Going through a divorce can be a challenging scenario, no matter what the divorcing couple’s unique circumstances are. When one of the spouses is a member of the medical profession, this can add another layer of unique legal complications. In these situations, the guidance and support of an Orange County medical professional divorce lawyer can prove essential.
Fortunately, the attorneys at Quinn & Dworakowski, LLP, are highly versed in the legal nuances of divorce cases involving one or two members of the medical profession. We understand the difficulties of medical professional divorces, from securing your professional reputation to dealing with complex and, typically, high-value assets. If you are a member of the medical profession and are seeking a divorce, speak with an experienced attorney.
When a marriage dissolves, the process can be emotionally fraught and time-consuming. The divorcing couple must make certain decisions about how they will proceed, and these decisions can cause contentions to arise, especially when one or both spouses are medical professionals. In Orange County, CA, the process of divorce typically follows these steps:
Because California is considered a “no-fault divorce” state, either of the spouses, but only one, may begin the divorce process by filing a petition for divorce. Once that has been filed with the courts, the other spouse will be served and given a chance to file their response.
The next step is known as disclosure. Here, the spouse who filed for the divorce will be required to share all their financial information with the other spouse.
The other spouse will only be required to share their financials in cases where they have formally responded to the divorce petition or are seeking court approval for a divorce agreement. The main priority of this step is to more quickly finalize the divorce.
In any divorce, but especially in high-asset divorces, like those involving members of the medical field, this step will likely be the most difficult and emotionally challenging. At this time, you and your spouse will begin to make decisions regarding asset and property division, spousal support, child support, and custody rights.
If the spouses cannot reach an agreement via negotiation or mediation, the courts will decide for them. In this scenario, the divorce will be subject to a trial before a judge.
Once the steps outlined above have been completed, you can then file a divorce finalization request. This will require all contentious subjects, such as child support, child custody, and spousal support, to be agreed upon by both members of the divorcing couple. Then, the divorce can be finalized.
Divorces involving members of the medical profession, such as doctors who own and operate their own private practice, can be exceptionally challenging. These divorce cases can have many unique nuances. At Quinn & Dworakowski, LLP, our attorneys have vast experience in representing the interests of those involved in these kinds of divorces. Our firm can work diligently to protect your medical business or practice.
If you own and operate your own medical practice, your main concern is most likely what will happen to the practice you have built after your divorce. Under the community property rules of California, all assets and debts owned in the marriage, or acquired in the time you were married, should face an equal division. However, if there was a prenuptial agreement signed before the marriage, there may be exceptions to this ruling.
If a medical professional establishes their practice during the time of their marriage, the practice will need to be valued and incorporated into the division of property during the divorce. Depending on the exact nature of your divorce, you might find that half of your medical practice is now owed to your soon-to-be ex-spouse.
Likewise, if your practice was established before your marriage but increased in value throughout your marriage, that increase will be viewed as community property. Therefore, it is essential that you have an attorney on your side who can value your medical practice and fight to protect your business interests.
In California, the amount you pay a divorce lawyer varies from law firm to law firm. Additionally, it can be difficult to assign an exact number as to what an attorney may charge, as it is based on different factors involved in each divorce case. These can include the complexity of the case, the duration of the case, and the attorney’s own experience and location.
When looking for an attorney who can handle the legal side of your divorce case, you want to find someone who focuses on family law. Family law covers a wide array of scenarios in many divorces. These can be issues such as child support, alimony, child custody, and property division. If a medical practice is involved, you need an attorney who can also handle cases with high-value assets.
In California, a high-asset divorce is one in which the couple owns a significant amount of property and wealth. These cases can be extremely complex and usually require a professional appraisal. They are also often quite contentious, as most couples have a difficult time coming to an agreement on how their assets should be split.
In California, it can be difficult to offer an exact timeframe for how long it might take to settle and finalize a divorce. There can be several factors involved that influence the overall timeline of a case. These can include:
If you are facing a divorce in Orange County and are a member of the medical field, you need an attorney who understands both the nuances of family law and how these laws apply when a medical practice is owned and operated by one or both of the divorcing spouses. At Quinn & Dworakowski, LLP, we understand these nuances and can work hard to protect your legacy. Contact our offices today to learn more information.
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