• Arbitration: Spouses discuss all issues of contention in their divorce with an arbitrator. Though an arbitrator is a neutral third party, he or she does make decisions regarding the issues. Customarily, the parties will decide prior to commencement of arbitration whether or not the arbitrator’s decisions will be binding.
• Collaborative Law: If the spouses are hesitant to bring their case before the court, they and their attorneys can meet in a neutral setting to attempt resolution without court intervention. Unlike mediation and arbitration, a neutral third party is usually not involved in the collaborative divorce process.
• Trial: Spouses and their respective lawyers bring the case before a judge, who ultimately makes the final decision regarding the issues presented.

If you need help with your divorce, contact Bayati Law Group for a free consultation with our family law legal team. We look forward to helping you.

By way of summary, and pursuant to Family Code section 914, married persons who are separated are liable for debts incurred by their spouse for the common necessaries of life except when their separation is pursuant to an agreement that does not provide for support. Therefore, to avoid the foregoing liability, spouses can simply enter into a separation agreement which does not provide for support.

Specifically, a spouse’s liability for the other spouse’s necessaries while the spouses are living separately is subject not only to the terms of any separation agreement between them; it is also subject to any assignment of debts made at the time their marriage is dissolved. (Fam. Code, § 916, subd. (a)(2).) Accordingly, concerned spouses need to reach and memorialize an agreement to address their financial circumstances and, most importantly, support during their separation.

Prudent spouses, however, should be mindful not to draw up an agreement that violates the Uniform Fraudulent Transfer Act outlined in Civil Code section 3439 et seq., as this is an exception to application of Family Code section 916. By way of example, some marital agreements grant all valuable assets to one spouse, while allocating all the debt to the other spouse. An agreement of this nature may be found in violation of the Uniform Fraudulent Transfer Act. If so, the marital agreement may be set aside – causing liability of both spouses for post separation debts.

If you or someone you know is considering separation or dissolution and is concerned about marital and/or separate debt, contact attorney Brian A. Bayati of Bayati Law Group for a consultation. We look forward to helping you!

Traditionally, when a spouse filed for divorce, they had to state the grounds on which they were filing. Thereafter, that spouse had to support those grounds with evidence. If that spouse had insufficient evidence, they stood the change of having their filing dismissed.

The dissolution of marriage process, more commonly known as a divorce, has undergone critical changes in California. At one time, divorces were only granted on grounds, including, but not limited to, adultery and/or mental cruelty. This has changed, however, resulting in much broader grounds for obtaining a divorce.

“Irreconcilable differences” is the new common standard for getting divorced throughout California and, of course, in Orange County. This standard is defined as any grounds that the court determines to be significant reasons for the termination of marriage. Notable is the fact that California is a “no-fault” divorce state, which means that if a married person desires to get a divorce they can do so even if the other spouse disagrees.

Another ground for divorce in California is “incurable insanity”. This standard is more specific than “irreconcilable differences”; and, therefore, requires showing of certain medical and/or psychiatric conditions.

If you or someone you know is considering filing for divorce in Orange County, California, contact attorney Brian A. Bayati of Newport Beach based Bayati Law Group for a free consultation. We look forward to helping you!

In a traditional divorce, the litigation process is adversary and, often, hostile.  Lawyers are often instructed to strive to win everything that they can for their clients. One benefit of a collaborative divorce is that the parties agree to be civil, which often times can eliminate the need for overly aggressive litigation strategies. Because there is less fighting, less damage is done to the parties and their children.

Another benefit of collaborative divorce is that it is often quicker than a traditional divorce.  Traditional court centered divorce proceedings are generally long and drawn-out.  If handled incorrectly, this process can become emotionally and financially exhaustive.

Finally, a collaborative divorce can be less costly than a traditional divorce.  In a traditional divorce, the adversary and procedural nature of proceedings can lead to increased costs.

At Bayati Law Group, we understand that divorce is a life-altering decision.  If you are considering using the collaborative divorce process to get a divorce in Orange County, CA, the most important step of the process is making sure you find the right divorce attorney to represent you; and, hopefully, help you and your family move on as civilly and quickly as possible. Contact Orange County based Bayati Law Group by calling (888) 339-2915 for a complimentary consultation with our collaborative divorce legal team to get further informed about what options may work best for you.  We look forward to helping you!

• All lawyers are alike.  Some attorneys are welcoming and provide advice that is specific to the needs of each individual client.  Other divorce lawyers are less communicative and approach all divorce cases in a standardized fashion –and, unfortunately, do their clients a disfavor. At Bayati Law Group, we embrace the reality that each client is unique. Accordingly, we tailor our approach to each divorce with the client’s specific needs in mind.
• An unfaithful spouse loses more property.  California is a “no-fault” divorce state, which means that certain actions of one of the spouses may not affect certain aspects of the divorce process such as division of marital assets.
• Your name is on the title or deed, so the property is automatically yours.  The deed to real property is only one piece of evidence regarding whether that property is separate or community property. The process undertaken to determine whether certain real property is part of the marital estate requires careful consideration and attention to facts. Accordingly, advice of competent counsel is highly recommended before resting on what may be an incorrect assumption.
• Women always get custody.  This may have been the standard practice many years ago; currently, however, the courts accept that a mother or father can be equally adequate guardians for their children.  Custody decisions are based on many factors, including, but not limited to, the children’s best interest.
• I can go through a divorce by myself.  The divorce process can be easy or complex, depending on one’s specific circumstances.  If you are considering a divorce, the most effective first step is consultation with an experienced family law attorney. Sometimes, after consultation with an attorney, some parties can confidently undertake their own divorce. Alternatively, consultation with an experienced family law attorney may bring to one’s attention many initially overlooked details about the divorce process.

If you or someone you know is considering a divorce, contact the experienced legal team at Orange County based Bayati Law Group for a free initial consultation. We look forward to helping you!

A less destructive alternative to traditional divorce methods is collaborative divorce, which allows spouses to end their marriage with dignity and mutual respect.  Most importantly, collaborative divorce allows spouses to maintain additional control over the procedure and, hopefully, the desired outcome.

What is collaborative divorce?

Collaborative divorce is a team-based approach towards reaching carefully considered settlement decisions between divorcing spouses. Each spouse is represented by his or her own lawyer.  By way of summary, there is usually a series of four-way meetings during which the parties discuss settlement in a fashion that is respectful and civil; and, therefore, productive.

Collaborative divorce agreement

When participating in a collaborative divorce, spouses agree to several principles by signing an agreement that includes, but is not limited to, the following requirements:

• An honest exchange of required information between the spouses;
• A pledge to try and reach an agreement without going to court;
• A pledge not to take advantage of the other spouse;
• Complete and honest disclosure of financial information;
• Maintenance of confidentiality;
• Continued courtesy; and
• Working towards a solution that is within both spouses’ and, most importantly, the children’s (if any) best interest.

If you or someone you know is considering a divorce and would like to learn more about the collaborative divorce process, contact Newport Beach based Bayati Law Group for a free consultation. We look forward to helping you!

At Bayati Law Group, we understand that facing legal issues can be emotionally challenging. Our Orange County Divorce Attorneys and legal professionals are knowledgeable, compassionate, and diligent in representing our clients with legal issues, including, but not limited to, the following:

• Divorce
• Child custody
• Visitation
• Child support
• Spousal support
• Modification of existing orders
• Paternity
• Restraining orders
• Prenuptial and postnuptial agreements

We understand that family legal issues involve life altering decision; and, therefore, believe one of the most important steps of the process is making sure you find the right family law attorney to represent you.  At Bayati Law Group, we are committed to helping our clients and their families move forward as effectively, and quickly as possible.

Whether you need immediate legal advice, or simply wish to gain a head start to plan for your future, our legal team is dedicated to serving the legal needs of our clients.  Please contact us for a consultation regarding your circumstances. Our Divorce Lawyers in Orange County look forward to helping you.

Top Orange County Divorce Lawyer

The term “divorce” means dissolution or the legal end of a marriage. Each state has its own requirements regulating when a divorce may be allowed. There can be both fault-based and no-fault based grounds for divorce.  This can differ from state to state; though “irreconcilable differences” and “irretrievable breakdown” are common no-fault grounds for divorce. The states also vary with regards to the distribution of the marital property, alimony, child custody and visitation, and child support.

The dissolution of a marriage can be one of the top reasons for emotional problems in a person’s entire life while in a divorce.  It is often immensely painful emotionally, mentally, and financially – and choosing to sever the marriage and splitting up the personal property and the shared assets can be overwhelming.

Guiding You Through Your Divorce

A divorce is always a distressing period of time for all parties involved, and it is very important to know the particular laws related to divorces in your region so that the procedure is as easy as is possible. Laws and regulations regarding divorces usually change from state to state and perhaps from county to county, and it is important to have somebody in your corner that knows the best way to navigate through the courts in your jurisdiction to help you lessen time and effort during the process.

Getting the legal courts to allow a divorce involves a difficult and lengthy process that can be draining, from the initial separation to the final decree. Assistance coming from professionals like our Orange County divorce attorneys will help get the divorce process run more easily so it is less physically and financially stressful for both parties. Our family law attorneys can make certain that the right documentation is filed and that every alternative is explored to reduce the emotional and financial costs. Our divorce lawyers could also assist a couple to seek out mediation when it is a viable option.

If you’re facing a divorce, be sure that you have knowledgeable counsel. Our Orange County divorce lawyers are experts in family law issues and we can assist you with your divorce or legal separation, secure your property and defend your legal rights. Protect yourself – contact our lawyers immediately.

Orange County Family Law Attorneys

Our Orange County family lawyers focus on divorce and family law cases. Our attorneys represent clients all over the Orange County area. We often deal with cases involving contested divorce, uncontested divorce, child custody, child support, spousal maintenance, property division, paternity and domestic abuse. We use common sense, making every effort to cost-effectively resolve our clients’ cases. When the need arises, however, we are knowledgeable, efficient trial lawyers.

The lawyers and support staff with our Bayati Law Group are devoted to upholding the legal rights of our clients and know that everyone we represent confronts a really unique situation. For that reason, we get to know our clients on an individual level and find out their needs in the legal process.

We realize you are going through a challenging situation. We are here for you.  Our website was designed to present you helpful information and facts about Orange County family law as well as responses to most of your important questions. Once we take responsibility for your case, we will go on to supply you with the correct guidance – all the while making certain you are secured to the fullest extent of the law. Our Orange County Family Lawyers offer confidence and peace of mind in a really stress filled time and empower you to make informed choices about your own future.

Call us for a free consultation (949) 798-5700

Rick and Cathy C.