When walking down the aisle, there is rarely a thought of divorce. Marriages start with romance and happiness, but so often go to the wayside when circumstances change or spouses can no longer agree on important issues. Thankfully, there are ways to move on and put unhealthy relationships in the past.
At Wilkinson & Finkbeiner, our Orange County divorce attorneys go to work each day with the intention of helping families throughout Orange County and the surrounding areas. While we are overjoyed to see happy marriages that last, we also understand that not every union is meant to be. If divorce seems like the best solution, let us help.
Types of Divorce Cases
Just as no two marriages are the same, all divorces are unique. We have handled countless cases and have negotiated and litigated nearly every issue imaginable in family law matters. While each divorce is unique, bringing unique personalities and unique issues, most if not all of the issues will have some resemblance to issues our office has handled in the past. Let our office experience help you meet your goals in your divorce case. Some of the different types of divorces we see on a regular basis include the following:
- Contested divorces. Every divorce involves several major issues: division of property, division of debt, spousal support, custody of children, and child support. There are other issues to work through, but these are the major ones. When these issues cannot be settled on their own, they must be resolved in court. While it can be tempting to handle the details on your own, you will have a much better chance of obtaining a favorable outcome when you partner with an experienced divorce attorney. Most if not every time a “pro per” litigant attempts to handle a case on their own, disastrous results occur. This is because the court is obligated to hold self-represented litigants to the standard of an attorney. They must know all the rules and can find it difficult to prepare the correct paperwork, provide the right format for evidence, and understand the legal language used by the opposing counsel and the judge. Additionally, with the right help divorcing litigants can help assure their case is done correctly, which will ultimately save thousands of dollars.
- Uncontested divorces. Even when a divorce is uncontested, it is necessary to use a skilled attorney to navigate the legal process of paperwork and filings. Miscues and gaffes on the front end of a divorce can cause trouble down the road. An experienced Orange County divorce attorney will help you avoid these mistakes. Our office often provides a wide range of representation options, and we have an option for every budget.
- Annulments. Annulments occur when the court determines a marriage or domestic partnership is not legally valid or binding. This may be the result of (1) force, fraud, or incapacity; (2) a situation where one of the spouses/partners wasn’t old enough to legally marry; (3) one of the spouses/partners was already married; or (4) the marriage or partnership is incestuous or bigamous. Annulments are actually quite rare, but not unheard of. When these situations arise, they are typically very complicated and require considerable legal experience.
- Dissolution of domestic partnerships. Much like marriages, domestic partnerships can come to an end. These situations are called dissolution matters also and require the same legal experience as divorces. The process, procedure and law is nearly identical to divorce matters.
- Legal separations. When divorce isn’t desirable, but there is a need to live apart and “legally” separate from each other, a legal separation is the best solution. A legal separation keeps your marriage intact but helps decide how money, property, and other assets will be distributed. After filing for a legal separation, the judge can order child support, spousal/partner support, custody orders, restraining orders, and other necessary elements in the case.
Orange County Divorce Law
While a divorce may seem simple from the outside looking in, it is anything but easy. Divorces often require things like an initial filing of the petition, financial disclosures, hearings, discovery including depositions, requests for documentation, conferences, negotiations, settlements, trials, and other meetings. Going through a divorce is tough enough; don’t do it alone.
Planning for filing or responding to a divorce case is often one of the most fundamentally important aspects of a case. It is important to complete a road map of what issues will likely be prominent in the case, and arrange a plan to handle those issues. Many times, attorneys work in reverse by imagining the conclusion of the case and then developing a game plan to reach that conclusion. Good divorce attorneys are able to identify the important issues and then think critically about the discovery plan, law and motion plan, and negotiation strategy well ahead of time. Discovery is a way to gather information, and may include conducting depositions, propounding interrogatories (specially designed questions), sending subpoenas to third parties, conducting examinations, demanding documents, and so forth. Motions are court filings requesting some “temporary” relief wherein paperwork is filed and a hearing is set to address those issues. Motions are often the catalyst to drive a case to its conclusion because often times by the end of a case, the court does not want to significantly alter temporary orders. Motions are extremely important and must be handled correctly and professionally.
Wilkinson & Finkbeiner, LLP – Irvine Divorce Attorneys
At Wilkinson & Finkbeiner, we family lawyers believe in our clients and promise to work hard to help you obtain the results you desire. While the circumstances of every divorce are unique and complicated, we have the experience and fortitude to guide you through this difficult process. We have a reputation for achieving results and do so in a compassionate yet aggressive manner.
Your family is too important to let slip away. Contact one of our skilled and experienced Orange County divorce attorneys today to begin fighting for your rights. We are happy to provide you with a free case evaluation and initial consultation. Call us today for a free, private meeting or send us an email. Our office is very conveniently located in the heart of the Orange County financial district, as our office overlooks John Wayne airport in Irvine. We provide free parking.