Orange County Divorce Attorney for Men
With over 100 years of combined legal experience, our team is highly qualified to provide legal services for your most difficult family circumstances.
Orange County Divorce Attorney
No matter the circumstances, divorce is one of the toughest experiences for anyone dealing with the aftermath of a marriage that did not work out. Along with the emotional toil of divorce, many men are left with frustrations, new expenses, and a number of questions on the logistics of handling the divorce itself. Even with the most amicable of splits, litigating things like custody and finances can quickly become a tough legal situation.
When it comes to getting the legal help you need to navigate divorce, you’ll need divorce lawyers who understand the nuances of the law to protect your legal rights. You will also need someone who can understand the frustrations and emotions that come with the process.
DeArmey Law: Your Orange County Family and Divorce Attorneys
That is why the Tustin family attorneys of DeArmey Law are here to help you navigate your divorce in a way that focuses on fighting for your legal rights through a compassionate and understanding lens. And with over 40 years of tackling cases and assisting clients in the Tustin area and beyond, our team is prepared for even the most complex divorce cases. We have the expertise to make them as painless as possible for our clients.
Our Tustin divorce lawyers take their time to get to know you and the frustrations and needs of your case. We can find the best solutions to any potential legal complications that could arise during your divorce negotiations. Our goal is to make sure that you receive the best outcome possible in your divorce.
While there are nuances to all divorce cases, we can help you get started on the process by answering some commonly asked questions when it comes to divorce.
How Much Does a Divorce Cost in California?
The average divorce in California typically costs about $17,500, which is nearly $2,500 more expensive than the national average. However, divorce costs can vary depending on the circumstances. There are also a number of methods that vary in price.
Cost Indicator: How to Choose Your Divorce Method
While many men new to divorce proceedings might think there are only two paths to divorce, there are actually a number of additional options within both mediation and litigation.
If you choose to litigate, it will likely be the most expensive of your options, as you will each need to hire an attorney and navigate divorce court before reaching a divorce decree. The amount of time you spend litigating will be the major determining factor in your total costs. Despite the expense, sometimes you are left with no choice but to pursue this route. If your spouse is being preemptively uncooperative, you will need to protect all your rights.
Typically, the second-most expensive avenue for divorce is collaborative divorce. This method will heavily rely on mediation between both parties, but negotiations will take place in the same room with professional assistance. Most of the costs in this option come from hourly professional rates, as both parties will still need an attorney. In most cases, each party will be responsible for their own attorney’s fees, although there are a few exceptions.
This method often also includes a number of non-legal professionals, including divorce coaches, who assist with the emotional strains and frustrations that the process entails. There are also other specialists like accountants, child specialists, or real estate agents. These costs can add up very quickly, typically costing between $25,000 and $50,000. However, it is one of the most effective divorce paths for a good and healthy outcome. This can also be an excellent method to avoid a major court custody battle.
Following collaboration, mediation can be a much more affordable path to divorce, involving attorneys and mental health specialists to assist with negotiations. As in the methods above, much of the end cost will depend on how long the mediation runs, with typical hourly rates being anywhere between $100 and $250 per hour. This is a great way to get the legal assistance you need without some of the higher costs of other methods.
Some people may even attempt to divorce on their own, in which both parties handle all discussions and negotiations without the assistance of a third party. They will only have to pay court fees, and they will fill out all the legal forms themselves. While saving money can sound appealing, not having the legal expertise you need during a trying time can lead to mistakes and even bigger frustrations and expenses down the road.
Cost Indicator: Is Your Divorce Going to Be Contested or Uncontested?
There are several key components that will likely dictate the cost of your divorce.
The most expensive divorces tend to involve the courtroom, meaning that contested cases will be the more expensive option. These costs cover the California court system’s ability to settle any disagreements and negotiations, including alimony, child support, custody, division of any marital properties, and more. To navigate this process successfully, you will want the expertise of a lawyer who fully understands the system and can help defend your legal and custody rights, even though this will mean additional legal fees.
Meanwhile, an uncontested divorce is usually settled civilly, which means there are far fewer costs associated with dealing with the court system. The court sessions will be shorter, and the case will settle much more quickly. In addition, you will want a lawyer to assist with the proceedings. They will be working hard to mitigate any potential escalations and reach a fair agreement that will ultimately cost less.
Whichever divorce you are undergoing, our Tustin family attorneys are here to help.
Cost Indicator: What Are the Costs to Watch Out for During a Custody Battle?
Your divorce cost will fluctuate heavily depending on whether you and your ex-spouse have children together. Whether child custody is a point of contention or something both parents have already reached an agreement on, it will typically send divorce cases to court. This is because your custody agreement will prohibit summary dissolution.
This can slow down divorce considerably, which means a longer wait between the initial filing for divorce and the actual decree itself. It can also lead to more paperwork and the possibility of unexpected issues, which could result in more time in divorce court.
While these proceedings are standard for the most amicable of separations, they become more costly when your case involves issues of child custody and support.
In court, most arguments and paperwork for custody battles will revolve around providing evidence that either party is a safe and effective guardian for the child. Gathering this information from numerous sources will also take a lot of time and money. If you are dealing with a contested divorce, your former spouse might also be collecting evidence against your eligibility to continue being a guardian in your child’s life. This can not only prolong a court battle but also be emotionally exhausting.
When it comes to your child, you want to do everything you can, regardless of the cost. Our Tustin family attorneys will work hard to get you the custody rights you deserve.
What Are Some Other Important Things to Know When Negotiating Child Custody?
When negotiating child custody, you will first need to determine who has legal custody of your child and who has physical custody. Legal custody determines who will be making important decisions about healthcare or education for your child, while physical custody specifies who your child will live with. These terms can vary, with some custody falling more specifically to one parent. Alternatively, these terms can also refer to joint custody, meaning that both parents have equal say and time with their kids.
In determining custody, you will also set terms for parenting time, which will impact the custody tiers mentioned above.
The first is “parenting with a schedule,” which means that your child will spend time between you and your ex according to a weekly (or biweekly) schedule. This schedule can be helpful to ensure your child is getting equal time with both of their parents. They can also share big events with one parent or the other, such as spending Christmas Eve with one parent and Christmas Day with the other.
Mediation can help the parents determine their own schedule with their child. They may even be able to figure out who their child spends time with without building a set schedule. If both parties are flexible and fair, this is a solid option to add some flexibility to account for the unexpected. However, if either party can be controlling or dishonest, it is best to stick with the schedule arrangement.
If there are concerns about a child’s safety with one of their parents, there is the option for a supervised agreement. In this situation, one parent has custody and the other is allowed visitation, where they can spend short periods of time with their child under legal supervision. This can also be used to transition towards other parenting methods, especially if the parent has simply been away and not had time to spend with a child until recently.
If one parent is considered a clear and present danger to their child, no visitation can be requested or enforced, meaning that one parent has no rights to visit their child. While this is uncommon and only used in the most extreme cases, it is a viable legal option if one parent has a history of clear and harmful child abuse.
If there are noticeable changes for better or worse from your ex, you can also file paperwork to change the type of custody and parenting plan you have. You can file new paperwork to take over more custody of your child if their other parent is putting them in dangerous or unhealthy situations. Conversely, if an ex-spouse has grown and become a safer influence to be around, you might wish to grant them more custody if they have risen to the occasion and become a better parent. Either way, you can work to change the situation so that it is always what is best for your child.
Our Tustin family attorneys understand the nuances of any divorce and that the most important aspect is ensuring a great future for your child. We will work closely with you to learn not only what will work best for you but also to provide helpful advice and direction to help you reach the best custody agreement for you and your child.
How Much Does a Lawyer Cost in Orange County, CA?
Typically, lawyers in Orange County work based on hourly fees, which range anywhere from $93 an hour to as much as $480 an hour, with an average of around $300 per hour.
Who Pays for the Divorce Lawyers Under California Law?
This is a common question in contested divorces, which are traditionally among the most expensive divorce proceedings. Whether a couple is debating child support and custody, unable to reach a fair number for alimony, or even fighting over who keeps the family pets, it is hard for either party to pay for the extended expenses when debating every detail that needs to be settled.
This often makes things more difficult for both individuals’ finances. If there was an inciting incident such as infidelity, many spouses are left with the question of whether they should force their ex to pay for all these additional fees.
Based on California law, each spouse typically pays for their own lawyer, no matter the circumstances or the cost. California is listed as a no-fault divorce state, so it is rare for any court to assign this responsibility to one individual in a divorce case. There are a few specific times when a court might order a husband to pay for the wife’s divorce lawyer, or vice versa.
Although it is a rare occurrence, a court can order a spouse to pay their ex’s legal fees if they were working to engage in intentionally disorderly conduct in order to slow down any divorce settlements. This payment is usually intended more as a deterrent to prevent this kind of behavior than as a pre-planned cost.
More commonly, a court will implement this rule if there is a large disparity in assets and annual earnings between a separating couple. If this limits their ability to pay for a lawyer, the spouse with the higher earnings could be required to cover all legal costs for both parties. This ruling, while frustrating if you are the one paying, is meant to ensure fairness throughout the divorce proceedings.
Our Tustin family law attorneys know the ins and outs of your legal rights when it comes to litigating costs. We can work hard to get you the financial fairness you deserve in your divorce.
What Are Some Additional Tips for Men Going Through Divorce?
There are a number of helpful tips and tricks to help men take the right steps to handle divorce with as little pain as possible.
If you have the option to mediate your divorce, you can save money as well as protect your children and family from a lot of additional emotional trauma. As hard as it may be, taking the time and energy to be civil instead of reactionary will be key to moving on to the next stage of your life.
Similarly, you will want to do as much as you can to treat your divorce as an honest business negotiation. Use facts and logic to reach the best conclusion for all parties, and be open and honest in the process. As tempting as it may be to take measures to protect assets, with a Tustin family attorney, we will know how to mediate situations to reach fair resolutions that are best for you and your family.
Another tip to remember is that, even if you are ready to finish your divorce, you should not settle as fast as you can. It is critical that both parties have fully developed financial plans and safety nets. You both must complete all the important paperwork, from pension statements to tax forms to credit card records. You will also want to make sure any children are covered under a health insurance plan during and after the process.
As you are getting everything in order, be sure to look at your will. You want to make sure that if something happens to you, your gifts go to the people you want to be your beneficiaries.
Contact the Orange County Divorce Attorneys at DeArmey Law
Divorce is never easy. That is why our team has the compassion and expertise to ensure the best results for your family going forward. We work to ensure the best outcome for you and your children while providing you with the legal help to get you what you need. Our Tustin family attorneys know how to navigate the complexities of divorce, and we are here to help you through a difficult time in your life.
For more information on how we can help you, contact DeArmey Law online today.