orange county non-adversarial divorce lawyers
our attorneys can help you settle your divorce
Divorce isn’t easy. We understand that divorcing couples have enough to worry about without the stress of unpredictable and expensive court hearings, so we dedicate our practice to the promotion of divorce settlement. Learn more about divorce and legal separation and how Cordial Family Lawyers, LLP can help you settle your divorce fast and affordably.
What is divorce?
In California, divorce is technically known as “Dissolution of Marriage” - the end of your legal relationship with your spouse. Most importantly, divorce changes your legal rights with respect to your income and your spouse’s income.
While you are married, your income and assets are typically “community property” (unless you have a prenuptial agreement or the property falls within another exception), meaning that you and your spouse have an equal right to ownership. After you’re divorced (actually, once you’ve “separated”), your income is your separate property and your spouse.
What is legal separation?
Legal separation is not the same as divorce. In a legal Separation, your marriage is not dissolved - you will still divide your assets and debts, decide relevant issues of support or child custody, and will no longer earn a community property interest in your spouse’s income, but you will still be legally married.
That means if you decide you want to get divorced later, you’ll have to start again, returning to court to file for a Dissolution of Marriage action to end your legal relationship.
Should I Choose Divorce or Legal Separation?
We usually recommend choosing divorce because it is unusual for separated spouses to reconcile, and if you do decide to formally end your marriage after a legal separation, you will have to file an entirely new action in the court and pay additional fees. However, there are times when Legal Separation may be preferable, such as when:
Both spouses’ religious beliefs prevent them from divorcing;
One spouse needs to remain on the other’s health insurance or preserve other benefits;
The parties both believe they will reconcile in the future.
Nonetheless, there are few cases in which legal separation is better for both parties, and either party retains the right to petition for a complete dissolution and formal end to the legal marriage.
Do I need an attorney to get divorced?
No. You can get divorced without hiring an attorney, instead representing yourself, preparing your own paperwork and appearing for hearings by yourself. However, we recommend at least consulting with a family law attorney to make sure you understand the law and process related to the dissolution of your marriage.
you can pick and choose when to use a lawyer
You do not need an attorney to provide full representation for your case; rather, you can pick and choose when to have an attorney involved. For example, you could hire an attorney just to prepare your paperwork, or prepare your own paperwork and hire an attorney to represent you during any court hearings you may have.
How can an attorney help me with my divorce?
There are many ways an attorney can help with your divorce. We listed the most common options here, for your convenience. We offer all of these options except for full representation, as it is the most expensive option for families. Instead, our services are meant to provide alternatives to traditional full representation that save you money and move your case towards a final settlement without the need for traditional court hearings.
Traditional Full representation
The most expensive option, full representation is when an attorney becomes your legal representative for the entire duration of your divorce. In full representation, your attorney will prepare all your paperwork, represent you in any court hearings, and counsel you throughout the process.
Cordial Family Lawyers, LLP does not offer this option.
Undisclosed representation
Most people are unaware that they can hire an attorney to work for them behind the scenes, preparing paperwork, writing letters, or providing guidance and advice as you represent yourself.
We offer undisclosed representation options to individuals representing themselves on a case-by-case basis.
Divorce Mediation
When acting as a mediator, an attorney does not represent either party but rather helps both parties move their case closer to settlement. You can work with a mediator while represented by independent counsel or have the mediator prepare your paperwork.
Mediation is the heart of our practice, allowing us to help families find a way to settlement while setting the tone for a future of cooperation and compromise.
Neutral legal services for divorcing couples
Did you know you can share the cost of an attorney who does not represent either party but whose goal is to help you settle your case? A neutral can answer general questions you both may have about the law, direct and guide you as you prepare your paperwork together, or prepare your paperwork for you as a couple.
We offer neutral legal services meant to guide couples who wish to lower the cost of divorce by working together to end their marriage.
Ongoing or hourly family law consultations
If you plan to represent yourself, the most cost-effective method of getting the help you need might be to simply consult with an attorney on an hourly basis whenever you get stuck or have questions about the law or process of your divorce. Developing a relationship with an attorney who knows you and your case can save you stress and ensure your case goes smoothly.
We offer consultations for couples working together and individuals representing themselves.