Respected Tustin Divorce Lawyers

Minyard Morris has served the residents of Tustin for over 46 years. Our firm boasts a team of 20 lawyers who limit their practice not just to family law, but to family law matters filed in Orange County. We do not accept cases filed in other counties regardless of who the potential client is, who referred the matter or the issues at stake. We maintain a total focus on our core competence – Orange County family law.

We are the largest firm in Orange County that limits its practice to family law and does not dilute its resources by maintaining offices in multiple counties. If you want to hire a firm that always has the capacity to handle your matter when a crisis occurs, hire us. Our Tustin clients are able to leverage the size of our firm and its more than 350 years of combined experience to their advantage.

If results matter, then hiring the “right” divorce lawyer and reputation matters. Hire the law firm Tustin knows and trusts. Hire the law firm you can trust as your divorce lawyer and advisor.

Retain The Right Divorce Lawyer For You And Your Case

Divorce matters can be challenging and difficult, but having the right legal team can make more than just a significant difference in the outcome. It can make a difference in the toll the process takes on you personally. Whether you are facing an amicable divorce or a contentious one, hiring the right divorce attorney is critical. There are countless things to consider when hiring a divorce lawyer. We have set forth a few of the essential steps and considerations to assist you in the process.

Understand Your Objectives

Before you start the search for a Tustin divorce lawyer, consider the details of your case. Is a custody conflict involved? Are there substantial assets? Does either party have separate assets? Is your divorce likely to be contested or uncontested? Understanding the complexity of your case will help you determine the type of divorce attorney you need. Do you need a divorce lawyer who can handle high-conflict cases or a lawyer who focuses on mediation. Lawyers are as different as are their clients. No one lawyer who is right for every client. An honest lawyer will tell you this. You are looking for a divorce lawyer that is a fit for you and your case, a lawyer that is aligned with your ideas as to how to approach the matter and whom you have confidence to make you a priority.

Tustin Residents: Inquire About Specific Issues

During your initial consultation with a divorce lawyer, it is important to pointedly ask about the issues in your case. Ask about the date of separation, the specifics about business valuation, the probable outcome of any custody issues, ideas regarding how to divide your specific assets and any other issues you have. Evaluate each of their answers. Are they specific or provide vague generalities and double speak? Do the answers give you confidence in the lawyer or make you think twice? If you liked all of the answers, then you should question the divorce lawyer’s candor. Was the lawyer just telling you what you wanted to hear?

Research Potential Divorce Lawyers

If you live in Tustin, you can ask for recommendations from friends or family members who have gone through a divorce for a divorce lawyer. Professional referrals from other attorneys or professionals you trust may be more valuable. However, it is helpful to understand that there are over 600 lawyers in Orange County who handle divorces and each one of them have a clientele. How did each of these divorce lawyers build a clientele? Someone recommended them as one of the best divorce lawyers in Orange County. How can all 600 be among the best divorce lawyers in Orange County? They all can’t be. You need to do more than just ask someone for a referral to a good divorce lawyer for your Tustin divorce if you want to find and retain the best lawyer for you and your case.

Check Credentials And Experience

Once you have narrowed down your potential selection, do some background checking. Look at each divorce lawyer’s educational background, accolades, certifications, and areas of specialization. Importantly, consider their experience with cases similar to yours. Consider the size of the law firm. Does the firm have the bandwidth and capacity to handle your case when its “crunch” time? Look at the other divorce lawyers in the firm and their credentials. Look at the firm’s profile. A larger firm may bring a lot to the table of representation than you initially understand.

Schedule A Consultation

Some divorce lawyers offer initial consultations free of charge. If that issue is important to you then search for a free consultation. This is easy to find with a w quick internet search in or around Tustin. However, would you hire a dentist or doctor that gave away their appointments for free? What does it say about a professional if they have to give away time and advice to attract clients?

A consultation will help you analyze the lawyer’s personality, approach, strategy, professionalism and knowledge. While you are not looking for a new best friend, it’s essential that you feel comfortable with your lawyer, as you will be sharing personal and sensitive information with them. You are looking for a divorce lawyer who is a match for you and your objectives. You are looking for a trusted advisor.

Strategy and Costs

During the consultation, ask about the divorce attorney’s strategy in a case like yours. Also, discuss their fees and billing practices. Understanding the cost structure is vital to avoid any surprises. Almost all divorce lawyers in and around Tustin bill by the hour. Make sure you understand what services are included in their fees. If a lawyer gives you a firm estimate as to what the matter is going to cost, be wary. It is impossible to know what actions the other spouse or other lawyer will take. When you are hiring a lawyer, you are paying by the hour and outrageous conduct on the part of one party will drive up costs. If you are “lawyer shopping” consider a 30 minute consultation. Many clients can determine rather quickly if a lawyer is a match for them.

Retention

After meeting with a potential lawyer and considering their qualifications, experience, and comfort level, make your decision based on whether you believe the lawyer will best represent your interests. Trust your instincts about whom you are most confident with to take care of you and your case.

If you are feeling pressured to retain the divorce lawyer in the first meeting—walk away. In fact, we prefer clients not retain us during our initial consultation. We suggest to our Tustin clients, that the retention can be completed the next day or week, unless there is a true urgent matter that must be addressed.

By taking the time to thoroughly vet your potential divorce lawyer and understand your own needs, you increase the chances of finding a legal advocate who will effectively represent your interests through this tough time. Remember, the goal is not just to hire “a” lawyer, but to secure a partnership that will help you transition into the next phase of your life.

Do all you can to find the “right” divorce lawyer the first time and avoid having to change divorce lawyers mid-way through a case. Changing lawyers is an expensive experience.

What Is Separate Property In A Divorce?

In the context of divorce, separate property generally refers to any asset owned solely by one spouse. This includes property acquired by one spouse before marriage, any assets obtained individually after the date of marriage, and items received during the marriage as gifts or through inheritance. The critical factor in determining whether an asset qualifies as separate property is often its acquisition date. Essentially, separate property is what each spouse brings into the marriage individually or receives individually during the marriage. If an asset does not qualify as separate property, it is typically assumed to be community property.

During divorce proceedings, the court’s role is to confirm each spouse’s separate property to ensure it remains with the respective owner, while community property is subject to division between the spouses. Notably, the court is not required to divide each asset equally or distribute individual items down the middle. Instead, the court aims to balance the total value of assets allocated to each spouse, ensuring that each receives an equitable share of the marital estate. This equitable distribution approach means that certain assets may be awarded to one spouse, while others go to the other spouse, based on their values.

To address any imbalance in the distribution, the court may order the spouse who receives a higher-value asset to make a monetary equalization payment to the other spouse. This equalization payment aims to equalize the overall division of assets by compensating the other spouse for the difference in total asset value. While this method serves to achieve a fair distribution, it can sometimes create additional issues regarding the payment terms, such as the interest rate applied to the amount owed or the payment period. These terms can lead to further negotiation or disputes between the spouses, underscoring the complexity of dividing assets in divorce.

How Do Divorce Courts Treat Inheritances And Gifts?

In California, inheritances are typically classified as separate property belonging solely to the spouse who received the inheritance, regardless of when it was acquired. This rule means that even if one spouse inherits money or property during the marriage, the other spouse has no legal claim to that inheritance. However, while the inheritance itself remains separate, any income or earnings derived from the inheritance—such as interest, dividends, or rent—could potentially be considered in assessing a spouse’s ability to pay child support or spousal support.

Similarly, gifts received during the marriage are viewed as the separate property of the receiving spouse, regardless of the timing. However, specific legal requirements must be met for an item to qualify as a gift and, therefore, as separate property. For instance, if one spouse wishes to gift a car to the other spouse, there must be a formal written document explicitly stating that the vehicle now belongs to the recipient spouse. Without this written statement, the asset does not automatically become the recipient’s separate property, and its ownership may remain ambiguous.

Example: Suppose a spouse gifts a car to the other for a special occasion, such as a birthday or anniversary, complete with a bow and celebration. Even with the best of intentions, this act alone does not satisfy the legal requirements for a valid gift transfer. For the car to be considered a gift in legal terms, there must be a clear written statement indicating the transfer of ownership, ensuring that the car is deemed the recipient’s separate property. This requirement aims to provide clarity on asset ownership, protecting each party’s rights in the event of a future divorce.

What Is Community Property In California?

California follows a community property model, categorizing marital assets into separate and community property. Community property generally encompasses assets and income acquired by either spouse during the marriage, from the date of marriage up to the date of separation. This classification means that any income earned by either spouse during the marriage, as well as any property purchased with those earnings, is presumed to be community property. Consequently, these assets and earnings are subject to division in the event of a divorce.

However, the classification of an asset as community property is a rebuttable presumption. This means that, under certain conditions, it is possible to challenge this classification and potentially have an asset deemed as separate property. For example, if an asset acquired during marriage was funded entirely by one spouse’s separate property—such as an inheritance or a gift—then it may retain its classification as separate property. Additionally, if an asset’s title indicates sole ownership by one spouse, this may serve as evidence that the asset was intended as separate property, though the title alone may not be conclusive.

Example: If a spouse receives an inheritance during the marriage and uses those funds to buy a house, that house may still be considered separate property if it was fully purchased with inherited funds. Although acquired during the marriage, the asset’s separate nature can be preserved through documentation proving that separate funds were used.

How Are Earnings From Separate Property Characterized?

Earnings generated from separate property typically maintain their classification as separate property, provided they are not commingled with community funds. For instance, if a spouse owns a separate property stock that pays dividends, those dividends are classified as separate property. The same applies to other types of income, such as interest earned on separate property bank accounts or rental income from a property owned as separate property.

However, it’s essential to keep these earnings separate from community assets to avoid commingling, which could alter their classification. For example, if separate property dividends are deposited into a joint account or used in a way that makes them indistinguishable from community funds, they could lose their separate status.

Examples:

• Dividends paid from stocks owned as separate property remain separate if kept in a separate account.
• Interest earned from a separate property bank account retains its separate classification as long as it isn’t mixed with community funds.
• Income generated from a business owned solely by one spouse remains separate property if it is not deposited into joint accounts or used for marital expenses.

If these separate property earnings are used to purchase a new asset, that new asset generally keeps its classification as separate property, assuming the original source of funds is adequately documented and maintained.

How Is A Business Characterized In A Divorce Case?

A business that was owned by one spouse before marriage is typically regarded as separate property. However, if the business’s value increases during the marriage, the community may be entitled to some form of reimbursement for contributions made toward the business’s growth. This right to reimbursement exists if the owner-spouse worked in the business during the marriage, contributing to its success and indirectly benefiting the marital estate.

To determine the community’s right to reimbursement, courts often use one of two primary methods: the Van Camp or Periera formula. The Van Camp method is generally applied when the business’s growth is due to external factors, such as investments or economic conditions, rather than the owner-spouse’s active efforts. This method is typically used for capital-intensive businesses. Conversely, the Periera method is applied when the business’s growth results largely from the owner-spouse’s personal efforts and skills, which is common in service-based businesses.

Occasionally, if a business’s nature or structure changes substantially during the marriage, the court may apply both methods to different periods of the marriage. Although rare, this approach allows the court to consider the various factors contributing to the business’s growth, recognizing that the owner-spouse’s involvement may have played a different role at different times.

Can The Community Gain Ownership In A Separate Property Business?

No, neither the community nor the non-owning spouse gains an ownership stake in a business classified as separate property. However, the community may still have a right to reimbursement for contributions that benefited the business during the marriage, especially if these contributions enhanced its value.

Example: If the owner-spouse worked in the business without adequate compensation during the marriage, resulting in increased business value, the community may be entitled to a portion of that increase as reimbursement for the under-compensation of the spouse’s labor and efforts.

How Is A Business Valued In A Divorce?

For businesses that were created or acquired during the marriage, the court typically awards ownership to the spouse actively managing the business and determines its value using recognized valuation methods. The two most common valuation approaches are the capitalization of earnings and capitalization of excess earnings methods. The capitalization of earnings approach evaluates the business based on its income, while the capitalization of excess earnings method focuses more on the value of the business’s assets and profits.

Importantly, in divorce proceedings, courts are prohibited from speculating on future earnings or growth potential when valuing a business. This restriction contrasts with business valuations in other contexts, where growth projections or future revenue streams may factor into the calculation.

Can A Separate Property Business Become Community Property?

A business classified as separate property can only become community property if the owning spouse signs a formal written agreement—known as a transmutation—clearly stating that the business is being converted to community property. This agreement must be specific and in writing, expressing the owner’s intent to make the business a shared asset. Casual statements or verbal promises are not legally sufficient to alter the business’s classification.

Can The Community Acquire An Interest In A Separate Property Residence?

If one spouse owns a home before the marriage, that residence is usually regarded as their separate property. However, if community funds are used to make mortgage payments on that home during the marriage, the community may acquire a pro-rata interest in the property based on the portion of the mortgage paid with community funds and any increase in the property’s value over time.

Prestigious Divorce Law Firm Serving Tustin and Orange County

At Minyard Morris, we are ready to help you with your divorce or family law needs. Please call us at 949-724-1111 or use our online contact form. Let us assist you during this critical time in your life.