Question 1

What is the non-emergency contact number for the local police station in Aliso Viejo, California?

Accepted Answer

(714) 647-7000 or (949) 770-6011 is the non-emergency contact number for the Aliso Viejo Police Department.

Question 2

Where can I get a copy of police reports for incidents related to my case in Aliso Viejo, California?

Accepted Answer

Copies of police reports for incidents related to divorce cases in Aliso Viejo can be obtained from the Records Unit of the Orange County Sheriff's Department. Before requesting a copy of a police report, citizens must call the Records Unit at 714-834-6454 from Monday through Friday, 8:00 a.m. to 5:00 p.m.

Question 3

Can a spouse who refuses to participate in a divorce stop the dissolution of marriage in Aliso Viejo?

Accepted Answer

No, because the Orange County Superior Court, which serves Aliso Viejo, does not require both spouses to agree to the divorce. One partner cannot compel the other to stay in the partnership, and any spouse can choose to divorce. Non-participation may result in a default decision, not a dismissal of the divorce request.

Question 4

How is spousal support determined in divorce in Aliso Viejo?

Accepted Answer

Spousal support in an Aliso Viejo divorce is determined by California Family Code Section 4320, which includes the extent to which each party's earning capacity is sufficient to sustain the quality of living established during the marriage's final three to five years. Other considerations evaluated by family courts include the earning capacity of the spouse to be supported, the age and health of both spouses, and each party's obligations and assets.

Question 5

Is irreconcilable differences enough ground for filing for divorce in Aliso Viejo?

Accepted Answer

Yes. Because California is a no-fault state, a spouse in Aliso Viejo can plead irreconcilable differences as grounds for divorce. According to California Family Code Section 2311, irreconcilable differences mean that the couple disagrees on such a level that the marriage can no longer be sustained, indicating that it should be dissolved.

Question 6

What are the legal requirements for a divorce in Aliso Viejo?

Accepted Answer

Aliso Viejo follows California’s divorce law, which states that divorcing couples must have lived in the state for at least six months and in the county where the divorce is going to be filed for at least three months prior to filing for divorce. Under California law, the parties must wait six months after the first divorce filing before the court can enter a final judgment of dissolution.

Question 7

Is there a tax ramification for divorce in Aliso Viejo?

Accepted Answer

Yes. In Aliso Viejo, spousal support as a result of divorce is normally tax-deductible to the supporting party and taxable as income to the recipient. Child custody can also have an impact on taxes, such as a spouse's entitlement to claim head of household status, dependent exemptions, and child care credit. Child support payments can either be taxable or deductible.

Question 8

What are the basic steps to filing for divorce?

Accepted Answer

The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

File the divorce petition
Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
Make financial disclosures
Request discovery from your spouse
Propose and/or consider a possible settlement
Go to trial if necessary
Receive a signed judgment from the court indicating the divorce is final
Address post-divorce tasks such as transferring property titles and closing joint bank accounts

Question 9

How much does it cost to get a divorce?

Accepted Answer

The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

Question 10

How much does a divorce lawyer cost?

Accepted Answer

Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

Question 11

How to choose a divorce lawyer/what to look for?

Accepted Answer

Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

Know your budget
Limit your search to lawyers experienced in family law
Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
Try to ignore ad campaigns and office décor and instead consider track record and skills

Question 12

What is an uncontested divorce?

Accepted Answer

An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

Question 13

Can you file for divorce without a lawyer?

Accepted Answer

It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

Question 14

How long does it take to get a divorce?

Accepted Answer

The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

Question 15

How to prepare for divorce?

Accepted Answer

It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

Interview attorneys
Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
Take inventory of valuable household items that should be considered later while splitting assets
Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
Double-check credit history and evaluate both short- and long-term earning potential
Set goals for ideal custody arrangement, support amounts, and living arrangements
Get support from friends and family

Question 16

What to do with an engagement ring after divorce?

Accepted Answer

Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

Question 17

What is divorce mediation?

Accepted Answer

When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Aliso Viejo, California?

Can a spouse who refuses to participate in a divorce stop the dissolution of marriage in Aliso Viejo?

How is spousal support determined in divorce in Aliso Viejo?

Is irreconcilable differences enough ground for filing for divorce in Aliso Viejo?

What are the legal requirements for a divorce in Aliso Viejo?

Is there a tax ramification for divorce in Aliso Viejo?