Newport Beach Divorce Lawyer

Newport Beach Divorce Lawyer

Newport Beach Divorce Attorney


Dissolving a marriage involves crucial decisions about the welfare of your children and the equitable division of your assets. The California attorneys at O’Leary & Shenasan Law are experienced in divorce law. We consider all aspects of your divorce case to develop the best possible solutions regarding:

  • Child custody and visitation rights. We understand that child custody and visitation issues can be emotionally charged and difficult to navigate. Our experienced attorneys can help you negotiate a fair and workable agreement that protects your child’s best interests.
  • Child support. We can assist with all aspects of child support; determining the appropriate amount of support, as well as modifying and enforcing support orders.
  • Distribution of personal property, bank accounts, stocks and other assets. We can help you navigate the division of marital property and ensure that you receive your fair share of assets.
  • Division of marital debts. We understand that dividing marital debts can be complicated. Our attorneys can help you negotiate a fair agreement that protects your financial interests.
  • Sale or possession of the marital home. We can assist with the sale or possession of the marital home. Our team can ensure that your rights are protected throughout the process.
  • Spousal support and temporary support. We can help you determine the appropriate amount of spousal support or temporary support for you or your spouse and ensure that your rights are protected.

No matter what family law matter you are facing, our skilled Newport Beach divorce attorneys are here to help. We pride ourselves on our commitment to client satisfaction and our record of success.

The Different Types of California Divorce

In California, there are several types of divorce that couples can choose from. The most appropriate one depends on their unique situation. Here are the different types of California divorce:

  • Uncontested divorce. In California, this kind of divorce is the most typical. When both parties agree on all divorce-related issues, such as property division, child custody, child support, and spousal support, it is known as an amicable divorce. An uncontested divorce might result in a straightforward and reasonably priced process.
  • Contested divorce. A contested divorce occurs when a couple cannot agree on one or more issues related to the divorce. In this case, the court will have to make decisions on these issues. This can lead to a more complex and costly divorce process, however, if litigation is required, we have years of trial experience and are tireless advocates for our clients.
  • Collaborative divorce. This type of divorce involves the use of a team of professionals, including attorneys, financial experts, and mental health professionals. They help the couple reach an agreement on all the terms of the divorce. This process may be more expensive than an uncontested divorce, however, it can also be faster and less contentious.
  • Mediated divorce. This impartial and effective process helps both parties resolve their conflicts outside of a courtroom. With mediation, we can guide our clients through the mediation process, and work to determine what approach is best for them. Mediation can be less expensive and is designed to be less contentious than a contested divorce.
  • Default divorce. This type of divorce occurs when one party fails to respond to the divorce petition or does not participate in the divorce process. In this case, the court will make decisions on all the terms of the divorce based on the petitioning party’s requests.

It is important to speak with an experienced California divorce attorney before initiating a divorce. They can help you determine which type of divorce works for your unique situation.

Effective Family Law Mediators in Newport Beach, CA

Mediation is a form of alternative dispute resolution that is commonly used in Newport Beach and Southern California divorce cases. Our attorneys act as a neutral third-party mediator who works with both parties to reach a mutually acceptable resolution to their divorce.

Mediation gives you and your spouse the opportunity to negotiate a divorce settlement in a structured setting through a trained facilitator. The mediation process fosters cooperation between partners and removes the unpredictability and uncertainty associated with litigation. Mediation often reduces the time and costs of divorce and puts the decisions in your hands. The experienced negotiators at O’Leary & Shenasan Law can help you obtain the most equitable divorce settlement, fair child support agreement and healthy child custody arrangement.

When Litigation is Required for Newport Beach Family Law Matters

Sometimes litigation is necessary to reach a just and equitable resolution to your family’s disputes. Through tactical trial strategies and professional courtroom presence, our skilled litigators successfully represent clients throughout the adversarial litigation process. We are prepared to handle the complex aspects of your divorce methodically to obtain the most favorable trial outcome.

In California, most family law cases are resolved through settlement negotiations outside of court. However, if both parties are unable to reach an agreement, the case can proceed to trial. During the trial, our skilled litigation attorneys will present evidence and arguments to a judge who will then make a final decision on the matter.

In California, litigation for family disputes follows the general procedures and rules for civil litigation in the state. Family law cases are heard in the California Superior Courts. They can involve a wide range of issues, including:

  • Divorce
  • Child custody
  • Child support
  • Spousal support
  • Property division
  • Domestic violence

To initiate litigation for a family law matter in California, one party must file a petition or complaint with the appropriate court. The other party is then served with the paperwork and has the opportunity to respond. From there, the parties will engage in the discovery process. They will then exchange information and gather evidence to support their case.

Litigation for family disputes in California can be a complex and lengthy process. It is important to work with an experienced Newport Beach divorce attorney who understands the nuances of the California court system.

Newport Beach Divorce: Costs You Can Expect

The cost of an Orange County divorce can vary depending on several factors, such as:

  • The complexity of the case
  • The amount of time and work involved
  • The attorney’s level of experience and reputation

Here is a breakdown of some of the typical costs associated with an Orange County divorce:

  • Attorney fees. Most Orange County divorce attorneys charge an hourly rate, which can range from $200 to $500 or more per hour. Some attorneys may also charge a flat fee for certain services, such as drafting a settlement agreement.
  • Court filing fees. The cost of filing for divorce in Orange County varies depending on the type of case and the court where it is filed. The filing fee for a divorce petition in Orange County Superior Court is $435 as of 2023.
  • Mediation fees. If the parties choose to resolve their divorce through mediation, there may be additional fees associated with hiring a mediator.
  • Expert witness fees. In some cases, expert witnesses may be necessary to provide testimony on issues such as property valuation, child custody, or spousal support. The cost of expert witness fees can vary widely. It will depend on the type of expert and the amount of time they spend on the case.

It is important to discuss fees and costs with your Orange County family lawyer upfront. That way, you have a clear understanding of what to expect and can make informed decisions about your case. Your attorney can provide you with a more detailed breakdown of the costs associated with your specific case.

FAQs About Newport Beach, CA Divorce Laws

What is the fastest and cheapest way to get a divorce in Newport Beach?

An uncontested divorce can be the fastest and most cost-effective option. However, you and your spouse must agree on all the terms of the divorce, including:

  • Property division
  • Child custody
  • Child support
  • Spousal support

This type of divorce can be completed relatively quickly. There may also be fewer court appearances and legal fees involved.

Can I get an immediate divorce in California?

In California, there is no such thing as an “immediate divorce.” The state requires a minimum waiting period of six months from the time the divorce petition is served on the other spouse to the time the divorce can be finalized. However, there are some limited circumstances in which a judge may grant a “bifurcation.” This allows the parties to end their marriage status immediately. However, the remaining issues related to the divorce, such as property division and support, will be resolved at a later time.

Can I get a divorce without my spouse’s signature in California?

Yes, it is possible to obtain a divorce in California without your spouse signing off on it. California is a “no-fault” divorce state. This means that you can obtain a divorce without proving any wrongdoing by your spouse. To file for divorce without having your spouse sign the papers, you will need to serve them with the divorce paperwork. You must then give them an opportunity to respond.

How do you divorce someone you haven’t seen in years in California?

If you are unable to locate your spouse, you can ask the court for permission to serve them. They can publish a notice of the divorce in the local newspaper where your spouse was last known to reside. The notice must be published for a certain length of time. If your spouse does not respond within that time, you may be able to proceed. If your spouse fails to respond to the notice, or participate in the divorce proceedings, you may be able to obtain a default judgment of divorce.

Contact Newport Beach, CA Divorce Lawyers Today

If you are dealing with a divorce or any related family law matters, O’Leary & Shenasan Law can help. Our boutique family law firm provides personalized and effective legal representation. We help clients who are facing complex and emotionally charged situations.

Do not face a divorce or family law matter alone. Let us help you navigate this difficult time and ensure the rights and interests of you and your family are protected. Call O’Leary & Shenasan Law in Newport Beach at 866-238-3623 or contact us online to schedule a consultation with a family law attorney.

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