Divorce is an incredibly stressful and complicated process. In your divorce, you will need all the best legal help you can get. At Minyard Morris, our 20 Aliso Viejo divorce attorneys have over 350 combined years of experience. This means that they have a time-tested record of obtaining successful case results. If you are dissolving your marriage and are ready to retain counsel you can rely on, we are ready to advocate for you.
At the core of Minyard Morris’s practice is a dedication to providing unparalleled client service. This commitment is evident in several key aspects:
A cornerstone of Minyard Morris’s success is their unique practice of conducting thrice-weekly mandatory strategy sessions. These meetings bring together their 20 attorneys, who collectively possess nearly three centuries of experience. The sessions are held:
During these meetings, attorneys engage in comprehensive discussions about ongoing cases, focusing on developing effective strategies tailored to each client’s unique circumstances.
This collaborative approach offers significant advantages to Minyard Morris clients:
Minyard Morris invests substantial resources into these strategy sessions, which are never billed to clients. This practice underscores the firm’s dedication to delivering exceptional client service and achieving optimal outcomes in family law matters. Mark E. Minyard, Managing Partner, emphasizes the value of this approach: “Our unique practice of meeting as a firm to strategically brainstorm cases three times weekly allows our clients to benefit from the collective wisdom of 20 Orange County family law attorneys”
For over 48 years, Minyard Morris has limited its practice exclusively to cases filed in Orange County. This specialization allows the firm to maximize its knowledge of local rules, customs, practices, and judicial preferences, providing a distinct advantage in representing clients. By combining legal expertise with a client-centric approach and strategic planning, Minyard Morris continues to set the standard for family law practice in Orange County. Their commitment to exceptional client service, collaborative problem-solving, and strategic thinking ensures that clients receive the most comprehensive and effective legal representation possible.
California is a community property state. This means all assets acquired after the marriage are considered community property and subject to 50-50 division. You stand to lose a great deal if you do not have the right lawyer to advocate for you. We ensure all assets are evaluated fairly and that we determine which assets are separate vs. community property. Our lawyers also work accountants and other professionals to uncover hidden or misappropriated assets.
No two divorces follow the exact same path. The financial condition of our courts, and the resulting congestion, has caused increased delays in concluding divorces that require a trial. It is not uncommon for divorces to be continued multiple times, and for days in trial to be separated by weeks, or even months, due to other pending divorces in the same courtroom.
When you are looking for an Aliso Viejo divorce lawyer to represent you, the fit is very important. You will want to look for many qualities, including:
These are qualities that we offer in spades. In fact, we are known as the law firm that lawyers hire to represent them. After all, lawyers know who the best lawyers are. This is a testament to our high client service and the in-depth knowledge of our team members.
When selecting a divorce lawyer, it might be helpful to first identify what qualities or practices you should steer clear of. Ideally, you should avoid a lawyer who:
Conversely, here are the qualities you should look for in a divorce attorney:
By focusing on finding a lawyer who embodies these positive traits, you can feel more confident in your choice and better supported through the challenging process of divorce.
At Minyard Morris, our dedicated family law attorneys bring a personal touch and collective expertise to every case. With thrice-weekly strategy sessions, our 20-strong team pools their extensive experience, unique to Orange County, to craft tailored solutions for our clients. We have honed our skills over 48 years, earning a reputation for decisiveness and excellence in both negotiation and litigation. In 2024, the preeminent independent lawyer rating service, BEST LAWYERS IN AMERICA, listed 19 of 20 Minyard Morris attorneys. Our practice is devoted exclusively to family law in Orange County, where we champion our clients’ interests in cities from Seal Beach to San Clemente. For local, specialized family law representation, trust our experienced team.
You can also use our website to learn more about who we are to help you decide which of the over 600 Orange County divorce lawyers to hire. Use it to understand that the objective is not to retain “a” lawyer, it is to retain the “right” lawyer – the “right” lawyer for you.
Physical Custody
Physical custody refers to where a child primarily resides and the time allocated for each parent. Joint physical custody typically applies when both parents share close to equal time, often around a 50/50 split. If one parent’s time is less significant, it’s commonly referred to as “visitation” or designated custodial time.
Legal Custody
Legal custody, often shared between both parents, allows each to make important decisions regarding the child’s health, education, and general welfare. Sole legal custody, however, can be granted to one parent if the court finds compelling reasons, especially if parents struggle to co-parent. For example, if parents can’t agree on which school a child should attend, the court may grant one parent decision-making power specifically for educational matters. This approach applies similarly to healthcare disagreements.
Non-Modifiable Child Custody Orders
Parents sometimes wonder if they can set up a permanent custody arrangement that cannot be altered. The answer is no—courts retain the right to modify custody arrangements. While parents might create and sign a fixed agreement, a judge will not enforce it as unchangeable. Any parent can request a modification if circumstances shift, as the court’s priority is the child’s best interest. Child support is also modifiable. Attorneys who attempt to add punitive clauses for modification requests usually find the court still prioritizes the child’s needs above any preset terms.
Cooperation as a Strategy
Family courts assess each parent’s willingness to maintain a cooperative relationship with the other, fostering regular and positive contact. Being cooperative, polite, and flexible can be crucial, while actions that hinder co-parenting, such as gamesmanship or retaliation, are frowned upon. Demonstrating civility and goodwill, especially in contrast to the other party’s negative behavior, is highly beneficial in court.
Custody Orders and Change of Circumstances
Changing a custody order is intentionally challenging. Courts avoid frequent modifications based on minor changes, making this area of family law complex and often requiring experienced legal guidance. Filing a Request for Order (RFO) to modify custody requires a clear, substantial change in circumstances. Without this, the court may dismiss the case, potentially ordering the requesting parent to cover the other’s legal fees.
Filing Multiple Requests to Modify Custody
A parent can request custody modification again after losing, but re-filing without significant new circumstances risks penalties. The court’s focus will be on changes since the last modification attempt, not since the original judgment. A substantial change is required to file another request.
Changes in Parenting Time
There’s a difference between changing a custody arrangement and adjusting parenting time. Courts may shift schedules (for instance, from 50/50 to 2-2-3) without requiring major changes in circumstances, though they still consider the child’s best interest.
Supervised Visitation and Monitors
Courts may require supervised visits if they believe a child’s safety could be at risk. Monitors—who may be relatives, friends, or trained professionals—are typically temporary measures, requiring court-approved training and background checks. Professional monitors often charge fees, which the court decides who will cover.
Equal Custody Orders
Courts generally prefer 50/50 custody arrangements, as studies show children thrive with substantial time with both parents. However, if equal custody doesn’t serve the child’s best interest, the court will deviate, considering factors like safety and the parents’ judgment. This is a shift from past practices, which often granted mothers primary custody.
The Imperfect Parent
No parent is expected to be “perfect” in custody cases, but maintaining a child-focused, responsible approach is crucial. Poor decisions, especially those highlighted by the opposing party, can harm one’s case. During custody proceedings, it’s advisable to prioritize time with children and avoid behaviors that could be viewed negatively by the court.
Social Media
Social media posts can easily be misinterpreted in custody cases. What may seem like harmless or humorous content can be used against a parent. While deleting posts can be viewed as evidence destruction, reducing or stopping new posts during litigation is a good idea.
Move-Away Cases
Though people have the right to move, moving with a child often requires court approval to respect the other parent’s rights. Planning a move before gaining permission can harm the case, and winning at the trial level is essential since appeals rarely succeed.
Negative Talk About the Other Parent
Courts disapprove of one parent speaking poorly of the other in front of the child, as this can harm the child’s well-being. Such behavior often leads to court orders prohibiting negative remarks, and psychologists agree that negative comments about a parent damage a child’s self-esteem.
Coaching Children
Some parents may unintentionally coach their children to support their custody goals. Courts have various methods, like appointing child advocates or mental health professionals, to determine a child’s best interests. Evidence of coaching can severely harm a parent’s custody case.
Withholding Custody
Courts value a parent’s ability to support the other’s custodial rights. Withholding a child from the other parent, even without a court order, can reflect negatively in custody cases. Parents should strive to accommodate each other’s parenting time to demonstrate a co-parenting mindset.
Retaliation in Custody Matters
Even in emotional divorce proceedings, retaliation against the other parent is discouraged. The court views maturity and prioritizing the child’s welfare as essential qualities, and any behavior suggesting otherwise can negatively impact the custody decision.
Following Court Orders
Court orders are mandatory, not optional. Non-compliance is seen as disrespect for the court, which doesn’t bode well for future orders. Adhering strictly to the terms of a custody order is crucial to maintain credibility in court.
Using Children to Relay Messages
Using children to communicate with the other parent is generally discouraged, as it places unnecessary stress on them. Courts often instruct parents to avoid discussing divorce matters with their children or involving them in parental communications.
Appeals
Winning an appeal in a custody case is rare. Appeals can address legal errors or abuse of discretion, but courts have significant discretion in custody matters, so success on appeal is unlikely. Therefore, it’s essential to work toward the best outcome at the trial level.
Trustworthy counsel is not far. Please contact Minyard Morris today to get our effective services. You can schedule your initial consultation by calling 949-724-1111 or by using our online contact form.