or emotional abuse during their marriage, or when their spouse has harmed their children, presented a danger to the family due to substance abuse, or been convicted of violent crimes, these issues will undoubtedly have a strong bearing on the outcome of their divorce. If you have experienced any such issues in your marriage and are now preparing to divorce a potentially dangerous spouse, you need an Orange County marital dissolution attorney who can help you navigate the situation as safely and efficiently as possible.

Alternative Dispute Resolution for California Divorces

Contrary to widely held belief, resolving a divorce case in a heated courtroom battle is not always necessary. Divorce litigation is time-consuming, stressful, and expensive for both spouses. Many couples who choose to divorce in California opt for alternative dispute resolution to avoid the stress and expense of litigation. Collaborative divorce and divorce mediation can provide substantial relief when handling difficult divorce cases.

In collaborative divorce, you and your spouse would meet privately with your respective attorneys to negotiate a divorce settlement. As long as you are willing to compromise on various issues, it’s possible to reach more agreeable divorce terms than you could expect from an Orange County family court judge. Mediation is similar to collaborative divorce but involves a mediator helping to guide negotiations and keep conversations productive. The mediator helps the couple draft their divorce order.

It’s important to remember that while alternative dispute resolution offers several advantages over litigation, there are some issues that cannot be resolved privately. Specifically, divorcing parents cannot resolve custody or support for their children in alternative dispute resolution. They may draft a proposal for a parenting plan that includes their preferences, but a family court judge must review and approve it. The Orange County family court system is obligated to preserve the interests of any children the court’s rulings affect.

How Is Child Custody Determined in Divorce?

When married parents divorce and an Orange County family court judge must determine custody and support for their children, the judge must weigh several factors to determine what type of custody arrangement is most suitable for the couple’s children. Some of these factors are:

• Each spouse’s income and work schedule.
• Each spouse bonds with their children.
• Records of criminal convictions, especially those involving violent crimes, domestic violence, or child abuse.
• Each spouse’s age and overall health.
• Histories of substance abuse disorders and mental health conditions that could adversely affect parenting ability.
• The child’s unique needs, such as developmental delays, medical conditions, and disabilities.
• The child’s preferences if they can convey them to the court.
• Existing custody orders either parent holds from previous relationships.
• The living arrangements of each of the parents.

The judge will also examine any unique details in a custody determination to decide what custody arrangement would best suit the child’s needs and interests. Child custody determinations revolve around two forms of custody: legal custody, which can make significant decisions for a child, and physical custody, which pertains to the child’s residency and where they will spend their time. Judges typically strive for joint custody arrangements as long as both parents are fit, as children tend to thrive best when they have access to both of their parents.

A joint custody arrangement can divide legal custody between the parents, but for one of the parents to have greater physical custody. In this situation, the other parent would likely owe child support to the parent with more physical custody to address the children’s everyday needs.

How Is Alimony Calculated?

If spousal maintenance or alimony comes into play in a divorce, the judge handling the case will use a specific formula to determine how much alimony must be paid each month. The judge will assess the total monthly income of each of the spouses minus necessary expenses. The typical formula is to take 40% of the income of the higher-earning spouse and subtract half of the income the lower-earning spouse makes. Therefore, if the spouse with the higher income takes home $10,000 each month, then 40% of that income is $4,000. If the spouse who makes less earns just $3,000 per month, 50% of this would be $1,500. Calculating alimony in this example would mean subtracting $1,500 from $4,000 for a support amount of $2,500 per month.

Alimony can fluctuate in many ways for many reasons. For example, if a spouse would typically be entitled to receive alimony intentionally squandered marital assets in the months prior to the divorce or lied to the court during dissolution proceedings, the judge is likely to consider this when calculating alimony. It’s also possible for a divorcing couple to have a prenuptial contract that specifically dictates alimony arrangements in the event of divorce. As long as the prenup is legally enforceable, this clause may guide the court’s decision regarding alimony.

Financial Disclosure in Divorce

One of the most critical and complex aspects of the marital dissolution process is financial disclosure. Both spouses must provide records of all their finances, including separate and marital property. The financial disclosure statements provided by the divorcing spouses have a significant bearing on various aspects of divorce, including property division, child support determination, and spousal maintenance arrangements.

Working closely with your Orange County marital dissolution attorney to complete the financial disclosure process correctly is imperative. If you attempt to hide assets to protect them from your divorce, you risk facing contempt of court and even criminal prosecution. In addition, if your spouse suspects that you have hidden assets, they will likely have their attorney investigate the matter by consulting expert witnesses such as forensic accountants. You could do the same if you suspect your spouse was untruthful when they detailed their personal finances.

If it is discovered that a divorcing spouse attempted to hide assets in a financial disclosure statement, the penalties for contempt of court can include fines and jail time. Their behavior will also sway the judge’s favor toward the other spouse. The at-fault spouse may lose a portion of spousal maintenance they would have otherwise qualified to receive and face additional scrutiny from the court throughout the rest of their proceedings. If the other spouse incurred more legal fees to expose their hidden assets, the judge would likely hold the at-fault spouse accountable for these expenses as well.

Important Information After You Finalize Your Divorce

It’s important to understand that finalizing your divorce does not mean you will never need to confront your ex in family court again. Life can present unexpected problems in many ways, and some unpredictable issues can influence a standing family court order. The modification process allows anyone beholden to an Orange County family court order to request reasonable changes to the order in light of recent events beyond their control.

If you believe you have grounds to petition for increased or decreased child support, an adjusted alimony obligation, or any other changes to your divorce order, you must file a petition for modification with the Orange County family court. This petition needs to include a clear description of the changes you seek and a detailed explanation as to why each change is both reasonable and necessary. For example, you could file a petition for a reduced child support obligation if you suffer a catastrophic injury and can no longer work, but you cannot quit your job and then claim you can’t afford child support anymore. An Orange County marital dissolution attorney is a great resource to consult if you are unsure whether recent events constitute valid grounds to petition for modification of your divorce decree.

Find the Legal Counsel You Need Today – Marital Dissolution Attorney CA

Divorce could be one of the most challenging experiences of your life in many ways, and the outcome of your dissolution could potentially influence the next several years or the rest of your life. It’s understandable to have many questions and concerns about how this process might unfold for you, and the best resource to consult is an experienced Orange County divorce attorney. The sooner you meet with an attorney to discuss your case, the more prepared and confident you can be as you confront the difficult proceedings ahead of you.

Quinn & Dworakowski, LLP, has the skills, experience, and legal resources necessary to guide our clients to the best possible outcomes in the most challenging divorce cases. If you are ready to discuss your situation with an experienced and reliable Orange County marital dissolution lawyer, contact us today to schedule your consultation with our team.