Orange County ACCIDENT and DIVORCE Attorney

California is a no-fault state, which means that you do not need to prove any wrongdoing by either party to obtain a divorce. The most common ground for divorce is irreconcilable differences, which simply means that you and your spouse have experienced a breakdown in your marriage and cannot resolve your differences.

Orange County divorce attorney Shahnaz Hussain can guide you through the divorce process and help you understand the specific grounds for your divorce in California.

Legal separation is a legal process that allows couples to live separately while remaining legally married. It addresses issues such as child custody, spousal support, and division of assets but does not dissolve the marriage. Divorce, on the other hand, ultimately terminates the marital relationship and allows both parties to remarry if they choose to do so.

Let our experienced Orange County divorce attorney help you determine the best option for your situation and make informed decisions regarding your divorce.

The steps involved in filing for divorce in California typically include preparing and filing the necessary paperwork, serving the divorce papers to your spouse, negotiating and reaching agreements on various issues such as child custody, support, and property division, and finally, obtaining a judgment of divorce from the court.

Our dedicated Orange County divorce lawyer can assist you with the steps involved in filing for divorce, help you prepare and file the necessary paperwork, negotiate agreements, and guide you through the entire divorce process.

In California, child custody has two components:  Legal Custody and Physical Custody.

Legal custody is when the parents or parent makes important decisions for their child or children such as health care, education and welfare.  Physical custody is who the children physically live with.  The parents can agree to joint physical custody or sole physical custody.  The parents can also agree to have joint legal and joint physical custody.  Some parents want to have sole legal and sole physical custody of their children for valid reasons. 

Every case is different.  The parents can come to an agreement in mediation [a process where the court has the parents discuss custody issues to come to an agreement] or have a hearing on those issues if they cannot come to an agreement in mediation.  In some cases, custody becomes a big issue, and the parents will have to go to trial to determine who gets legal and physical custody. 

Our Orange County divorce attorney can provide information on the different types of child custody arrangements in California. We can help you understand the legal aspects of child custody and work towards achieving the best possible outcome for you and your children.

Spousal support, also known as alimony, is financial support paid by one spouse to the other after a divorce. In California, spousal support is determined based on factors such as the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the needs of each party. The court has discretion in determining the amount and duration of spousal support.

Our Orange County divorce lawyer can explain spousal support and how it is determined in California. We can also help you navigate the complexities of spousal support and advocate for your best interests.

If you are considering filing for divorce, it is important to consult with a family lawyer Santa Ana can trust — one like ours who can advocate for your best interests at every step. We at the Law Offices of Shahnaz Hussain can help you understand your rights, evaluate your options, and provide advice on how to protect your interests. It is also advisable to gather important financial and personal documents, such as bank statements, tax returns, and marriage certificates, to assist in the divorce process.

Divorce can have various tax implications, such as changes in filing status, deductions, and exemptions. It is important to consult with a tax professional to understand how your specific situation may be affected. They can provide guidance on issues such as claiming dependents, dividing assets, and potential tax consequences of spousal support or property transfers.

Our dedicated Orange County divorce lawyer can work with you to understand the tax consequences of your divorce and help you make informed decisions regarding issues such as filing status, deductions, and exemptions.

Dividing assets and debts in a divorce can be a complex process. California follows the principle of community property, which generally means that assets and debts acquired during the marriage are considered community property and should be divided equally.  But in certain cases, the division is not equal.  It is based on various factors such as whether the property was first separate property and at what time did it became a community asset.

However, exceptions and factors may influence the division, such as prenuptial agreements, separate property, and each party’s needs. It is highly advisable to work with our Orange County divorce lawyer to help negotiate a fair and equitable division of assets and debts. This way we can help you ensure a fair and equitable distribution based on California’s community property laws.