Experienced Santa Ana Family Law Attorneys Serving All of Orange County

Our 20 family law attorneys at Minyard Morris have almost 350 years of combined experience. Minyard Morris has been assisting clients with simple straightforward divorces and complicated, high-profile and high net worth divorces for over 46 years. If you live in Santa Ana, you can rely on our experienced family law attorneys to represent you aggressively, yet ethically.

Strategic Excellence and Client-Focused Service: The Minyard Morris Difference

Success in family law requires more than just legal expertise. It demands strategic thinking, collaboration, and a deep commitment to achieving clients’ goals. At Minyard Morris, we have built our practice around these principles for over four decades. Our approach revolves around regular strategic meetings, where our team of 20 experienced family law attorneys comes together to craft, refine, and implement the most effective strategies for each case. This careful process not only sets us apart but also ensures that Santa Ana clients receive best-in-class representation tailored to their unique goals and objectives.

Where Strategy Meets Client Success

We believe that superior service begins with proactive, strategic planning. That’s why, three times a week—Monday at 5:00 p.m., Tuesday at noon, and Thursday at noon—our entire legal team of family law attorneys gathers for strategic sessions. These meetings are not casual discussions; they are comprehensive discussions where nearly 350 years of collective legal experience are brought to bear. This rigorous process allows us to break down complex legal challenges, explore all possible angles, and chart the most effective path forward—all with the ultimate goal of meeting our Santa Ana clients’ individual needs and objectives.

During these sessions, we address a wide range of strategic considerations: How can we best counter a particularly challenging opposing counsel? What approach will be most effective with a specific judge? We analyze the latest case law, review recent appellate decisions, and incorporate new insights from relevant seminars. This level of strategic scrutiny ensures that our plans are well-informed, innovative, and aligned with each Santa Ana client’s specific goals. Every decision is guided by what matters most to our clients, allowing us to deliver tailored solutions that help them achieve their desired outcomes.

Refining Strategies for Optimal Results

Our meetings are designed to do more than create strategies—they focus on refining them until they are perfected. Each family law attorney has the opportunity to present their proposed approach, and the entire team provides feedback, raises potential issues, and suggests adjustments based on their collective experience. This collaborative process ensures that our strategies are sharp, adaptable, and ready to address the unique nuances of our cases, all while keeping our Santa Ana clients’ goals front and center.

Providing top-tier service means being thorough, proactive, and ready for any challenge. In our strategy sessions, we anticipate potential obstacles and explore creative solutions that others might overlook. Whether it’s structuring a settlement to meet a client’s goals or determining the best way to present evidence in court, our focus is on crafting strategies that not only meet but exceed expectations. By the time our strategies leave the room, they have been thoroughly analyzed and refined to ensure they align perfectly with our Santa Ana clients’ objectives and position them for success.

The Client Advantage: A Team-Based Approach

At Minyard Morris, when you hire us, you gain the insight, experience, and support of 20 family law attorneys—all working together to achieve your goals. This collaborative, team-based approach ensures that our clients benefit from a comprehensive strategic analysis and a level of service that smaller firms simply cannot match.

Imagine a family law attorney facing a particularly unique legal issue. Instead of tackling it alone, they bring it to our strategy meetings. More often than not, another member of the group has faced a similar situation and can provide immediate guidance, citing relevant case law, appellate rulings, and successful tactics from past cases. This rapid, informed collaboration allows us to make well-rounded, strategic decisions that directly benefit our Santa Ana clients, giving them a significant advantage.

Our discussions also focus on practical aspects. We assess the likelihood of prevailing for various strategies, considering the preferences of the judge involved. We debate which expert witnesses will best support our case and determine how to present evidence most effectively. When discussing settlements, we brainstorm creative solutions that align with our clients’ goals while proactively addressing potential challenges. This comprehensive planning is a key part of our commitment to delivering best-in-class service that keeps our Santa Ana clients’ objectives at the forefront.

Investing in Strategic Excellence for Client Success

Our thrice-weekly strategy meetings represent a noteworthy investment in the quality of our service. With attorneys’ hourly rates ranging from $350 to $800, gathering 20 family law attorneys three times a week comes at a considerable internal cost. However, we do not bill clients for this time. These strategy sessions are essential to providing the exceptional representation our Santa Ana clients deserve. They are an investment that allows us to develop the most effective strategies and deliver the results our clients need.

While other firms may engage in occasional case discussions, none match the structure, consistency, and intensity of our strategic planning process. At Minyard Morris, this level of planning is ingrained in our culture, providing the foundation for analyzing even the most complex family law issues with confidence, skill, and foresight—always with an eye on achieving our Santa Ana clients’ desired outcomes.

The Minyard Morris Promise: Strategic Planning for Client Success

When you choose Minyard Morris, you are selecting a family law firm that places strategic planning and client service at the heart of everything we do. Our thrice-weekly meetings are where strategies are conceived, scrutinized, and perfected, ensuring that no detail is overlooked and every creative option is considered. We don’t just respond to challenges; we anticipate them, adapt to them, and craft strategies that position our Santa Ana clients for success.

This is the Minyard Morris difference: a team that goes beyond simply representing you. We invest time, expertise, and collaboration into creating the best possible strategies, while providing a high level of personalized service. Our dedication to strategic excellence and client care means that when you work with us, you have a team that not only understands the intricacies of family law but is also committed to securing the best possible outcome—aligned with your unique goals and objectives. That’s our promise, and it’s one of the things that makes Minyard Morris stand out.

Finding the Right Family Law Attorney for You and Your Case

Which one of the over 600 Orange County family law attorneys should you retain? Which family law attorney will “hear you” and will align with your view of the issues?

In 2024, the esteemed and independent lawyer rating service, Best Lawyers in America® listed 19 of 20 Minyard Morris family law attorneys, an unequalled accolade for a family law firm.

Helping Clients with Property Division and Valuation

In the State of California, the laws require that all community property be divided equally in a divorce. Our family law attorneys are known in the legal community as being skilled negotiators with the significant resources to thoroughly investigate and discover all of a couple’s community assets to ensure an equal division of the community property.

Establishing Child Custody and Parenting Time Schedules

While most of our Santa Ana clients assume that a divorcing couple will share joint custody, a judge will always take the child’s best interest into consideration in any child custody matter. If you believe that child custody will be contested in your divorce, our Santa Ana child custody lawyers can protect your parental rights and fight for what you believe is the best child custody solution.

Date of Separation

The date of separation, is the date when the relationship ended. This date can be a hotly contested issue. The date of separation is the date on which one party made the decision to end the relationship and communicated that decision in a clear manner that was unambiguous. When this communication is verbal, it may be subject to interpretation or misunderstanding. If the communication is verbal the other party may simply deny that the communication occurred. To avoid these possibilities, any verbal communication should be confirmed in an email or a text.

The date of separation may be important to many issues including:

• The duration of spousal support,
• The responsibility for certain debts,
• The valuation date of some assets, and
• The determination as to whether earnings are community or separate property.

It should also be understood that a valid and effective date of separation can be voided if there is an attempted reconciliation. If there is a second date of separation after a failed reconciliation, the second date will most likely be deemed the actual date of separation. There can be only one actual date of separation.

Determining Alimony or Spousal Support

Spousal support or alimony can be a contested issue in an Orange County divorce case. If there is a significant income disparity between the parties or if one party gave up their career to remain home with the children, spousal support can be an issue in your divorce and our family law attorneys can help protect your rights. Post trial spousal support is not determined with the use of a software program. The court must consider all of the many factors listed in Family Code section 4320 in determining the amount and duration of spousal support.

Use Our Website to Compare and Contrast Our Firm with Other Santa Ana Orange County Family Law Firms

Our Goal is to help you find the most appropriate family law attorney for your individual situation, whether it is Minyard Morris or another family law firm. It’s important to remember that no lawyer is the perfect fit for every client. Minyard Morris is not the perfect fit for every client. In your search for a family law attorney, the aim is to identify a professional whom you feel comfortable with, whom you can trust, and in whom you have confidence. We want to help you make a well-informed decision between our family law firm and other attorneys in Orange County. Most websites are designed to convey a message to the reader about the law firm and the family law attorneys in the firm. What message, intentional or unintentional, is being sent to Santa Ana residents by each website you research. Our objective is to help you select a family law attorney who is aligned with your objectives and philosophy.

Practical Suggestions

If you make the decision to proceed with a separation and divorce, consider the following tips:

1. Document and verify the date you told your spouse that the relationship was over, in a text and email.
2. Terminate any shared cell phone account and establish your own account.
3. Change your passwords on:
   1. Email accounts
   2. Social media accounts
   3. Apple ID, iCloud, Google Password
   4. Personal computer, Laptops, cell phones
   5. Security cameras
   6. Garage/gate code
   7. Online banking
   8. Credit cards
   9. Uber/Lyft
   10. Insurance, IRAs,401k and brokerage accounts
4. Set up a new secure email account.
5. Determine if your spouse has the ability to track you on your car GPS.
6. Determine if your spouse can track you through your children’s electronic devices.
7. Consider your social media posting practices.
8. Consider setting up new checking accounts and credit cards and cease using the existing ones with your spouse in order to easily allocate and categorize post separation expenditures.

What Does Physical Custody Mean?

Physical Custody Overview

Physical custody determines where a child will live and how the child’s time is shared between parents. When both parents are given close to equal time, typically a 50/50 arrangement, it is often called joint physical custody. If one parent has significantly less time with the child, this arrangement is known as “visitation” or assigned custodial time, providing specific time slots for that parent to connect with the child.

What Does Legal Custody Include?

Legal Custody Explained

Legal custody provides one or both parents the authority to make important decisions about the child’s healthcare, schooling, and general welfare. Courts generally award legal custody jointly to encourage both parents to have an active role in decision-making. However, when significant conflict arises or if cooperation between parents is difficult, the court may grant sole legal custody to one parent, giving that parent exclusive decision-making power over critical aspects of the child’s life.

Can Parents Establish an Irrevocable Custody Agreement?

Fixed Custody Agreements

Parents often ask if they can create a custody agreement that remains fixed. However, regardless of any agreement between parents, the court always has the authority to modify custody arrangements based on the child’s best interests. This holds true for child support agreements as well. While parents can create a structured plan, it cannot be legally guaranteed as unchangeable since circumstances may arise that call for revisiting the arrangement.

Does Cooperation with My Co-Parent Impact My Custody Case?

Why Cooperation Matters

Family courts place high value on a parent’s willingness to promote a collaborative, healthy relationship with the other parent. Courts generally favor the parent who shows adaptability, respects the other parent’s role, and actively supports co-parenting. In contrast, actions that create conflict or prevent effective co-parenting can have a negative effect. Parents who prioritize the child’s needs and encourage a positive environment for the other parent tend to be viewed more favorably.

How Challenging is it to Modify a Custody Order?

Modifying Custody Orders

Changes to a custody order are not made easily. The court typically requires a significant shift in circumstances to consider modifying an existing arrangement. This “change in circumstances” standard prevents minor issues from disrupting the child’s stability. Seeking the guidance of a family law attorney is often helpful in determining whether your situation meets this standard, as filing without clear grounds could result in court dismissing the request and even possibly ordering payment of the other parent’s legal fees.

If I Lose a Custody Case, Can I File Again Later?

Refiling a Custody Request

While parents can request modifications in custody at a later date, reapplying without meaningful new circumstances is discouraged. Courts often regard repeated requests without substantial changes as an attempt to revisit the same facts, which can be seen negatively. Any new request should include clear evidence of significant changes to avoid potential penalties, including covering the other parent’s legal expenses if the court deems the request frivolous.

Can Courts Adjust Parenting Schedules Without Major Changes?

Modifications to Parenting Time

Courts can modify parenting schedules—such as switching from a 50/50 arrangement to a different schedule—without requiring a substantial change in circumstances. This allows adjustments that better align with the child’s best interests. Although the court may allow changes to the schedule, they carefully assess if the modification benefits the child before making any adjustments.

When Would a Court Require Supervised Visits?

Supervised Visitation

If the court believes that a child’s safety may be at risk, it may order that visits be supervised by a trusted individual, which can be a relative, friend, or a professional monitor. Professional monitors, in particular, must complete certain training and undergo background checks, and the court will determine who pays for this service. Supervised visitation is generally a temporary measure, used until the court deems that it is no longer necessary.

Is a 50/50 Custody Arrangement Typical?

Equal Custody Arrangements

While courts often begin by considering a 50/50 custody arrangement, which studies suggest supports children’s development, equal custody is not guaranteed. Judges ultimately determine what best serves the child’s needs and may choose a different time split if it better suits the child’s welfare. In situations involving safety concerns or other parenting issues, courts may decide a 50/50 arrangement is not appropriate.

Are Parents Expected to be Perfect in Custody Cases?

Realistic Parenting Standards

Courts understand that no parent is flawless. However, when involved in custody proceedings, it is crucial for parents to be mindful of their behavior, making child-centered decisions and showing responsibility. Poor decisions or reckless actions can harm a parent’s standing in the case, while thoughtful and mature choices help demonstrate that a parent is focused on providing a stable environment for their child.

Can Social Media Affect My Custody Case?

Impact of Social Media

Social media posts can create challenges in custody cases, as seemingly harmless content may be misinterpreted or used against a parent. Judges may view social media activity as a reflection of judgment, so it is wise to reduce or limit online postings during custody proceedings. Avoiding social media altogether can prevent potential issues from arising.

Can I Get Permission from the Court to Move with My Child?

Relocation Requests and Custody

Moving to a new location with a child often requires court approval, as the relocation can impact the other parent’s time with the child. Courts closely evaluate relocation requests to ensure the child’s well-being and relationship with both parents are maintained. Securing a favorable decision at the trial level is essential, as custody appeals are rarely successful.

Could Negative Remarks About My Ex-Spouse Harm My Case?

Speaking Negatively About the Other Parent

Making negative comments about the other parent in front of the child is strongly discouraged by courts, as it can harm the child’s emotional health and stability. Family law judges often issue orders prohibiting parents from speaking poorly about one another. Courts view this behavior as damaging to the child’s sense of security and confidence, and engaging in such behavior can negatively impact a custody case.

Could Trying to Influence My Child Backfire?

Coaching a Child in Custody Matters

Attempting to influence or “coach” a child to express certain preferences or statements in court is viewed unfavorably. Courts prioritize the child’s genuine feelings and best interests, often using independent professionals to gather the child’s perspective. When judges detect coaching, it can damage the credibility of the parent attempting to manipulate the child’s words.

How Do Courts React if a Parent Withholds Custodial Time?

Interference with Parenting Time

A parent’s ability to encourage and support the other’s custodial rights is a crucial factor in custody decisions. Courts view withholding time as disruptive and uncooperative, which may harm the withholding parent’s case. Parents are expected to support each other’s roles and provide a balanced approach, allowing the child time to connect with both parents.

Does Retaliation Against My Ex-Spouse Affect Custody?

Revenge and Custody Cases

Although custody cases can be emotionally difficult, courts expect parents to set aside personal grievances. Retaliatory actions are seen as counterproductive and may reflect negatively on a parent’s case, as they imply a lack of focus on the child’s needs. Courts look favorably on parents who show maturity and prioritize the child’s well-being over personal conflicts.

How Strictly Do Courts Enforce Custody Orders?

Following Court Orders

Court orders must be strictly followed, as non-compliance shows disregard for the legal process. Although parents may find parts of a custody order inconvenient, following it carefully is critical to maintaining credibility. Failing to follow an order can lead to less favorable decisions in future custody matters, as courts view adherence as a reflection of respect and responsibility.

Should Children be Used as Messengers Between Parents?

Communicating Through Children

Using children as intermediaries between parents is generally discouraged. Courts advise parents to use direct communication, like text or email, to prevent the child from being burdened with adult matters. Involving children in communications adds unnecessary stress and is typically viewed as inappropriate, as it can complicate the child’s adjustment to the custody arrangement.

Can I Appeal a Custody Decision I Disagree With?

Appealing Custody Decisions

Appeals in custody cases are possible but rarely successful. Appeals are typically based on legal errors or clear judicial overreach, as most custody rulings rely on the court’s discretion. Given that custody decisions are largely within the judge’s judgment, achieving a positive outcome at the trial stage is vital, as the chances of overturning a custody decision on appeal are low.

A Breakdown Of Separate Property In California Family Law

Divorce can get complicated, especially when it comes to dividing up assets. In California, knowing the difference between separate property and community property is key to understanding how everything will be split between spouses. The way these two categories are treated plays a big part in the outcome of the divorce. This guide walks you through what separate property means, how it ties into community property, and how both are dealt with during a divorce.

Do Family Law Judges Have Discretion In Determining Whether An Asset Is Separate Or Community?

What Exactly is Separate Property?

In California, separate property refers to anything that belongs solely to one spouse. This typically happens in a few situations:

• Property owned before marriage: Anything a spouse brought into the marriage is usually considered separate.
• Gifts or inheritances: Things that are given to or inherited by one spouse, no matter when they’re received, stay that spouse’s separate property.
• Property acquired after separation: Once a couple is legally separated, anything one spouse acquires is considered separate property.

The timing and how the property was acquired are key to deciding whether it’s separate or community property. Community property, on the other hand, includes everything either spouse earned or bought during the marriage. When a divorce happens, community property is generally split equally between both spouses. But that doesn’t mean each asset is literally cut in half, it just means the overall value of the community assets is shared fairly. Sometimes, one spouse might need to pay an equalizing installment to ensure a balanced division.

Can You Protect Your Inheritance From Your Spouse?

Protecting Gifts and Inheritances as Separate Property

In California, gifts and inheritances remain separate property, even if they’re received during the marriage. However, it’s important to keep those assets segregated and not mix them up with community property. In other words, keep them separate.

For example, if you inherit money and deposit it into a joint bank account with your spouse, it may be hard to tell what’s separate and what’s community property. This can lead to the inheritance being considered part of the community and subject to division. To avoid that, it’s best to keep gifts and inheritances in a separate account to make sure they don’t get mixed with marital funds. Attempting to trace separate inherited money can be expensive.

Can The Community Get Ownership In A Separate Property Business?

Separate Property Businesses: Navigating the Complications

When one spouse has ownership of a business before the date of marriage, it’s usually considered their separate property. But if the business grows during the marriage—especially because of the owner-spouse’s hard work—the community may be entitled to a share of that increased value.

California courts use two basic approaches to figure out how much of the business’s growth should go to the community:

1. Van Camp Method: This is used when the growth is mostly due to external factors, like investments or the market, rather than the owner-spouse’s efforts. The community usually receives reimbursement for any amount received by the community that is less than the reasonable value of the owner’s labor during the marriage.
2. Pereira Method: This approach is applied when the business’s success is mainly due to the owner-spouse’s personal work and involvement. The community would get a portion of the business’s increase in value, after accounting for a fair return on the owner-spouse’s separate interest as it existed on the date of the marriage.

In rare cases, both methods might be used if the business’s nature changed significantly during the marriage. It’s important to note, though, that the non-owner spouse doesn’t get ownership of the business itself—they’re only entitled to financial reimbursement for the business’s growth during the marriage.

Is An Expert Needed To Value A Business In Family Law?

Valuing a Business in Divorce

If a business was formed or purchased during the marriage, it’s typically considered community property. Generally, the spouse who actively runs the business will return it, but the court must determine its value. Valuing a business can be a tricky process, often requiring financial experts like forensic accountants.

The two most common methods for valuing businesses are:

1. Capitalization of Earnings: This method values the business based on its recent financial performance.
2. Capitalization of Excess Earnings: This method looks at the business’s assets and calculates the return generated from them.

The goal is to determine the investment value of the business to the spouse who will keep it, since it is not being sold, which can be different from its market value.

How Can You Make A Separate Home Community Property?

Homes Owned Before Marriage: How the Moore Marsden Formula Comes In

If one spouse owns a property before marriage, that property is considered their separate property. However, if community funds—like joint income—are used to pay down the mortgage or improve the property, the community may gain an interest in the property.

To figure out the community’s share of the property’s value, the court uses the Moore Marsden formula. This calculation takes into account how much of the mortgage was paid with community funds and how much the property appreciated in value during the marriage. This ensures that the receives a share of the appreciation that’s due to community contributions.

If the owner wanted to change the property’s status to community property, they would have had to have signed a transmutation agreement. This is a written agreement that clearly states the intention to change ownership. Verbal promises won’t achieve a change under California law.

Why Is The Date Of Separation Often Contested?

Why the Date of Separation Matters

In California, the date of separation plays a major role because it marks the point when community property stops accumulating. Anything acquired after this date is considered separate property.

To establish the separation date, there needs to be clear evidence that one spouse has made it obvious the marriage is over, either by what they said or did. Simply living apart or taking a break doesn’t necessarily mean you’re legally separated unless there’s clear intent to end the relationship for good.

Documenting the separation in writing, like through an email or letter, can help avoid arguments later. The date of separation can have a big impact on how assets are divided, spousal support calculations, and responsibility for post-separation debts.

Should Spouses Separate Their Finances At Separation?

Handling Money After Separation: Managing Shared Expenses

Once the date of separation is set, each spouse’s earnings are separate property. But complications can arise if one spouse uses their post-separation income to pay community expenses, such as paying off joint debts or the mortgage. In these cases, the spouse who makes the payments might be entitled to reimbursement, Epstein Credits, unless the expenses were only for their benefit.

To avoid confusion and disagreements, it’s recommended that spouses quickly separate their finances once they’ve decided to split. This means closing joint accounts, stopping the use of shared credit cards, and setting clear financial boundaries moving forward.

What Steps Should You Be Taking Regarding Your Digital Assets?

Tips for Protecting Your Financial Interests During Separation

To safeguard your financial situation during a separation, here are a few steps you should consider taking:

1. Open a new bank account just for your own income.
2. Close any joint accounts and get separate credit cards.
3. Change the passwords for all your personal and financial accounts.
4. If you’re on a shared phone plan, think about switching to an individual plan.
5. Set up a new email account specifically for communicating with your family law lawyer.
6. Stay off social media, or at least minimize your activity, until your divorce is finalized.
7. Always consult with a divorce lawyer before making any major financial decisions, like large purchases or investments.

Are You Ready to File for Divorce? Schedule a Consultation Today

The family law attorneys at Minyard Morris provide confidential initial consultation appointments. To schedule an appointment with one of our experienced family law attorneys, contact our office by calling (949) 724-1111 or by sending us an inquiry through our website. We look forward to answering your questions and telling you more about how we can help you with your Santa Ana divorce.

Retain the family law firm that Santa Ana knows and trusts. If the results of your matter are important, then the law firm you retain is important.