Orange County Contested Divorce Lawyer

Orange County is the perfect merger of coastal charm and a dynamic business industry. From the sandy shores of Newport Beach to the industrial corridors of Irvine’s Technology Park, Orange County is an affluent area. When divorce occurs for couples in Orange County, the stakes are high. If you and your spouse cannot reach agreements on various aspects of your divorce, an Orange County contested divorce lawyer can fight for you. Working with an experienced Orange County divorce lawyer from the start can help you feel more confident and prepared, even when things get tough.

At Minyard Morris, our team of 20 highly qualified attorneys has been serving the Orange County area for almost five decades. We have handled thousands of divorce cases, having fought hard and diligently for the rights of our clients inside and outside the Orange County Superior Court. We can make sure your needs and desires are met in your divorce case. Whatever your contested divorce case might include, we can fight for you and no one else.

What Makes an Orange County Divorce Contested?

In California, around 75 out of every 1,000 residents will undergo a divorce each year, giving the state an overall divorce rate of 7.45%. In some divorce cases, the couple may reach amicable agreements on how certain aspects of their divorce will be handled. However, when tensions and emotions are high between the couple, amicability is nearly impossible. A contested divorce then becomes your only option.

A contested divorce occurs when a couple cannot reach an agreement on their own regarding various components of their marriage dissolution. Therefore, they must look to the courts to make these determinations for them. The most common issues can include:

Child support. In California, when couples who share a minor child seek a divorce, one or both parents may wish to obtain child support. This form of financial support is intended to help the main custodial parent provide for the basic needs of their child. The courts will use a formula to determine fair amounts of support, taking into account both parents’ incomes and the specific needs of the child.
Child custody. If you and your spouse share children in Orange County, you will want to create a parenting plan. This will determine how and when your children will be cared for by each parent after the divorce is settled. The plan can include where your child will primarily live, how decisions regarding the child’s upbringing will be handled, and how much time the child will spend with each parent.
Property division. California operates as a community property state, so all assets acquired during the marriage are considered to be owned equally between the spouses. If you and your spouse cannot decide how to divide this property, the courts will need to do so for you. Community property can include the marital house, vehicles, and bank accounts.
Spousal support. In California, spousal support, otherwise known as spousal maintenance, is not awarded in every single divorce case. However, in circumstances where one spouse makes a significantly larger income than the other, a judge can order the higher-earning spouse to make support payments to the lower-earning spouse, either temporarily or permanently.

For families dealing with multiple legal matters at once, having an Orange County family lawyer can make sure everything from child custody to property disputes is handled the right way. If one or more of these topics are being contested by your spouse, the team at Minyard Morris will aggressively represent your interests.

How to Prepare for an Orange County Contested Divorce

If you and your spouse cannot reach agreements regarding the various topics of your divorce, you will need to appear before a judge who will make these decisions for you. This can be a difficult and lengthy process, and it is wise for you to prepare ahead of time. You can do this by taking the following steps:

Work with an experienced team of attorneys who, through skill, foresight, and planning, can fight for your interests in a contested divorce.
Understand your finances, including all your assets, debts, and forms of income – particularly crucial when dealing with complex property division in California. You can do this by gathering all bank statements, pay stubs, and tax records.
Maintain control over your own emotions when you need to present evidence or deliver statements to support your case. Letting your emotions get in the way can only harm your case. Hiring an attorney to represent you can help you do this.

FAQs

What Is the Minimum Time for a Contested Divorce?

The minimum time it might take for a contested divorce case to settle will vary. There are many different factors involved in a contested divorce that can affect its timeline. These include:

Where you live
The complexity of your divorce case
Whether you and your spouse can reach agreements regarding your divorce

How Can an Attorney Help Me With a Contested Divorce in Orange County?

When you work with the team at Minyard Morris, we can fight for your rights and interests, and no one else’s. We can aggressively represent you in court to secure for you the most favorable settlement. When representing you, our firm can work hard while prioritizing and protecting your desires.

Are Contested Divorce Cases Expensive?

Yes, most often, contested divorce cases in Orange County are more expensive than their uncontested counterparts. Usually, a contested divorce often takes a longer amount of time, and this extended period can incur more legal fees. You may also need to pay for third parties to be brought in, such as financial professionals or forensic accountants.

What If My Spouse Is Abusive in Orange County?

Orange County sees many acts of domestic violence and abuse. In one study, around 88% of the victims of fatal domestic abuse were women. Domestic violence can only add to the complexity of a contested divorce. During these cases, it is vital to contact an attorney immediately if you have suffered any kind of spousal abuse, sexual abuse, or other forms of domestic violence.

Consult a Fierce and Loyal Family Law Advocate Today

When facing a contested divorce, having an experienced and aggressive Orange County divorce lawyer representing you can be crucial. At Minyard Morris, we can work hard to achieve the most favorable outcome. Contact our offices today to schedule a consultation with our team and learn more about our contested divorce services.

Orange County Contested Divorce Lawyer FAQ

What Potential Procedural Paths Can a Divorce Follow?

No two divorces follow the exact same path. Below is an infographic illustrating the potential sequence of procedural events that may occur in a divorce. The financial condition of our courts, and the resulting congestion, has caused increased delays in concluding divorces that require a trial. It is not uncommon for divorces to be continued multiple times, and for days in trial to be separated by weeks, or even months, due to other pending divorces in the same courtroom.

What Role Do Experts Play in Divorce Litigation?

In divorce matters, the divorce lawyer establishes the strategy and executes the plan, but experts often play a critical role in the success of the case. Retaining the right expert is crucial. As with divorce lawyers, all experts are not created equal. An incompetent or unqualified expert can destroy a case.

Family law is far more complex than is generally understood. It is litigation, not unlike business litigation. The Evidence Code and the Code of Civil Procedure apply in divorce matters, as they do in other types of litigation. A divorce is, to a large degree, the division of partnership assets. The same fiduciary duties exist between parties before and after separation as exist in corporate and partnership relationships. If civil cases don’t settle, they proceed to trial. The same is true of divorce cases.

Divorcing parties can agree to divide assets, resolve issues, and settle their differences on almost any basis they choose. However, if they do not settle their conflicts, they may end up in a courtroom. Litigation may involve the testimony of experts. In a divorce, an expert is an individual who has special knowledge, skill, expertise, training, or education that make the expert’s opinions helpful to a divorce court on a contested issue. Experts are almost mandatory in certain situations. The qualifications and credibility of an expert can be critical in swaying the opinions of the divorce court. The early retention of an expert can significantly enhance the chances of a favorable settlement. The following experts may be used in family law matters.

The Potential Family Law Team

What Issues Create the Highest Likelihood of a Protracted Divorce?

Some issues are simply more complex or time consuming than others, and may extend the divorce process. For example, issues related to custody, domestic violence, or business valuation may extend the time required to complete a divorce. High net worth matters generally involve more assets and more issues, which can lengthen the case. Even with the more difficult issues, a divorce can be settled in a relatively timely manner, if the parties conduct themselves in a reasonable manner, retaining divorce lawyers who have the desire to solve problems, rather than create them.

Potential Sequence of Procedural Events in Child Custody Litigation

Is the Property Portion of a Divorce Similar to the Division of a Partnership?

The property portion of a divorce is the division of a partnership – a business transaction. The law dictates very specific and detailed procedures for this transaction which can take the form of a settlement or a trial. It’s incorrect to believe that dividing community property 50/50 means that the division will necessarily be simple and straightforward. Every case is different. Parties may disagree on the values of an asset, who is to be awarded the asset, whether the asset is community property or separate property, and whether there is a right to reimbursement relative to the asset. If the parties do not agree to a settlement, divorce litigation may occur. If litigation occurs, the court will follow the required procedures and the rules of evidence. The rules require the presentation of the facts in a specific format, which may consume considerable time and require detailed planning.

Evidence, Presumptions and Privileges

How Does Family Law View a Marriage in the Context of a Divorce?

Divorces are actions filed with the California Superior Court, and are either settled or litigated in a hearing or trial. Divorce litigation follows the same code of evidence and code of civil procedure as civil and business litigation. Family law views married people as partners, the marriage as a partnership, and a divorce as a dissolution of a partnership. A dissolution can be peaceful or hostile, and can be resolved through a settlement or litigation.

Do Most Divorce Cases Result in a Contested Hearing?

Family law issues may be settled or resolved in a trial or hearing. It is a misconception to think that retaining a divorce lawyer to represent you in a divorce will necessarily involve a hearing or a trial in your case. Most divorce cases that are technically “litigation” matters never proceed to a hearing or trial, and are settled between the parties or their lawyers.

One should hire a divorce lawyer who is capable of litigating a case involving the relevant issues, but who is settlement oriented, (if that is your objective0.

Any divorce case could end up in litigation, even cases that appear to be a guaranteed settlement. Often times, cases that appeared to be a guaranteed “war of the roses” will settle quickly. The direction a case takes often depends on which divorce lawyer is retained. See our sections “Selecting a Divorce Lawyer,” and “How to Speed the Process and Manage Attorney’s Fees.”

Are Most Child Custody Cases Settled?

The vast majority of child custody matters are not litigated and never proceed to court as parties generally settle their cases.

This infographic illustrates an example of the procedural events that could occur in child custody litigation. Not all contested child custody matters follow this exact path. Even if a matter is litigated, it is probable that there will not be a Evidence Code Section 730/Family Code Section 3111 custody evaluation. Even when a Evidence Code Section 730/Family Code Section 3111 evaluation is completed, there is a high likelihood that depositions will not be taken and that the case will be settled.

Potential Sequence of Procedural Events in Child Custody Litigation

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