Best Divorce Lawyers in San Clemente

FAQs

• What is the non-emergency contact number for the local police station in San Clemente, California?

  For non-emergencies in San Clemente, dial 949-770-6011 to reach the Orange County Sheriff's Department (OCSD).

• Where can I get a copy of police reports for incidents related to my case in San Clemente, California?

  To obtain reports for incidents in San Clemente, call first the Orange County Sheriff's Department (OCSD) at 714-834-6454 to confirm if the report is available. You may email your request to reportrequest@ocsheriff.gov or fax it to 714-834-5466. You may also visit the OCSD Records Division at 20 N. Flower Street in Santa Ana. Additionally, mail your requests to P.O. Box 449, Santa Ana, CA 92702.

• Where do you file for marriage dissolution in San Clemente?

  Residents of San Clemente can file for divorce, annulment, and legal separation petitions in the Lamoreaux Justice Center located at 341 The City Drive South in Orange. The Center is located between Chapman Avenue and Garden Grove Boulevard/Memory Lane. Take note that recording devices, including cameras, are not allowed inside.

• Can you still make decisions for your children after a divorce in San Clemente?

  Yes. Having joint custody after a divorce in San Clemente can help you continue living your family life and be involved with decisions for your children, even if your family structure is now different. Under this arrangement, the court allows both you and your spouse to make major decisions in matters involving the children's education, health, and child care.

• Do you need a lawyer for an uncontested divorce in San Clemente?

  It is possible to resolve a divorce in San Clemente without a lawyer if your spouse does not contest the separation and mutually cooperates with you in creating a divorce agreement. However, it may be in your best interest to consult with a lawyer first before making any decisions to avoid concessions you may regret later.

• What can you do if you do not meet the residency requirements for divorce in San Clemente?

  If you or your spouse do not meet the residency requirements in San Clemente, you can file for legal separation first to begin the process of dissolving your marriage. You may then amend your legal separation petition to change it to divorce after you or your partner has lived in California for over six months and in Orange County for over three months.

• What happens if a spouse does not agree to divorce in San Clemente?

  When a spouse does not agree to a divorce in San Clemente, it can result in a default judgment, which means the marriage was dissolved without that spouse's participation. Both spouses do not have to agree to a divorce—either one may file, and the one who does not agree cannot stop the process.

• What are the basic steps to filing for divorce?

  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

• How much does it cost to get a divorce?

  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.

• How much does a divorce lawyer cost?

  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.

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

  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

• What is an uncontested divorce?

  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.

• Can you file for divorce without a lawyer?

  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.

• How long does it take to get a divorce?

  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.

• How to prepare for divorce?

  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

• What to do with an engagement ring after divorce?

  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.

• What is divorce mediation?

  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.