Premier Newport Beach Divorce Lawyers

Minyard Morris dedicates the time of 20 lawyers to these meetings, three times a week, without ever billing a client for this service. While the internal cost to the firm is significant—easily calculated considering hourly rates between $350 and $800—the commitment to these meetings reflects the value the firm sees in providing this benefit to clients.

Certainly, other law firms informally consult among their attorneys on cases. However, no firm conducts such frequent and intensive meetings as Minyard Morris. These sessions are a key factor that sets the firm apart in the family law field. Clients recognize the added value this unique approach provides, contributing to the firm’s reputation for delivering the highest level of client service and achieving optimal results.

In essence, these meetings play an indispensable role in the representation and success of our clients. By continuing this longstanding tradition, Minyard Morris remains committed to offering unparalleled legal support in family law cases.

Newport Beach Strategic Excellence and Client-Centered Representation: The Minyard Morris Approach

Achieving success in family law requires much more than fundamental legal expertise; it demands a strategic mindset, collaboration among experienced divorce lawyers, and an unwavering commitment to achieving each Newport Beach client’s goals. For decades, Minyard Morris has established its reputation on these principles, delivering personalized and effective representation to clients throughout complex family law matters. Our approach centers around regular strategic meetings where our team of 20 experienced divorce lawyers work together to craft, refine, and implement the most effective strategies for our Newport Beach clients. This meticulous and collaborative process not only sets us apart but ensures that each Newport Beach client receives individualized representation that is specifically tailored to their unique needs and objectives.

Strategic Planning as the Foundation for Client Success

At Minyard Morris, we recognize that exceptional client service begins with comprehensive, proactive strategic planning. To that end, our entire legal team convenes three times each week—on Monday evenings, Tuesday at noon, and Thursday at noon—for focused strategy sessions. These meetings are not casual discussions but rather intensive conferences where over 350 years of combined experience are applied to our Newport Beach cases. This thorough and disciplined process allows us to analyze complex legal challenges from every possible perspective and determine the best course of action—all with the ultimate goal of achieving our Newport Beach clients’ desired outcomes.

During these strategic meetings, our divorce lawyers address a broad array of considerations that might impact each case: How can we counter an aggressive opposing counsel effectively? What approach will be “heard” by the specific judicial officer assigned to the case? We thoroughly analyze the latest case law, review recent appellate decisions, and incorporate relevant insights from recent seminars and legal research. This level of diligence and detailed analysis ensures that our strategies are not only well-informed and innovative but are also precisely aligned with each client’s personal goals. Every decision we make is guided by what matters most to our clients, empowering us to provide customized solutions that lead to successful outcomes.

Refining Strategies to Deliver Optimal Outcomes

Our strategic meetings are not simply designed to develop strategies—they are designed to refine and perfect them. Each divorce lawyer has the opportunity to present their proposed approach to the team, which provides an invaluable opportunity for feedback, discussion of potential challenges, and suggestions for further refinement. This collaborative process leverages the combined expertise of our entire team, ensuring that our strategies are carefully crafted, adaptable, and ready to address the unique challenges of each case. The focus always remains on aligning our strategies with our Newport Beach clients’ specific goals.

Providing best-in-class service means being thorough, proactive, and fully prepared for every possible scenario. During our strategic sessions, we strive to anticipate obstacles and explore creative solutions that might otherwise be overlooked. Whether structuring a settlement that meets a Newport Beach client’s financial and personal goals or determining the best way to present evidence in court, our objective is always to craft solutions that go beyond meeting expectations and truly position our Newport Beach clients for success. By the time our strategies are ready for implementation, they have undergone a rigorous analysis and refinement process to align with our clients’ needs and ensure a successful outcome.

The Advantage of a Collaborative Team Approach

When clients engage Minyard Morris, they gain the benefit of the collective insight, experience, and dedication of 20 divorce lawyers—all working together to achieve the best possible results. This collaborative, team-based approach ensures that our cases are given comprehensive strategic consideration and that our Newport Beach clients receive a level of service that is difficult for smaller firms to match.

Consider a scenario where an divorce lawyer is dealing with a particularly challenging legal issue. Instead of addressing the issue in isolation, they bring it to our thrice-weekly strategy meetings, where the team discusses and offers insights. Frequently, another member of the team will have encountered a similar situation and can offer immediate guidance, citing relevant case law, appellate rulings, and past strategies that have proven successful. This collaborative environment allows us to make well-rounded, strategic decisions that directly benefit our clients, giving them a distinct and decisive advantage in their Newport Beach cases.

Our strategic discussions also include practical considerations specific to our Newport Beach cases. We assess the likelihood of success for various approaches, considering the preferences of the judge assigned to the case. We debate which expert witnesses will be the most effective in supporting our Newport Beach client’s position and determine the most compelling ways to present key evidence. When discussing potential settlements, we explore creative options that align with our clients’ goals while preemptively addressing potential obstacles. This comprehensive level of strategic planning is a crucial component of our commitment to delivering exceptional service that consistently prioritizes our clients’ needs.

Deep Local Knowledge

Our intimate knowledge of the local family law legal environment is a significant asset to our Newport Beach clients. Familiarity with the judges, court processes, and opposing attorneys in Orange County enables us to navigate the legal system efficiently, streamlining your experience and optimizing efficiencies and outcomes.

Our in-office collaboration is far more effective than remote communications, allowing us to brainstorm and strategize more efficiently. Unlike firms with multiple small offices, our single, Newport Beach, fully staffed office ensures cohesive and continuous support for our clients. We also have the bandwidth to address any client emergency, regardless of a lawyer’s schedule, ensuring that your needs are always met promptly.

Specialized Focus On Orange County

Our 20 family law attorneys limit their practices to matters filed in Orange County, giving us unparalleled expertise in the local legal environment. By concentrating our resources within Orange County, we provide exceptional legal services without spreading ourselves thin across multiple jurisdictions or practice areas.

Spousal Support

Proficiency in Spousal Support Legislation

Our team’s thorough grasp of the detailed and complex spousal support laws ensures that we can guide our Newport Beach clients through challenging legal landscapes. Achieving the correct ruling at the initial trial is crucial since appellate courts seldom reverse these decisions. Our adept handling of these legal matters ensures positive and favorable outcomes for our clients in Newport Beach.

What Are The Components Of A Spousal Support Order?

The law as it relates to spousal support is complex and nuanced. The statutes and the case law are extensive and judges have wide discretion in make orders. Orders for spousal support are rarely reversed on appeal so, it is imperative that the right result is achieved in the trial court.

Spousal support orders may  include a number of components: the amount of spousal support, the duration of  spousal support, the potential step-down in the amount of   spousal support, the income findings that form  a part of the basis of the order, findings relative to the marital standard of living, findings relative to earnings on assets, imputed earning on an unemployed or underemployed spouse, termination date of  spousal support, and a number of other components.

The marital standard of living generally caps the amount of spousal support.  There can be extensive conflict and litigation involved in setting the marital standard of living.  The marital standard of living is not an absolute amount and the courts have wide discretion in setting the marital standard of living. There are several different formulas used in arriving at the marital standard or living, with the court, again, having wide discretion.

How Long Is Spousal Support Paid In Marriages of Less Than Ten Years?

It is well known that in marriages with a duration of less than ten years, spousal support, generally is paid for one-half the term of the marriage. It is also well known that marriages of ten years and longer are characterized as long-term marriages. In long term marriages, the court must retain jurisdiction over spousal support and cannot, at that stage, terminate support at a date in the future without leaving the door open for an extension of spousal support. Support ordered at trial is referred to as permanent support.

Is Permanent Spousal Support Paid by the Payor Permanent or Can It End at a Point in the Future?

Spousal support ordered at the trial stage or set forth in a stipulated (agreed to) judgment is referred to as ‘permanent’ support or post-judgment support. It is not necessarily permanent. Spousal support is modifiable unless the parties agree that it will be non-modifiable. Being modifiable means it is not permanent.

Can Spousal Support In a Marriage of Less Than Ten Years of Duration Be Treated the Same Way as Spousal Support in a Marriage of More Than Ten Years?

Subtle nuances in the law emerge when examining spousal support following marriages of different durations. Although variations between marriages lasting 9, 10, 11, 12, or 13 years exist, the differences may be less significant than presumed depending on the facts. The length of the marriage directly influences spousal support duration, with long, short term marriages sometimes receiving similar considerations to those marriages of slightly longer duration. Many facts impact the duration of spousal support, and, again, the court has wide discretion.

What Is a Step-Down Order or Richmond Order?

The court has the ability to make a spousal support order that decreases (steps down) at a future date, if the evidence supports the step down, meaning that the evidence demonstrates that either the support spouse will have income by the step down date that will meet that person’s needs or that person’s needs will decrease by an equivalent amount.  An example of such evidence would include paying support until the supported spouse graduates from college or a vocational school and has a reasonable time to find gainful employment. These orders are referred to as Richmond orders.

What Is an Ostler-Smith Order?

An Ostler-Smith order is a  spousal support order that is used when the payor spouse has fluctuating income, like commissions or bonuses. It provides for the payment of support as a percentage of the payor’s income over a base amount. For example, if the high earnings spouse earned a base income of $10,000 per month and the base spousal support order was $2,200 per month, an Ostler-Smith order could provide that the payor would pay the recipient spouse supplemental spousal support in an amount equal to 22% of gross earnings over $10,000 per month up to a cap equal to the marital standard of living.

What Is the Marital Standard of Living (MSOL)?

The marital standard of living (MSOL) is a measure of the standard of living enjoyed by the parties during a period prior to the date of separation. The expenses and earnings after the date of separation are not relevant to the MSOL. The period measured is within the discretion of the court, but it is often three years. A court can simply describe the standard with words like “upper middle class” or assign a dollar level to the MSOL.  There are a number of different ways that a court can arrive at the MSOL, including but not limited to the following.  A court may use the actual expenditure during the period or the court may use the average after-tax earnings during the selected period.  A court may divide the number arrived at by half and assign that number as the support recipient’s MSOL. Alternatively, a court can take the monthly MSOL number, deduct housing costs, divide the remainder in half and then add 100% of the housing costs back to each party’s MSOL. A court may also assign different values to adults in the household than values assigned to children. For example, a court could assign a full value to an adult and one of a full value to a child. A family with two child would have a full count of two adults (two points) and two children (half point each) for a full count of three points.  The ratio of the expenses would use those points.  The MSOL is a cap on spousal support, meaning that if the support recipient’s MSOL was $5,000 per month and the support order was $4,000 per month in the permanent support order, the recipient spouse would not be able to return to court at a future date to seek an additional support order more than an additional $1,000 per month, even if the payor won a $100,000,000 lottery ticket.

What Does it Mean When the Court Retains Jurisdiction Over Spousal Support?

When the court retains jurisdiction over spousal support, it means that the court may made modifications of the existing order. For example, if the court, after a trial made a zero spousal support order but retained jurisdiction, the court could make a future order for spousal support up to the marital standard of living, if circumstances change and an increase in support was warranted. If the order provides that the court’s jurisdiction to make a support order is terminated, then the court would not be able to make a future support order regardless of dire the future circumstances were.

What Is Non-Modifiable Spousal Support?

Spousal support orders are modifiable unless there is a mutual agreement stating otherwise. Courts can alter or modify spousal support orders following substantial  changes, such as variations in income, health status, or other significant life or economic events. If a support order is non-modifiable, the court does not have the power to modify it, regardless of circumstances.

What Is a Spousal Support Buyout?

The parties may agree that a sum be paid by the payor of spousal support to the recipient, in exchange for a waiver of future spousal support. Typically, these payments are tax free to the recipient. A spousal support buy out is not rare and it is not common because for it to occur, the parties must agree on a sum, which is generally a challenge. Taken into consideration by each party are a number of factors, including but not limited to the following: the present value of the future stream of spousal support payments, the likely duration of spousal support, the potential death of either spouse,  the age of the parties, the likelihood of the remarriage of the support recipient spouse, the risk that they payor ceases earning an income because of health, age, the economy, and other personal factors.

Is Spousal Support Taxable to the Recipient Spouse?

Spousal support is federal tax free to the recipient and not tax deductible to the payor spouse. The payments are taxable to the recipient and tax deductible to the payor relative to California taxes.  The parties have the option to make the payments tax free relative to California income taxes. Spousal support was taxable and deductible for federal income tax purposes prior to January 1, 2019.  Spousal support ordered in Judgments entered prior to January 1, 2019 remains taxable and deductible.

What Is the Difference Between Temporary Spousal Support and Permanent Spousal Support?

Temporary spousal support may be ordered or stipulated to between the date of separation and the trial and entry of the judgment. Temporary spousal support is based, generally, on the status quo of the parties and is usually determined by the Dissomaster Computer Program.  Permanent support is the term generally used to describe spousal support ordered at the trial and contained in the judgment. Permanent spousal support is based on Family Code Section 4320 unlike temporary support.  Among other factors, the court must consider the following: earning capacity, contributions to the other party’s education, training, career or license, ability to pay, needs of each spouse, age, health, tax consequences, hardships, domestic violence, and length of marriage.

When Is the ‘DISSOMASTER’ Computer Program Used to Calculate the Amount of Spousal Support?

Courts may use the ‘DISSOMATER’ computer program or its competitor “X-SPOUSE” to set temporary spousal support. However, the courts must take into consideration all of the factors set out in Family Code Section 4320 in determining the spousal support order and is prohibited from using a computer program in setting permanent spousal support.

Can Spousal Support Be Modified Upward or Increased When Child Support Ends?

The family code allows a spouse to return to court to seek an upward modification of spousal support when child support ends, which is considered a change of circumstances. At the time of a request to increase spousal support, the court may consider any other changes in circumstances.

Can a Court Impute Income to a Party Who is Not Employed?

Yes. A court may impute income to a party who is unemployed or underemployed in a divorce, if evidence is presented to justify such action. The evidence is often the testimony of a vocational expert known as a vocational rehabilitation expert. These experts may be appointed by the court and then conduct an interview with the party and do research relative to the opportunity for the party to obtain employment.

Can a Spouse Quit Work Before Age 65?

Parties have a duty to provide support for a spouse consistent with their abilities. However, the court does not have jurisdiction to impute income to a party after the age of 65. In certain occupations, the age after which income cannot be imputed is earlier.

If the Parties Had Agreed During the Marriage That Retirement Would Occur At an Earlier Age?

During a marriage, parties may make many agreements relative to financial matters, including the date of retirement and plans thereafter. Those agreements are not binding after a separation and divorce.

Can a Court Impute Earnings on Assets?

The court may impute income on assets that are not returning a reasonable rate of return. However, there are a number of complicating factors including: what rate of return should be imputed, the commencement date of the imputation and the tax consequences of repositioning assets into income generating assets. A spouse’s intentional conduct to minimize the return on assets is a relevant consideration relative to this issue.

Does a Party Have to Continue to Work Overtime After Separation?

After the date of separation, a party is not required to work overtime. However, if the party does continue to work overtime, the income earned from the overtime will be considered a source for the payment of support. The same is true relative to a second job.

How Is an Inheritance Treated In a Divorce?

An inheritance is separate property of the inheriting party. The other party has no claim to that inheritance regardless of the length of the marriage, the number of children, the relationship with the deceased, etc. This is a black and white issue. However, the income earned by or imputed on the inheritance may be relevant to the issues of spousal support, child support and/or attorney’s fees. For example, if one party has a need for spousal support and the other party does not have an income sufficient to pay support up to the marital standard of living, income earned on an inheritance may be considered available as a source for spousal support.

The court will likely include income earned on an inheritance in determining the amount of guideline child support and spousal support. Courts also have the ability to order a party to pay a part or all of the other party’s attorney’s fees and costs from an inheritance depending on the facts. A potential future inheritance is not relevant until it is received. Courts do not speculate on potential inheritances.

Proceed with Care: It Is Your Child Custody Case

You child custody case is not occurring in a vacuum, and if you have an active online presence, your posting history can come in play. While you can control your social media moving forward, there is little you can do about the posts that are already out there. Deleting your social media posts in the middle of a child custody case is not advisable.

It’s important to note here that although social media has privacy settings built in, and while you may take your privacy on social media very seriously, there is little actual privacy once you’ve posted something or messaged someone through social media. In fact, privacy can be shattered with a simple screenshot of an Irvine event, which can last forever.

Be prepared for the other parent to potentially present social media posts from your past to question your parenting fitness. The best thing you can do is have an experienced child custody lawyer ready to address this evidence and explain how it has little to no bearing on your ability to parent your child.

What Is Physical Child Custody?

Physical Custody

Physical custody determines where a child lives and the timeshare. Joint physical custody is awarded when the time share is 50 50 or at least, gives both parents very substantial child custody time.  If the timeshare to a parent is not substantial, the custodial time is often referred to as visitation rights or periods of custodial time.

What Is Legal Child Custody?

Legal Custody

Legal custody is generally awarded jointly to the parties. For one party to be awarded sole legal custody, the court must be convinced that there is a strong reason for deviation from the norm.  Legal custody dictates which parent may make decisions regarding a child’s health, education and welfare. Sole legal custody may be awarded to one party where the parties are unable to coparent and work together relative to decision making pertaining to the children. If for example the parents are unable to agree on which school a child will attend, the court may give one parent sole legal custody or sole legal custody as to educational decisions and then allow that parent to make the educational decisions.  The same would be true if there was conflict relative to a medical issue.

Can You Agree With Your Spouse That Neither Can Change The Child Custody Order In The Future?

Non-Modifiable Child Custody Orders

We are often asked if parties can agree to a child custody arrangement or order that is fixed and that cannot be changed. The answer is a strong ‘NO.’  The parties may sign such an agreement or stipulation but a judge will not sign it. Even if, for some reason, it were to get signed, either party could petition the court the following day and the court would modify the order.  The court always retains jurisdiction to modify a child custody order. There are reasons why it may make perfect sense to try to set a non-modifiable child custody order but that logical, good faith, or child centered reason would not change the fact that the court may modify any child custody order. Everything is guided by the child’s best interest and the courts can override the opinions of parents as to what is in a child’s best interest. The same is true regarding child support. No child support order can be made non-modifiable. Anything that has to do with children is modifiable. There is no creative way around this issue. Some lawyers try to draft around this issue with cryptic penalties for the party attempting to modify the order in hopes of hiding the intention to make the child custody order non-modifiable. If the court sees through the terms, which it will, the court will still modify the order if it thinks that a child’s best interest requires it.

Is It Helpful To My Child Custody Case If I Am Cooperative With The Other Party?

Cooperation Can Be a Very Important Strategy

Family law courts look to which parent is better able and willing to share frequent and continuing contact with the other parent. The courts also look to which parent makes coparenting difficult with gameplaying, lack of cooperation or retaliation. A secret weapon that many people involved in child custody litigation fail to appreciate  is full cooperation. Kill the other side with kindness and practice random acts of kindness. Testimony of this type of conduct contrasted with obstreperous behavior on the part of the other side is very insightful for a divorce court.

Is It Easy To Change A Child Custody Order?

Child Custody Orders—Change of Circumstances

It is never easy to change a child custody order and it is not supposed to be.  Courts do not want parties to run to court to modify an order every time there is a little change.  We are also often asked about changing or modifying child custody orders. This area  is very  nuanced and very fact specific. This is one of the gray areas of family law. This is one more area that dictates that a client should retain a very experienced child custody lawyer because that experience, is more than just helpful in determining whether a change of circumstances exists, how to frame a change  if it exists, or how to establish  a plan to make the change of circumstances clear in the future. Strategy and seeing the facts for what they are and seeing them as the court will see them, is extremely important.  Even if a party retains a lawyer, pays their fees, files an Request for Order (RFO) to modify child custody, serves the other party, performs the necessary discovery, prepares for the hearing, experiences a few continuances, and presents the case to the court, the court will dismiss the case if it finds that a change of circumstances does not exist. That experience is not only costly but far less than positive. Great care should be given not to file an RFO unless circumstances have clearly changed and the change is substantial. An unsuccessful RFO can result in being ordered to pay some or all of the other party’s attorneys fees and costs. It is not a situation of ‘no harm no foul’ or ‘it does not hurt to ask.’

If I Lose A Custody Fight, Can I Try Again Later?

Multiple RFOs to Modify a Child Custody Order

Yes, a party can lose child custody litigation and refile the request at a later date. However, it is unwise to say the least to request the same relief a second time with the same set of facts. Even if the facts have changed it is critical that they facts have changed enough to constitute a substantial change in circumstances.  An unsuccessful change of circumstances can result in an order that the moving party pay the responding party’s fees. Also to be considered, in a second RFO re: MODIFICATION, a court may look to the changes that have occurred since the last RFO not back to the date of the judgment filing date.  For this reason, it is critical not to file to modify child custody until it is clear that there has been a substantial change in circumstances.

Is It Easy To Change A Child Custody Schedule?

Change in Parenting Time

There is a nuanced difference between a change in  child custody and a change in parenting time. A court may change parenting time without a change in circumstances. In other words, a court may change a 50/50 custody order to a 2-2-3 order without a change of circumstances. That is not to say a court would make that modification, but it could. A court would still use the best interest test to determine whether to make such a change.

When Will A Court Order Supervised Visitation Or A Monitor?

Monitors

When appropriate, visitation can be supervised. Courts have the ability to appoint monitors as a part of child custody orders.  The use of a monitor is considered a temporary solution not a permanent one. Monitors are a consideration when a child’s safety is at risk, which of course is a matter of opinion, the judge’s opinion.  Courts may appoint a relative as a monitor, mutually trusted friend or a professional monitor.  To qualify as a monitor the person must complete the designated training requirements and pass a background test.  Some professional monitors are retired law enforcement officers.  If a professional monitor is appointed, the court will have to determine who will pay the monitor which can be a significant issue.  This is another nuanced gray area issue in the area of child custody and another area where retaining a very experienced child custody lawyer is critical.

Does The Court Always Order Equal 50 50 Child Custody Orders?

Equal 50 50 Child Custody Orders

Most of the orange county judicial officers essentially start with a question of why shouldn’t the parties have an equal 50 50 child custody order. This position is based on the substantial and credible research that clearly shows that children develop emotionally and interpersonally better if they spend substantial and consistent time with both parents.  However, it is a myth that courts give all parties 50 50 custody orders.  The court will deviate from the 50 50 solution if making a different order is in a child’s best interest.  Common reasons court’s do not make 50 50 orders relate to issues pertaining to a child’s safety or extremely poor judgment in parenting. This is a substantial change from the previous judicial practice of awarding the mother primary custody that often resulted in an 80 20 time share with the father being awarded alternate weekends and one night in off weeks for dinner or an overnight. Those orders were based on a belief that a child’s development was not adversely impacted if they had the love and support of one parent vs both parents.  The courts placed weight on the potential detriment to a child of the transitions back and forth between households in making these orders.

Do Divorce Courts Expect A Person To Be The Perfect Parent During Child Custody Litigation?

The Imperfect Parent

 No parent is “perfect.” In fact, no two judges would agree with the definition of a “perfect” parent. Judges would likely disagree on what constitutes conduct that would quality as “perfect” as it relates to parenting. However, if you are or plan to be involved in a child custody matter, you should use extreme caution to conduct yourself in a manner that is as child-centered as is possible. Making poor parenting decisions or making   bad judgment decisions will cast you in a light that will be detrimental to your case. Their significance will be strategically magnified by the other side to the judicial officer hearing your case. These unforced errors can make the difference in winning and losing a child custody trial.  A parent should understand that the world is watching your parenting decisions and conduct if you are involved in a child custody matter. If you are planning to retain a lawyer, spend significant money on that lawyer, and put yourself and your child through this experience, it only makes sense to make a serious attempt to be the perfect parent during this process. Your former spouse will certainly be putting their best foot forward.  For example, rather than taking the girls trip to the desert or playing poker with the guys weekly, spend the time with your children. Rather than following your rigid workout schedule, limit the working out during times when you don’t have custodial time. Limit the use of childcare to the absolute minimum. Attend all children’s appointments, regardless of how insignificant or inconvenient they may be. In other words, be the perfect parent.

Can My Social Media Posts Hurt My Child Custody Case?

Social Media

Social media is not the friend of many parents involved in child custody litigation. What may, in reality, be a totally innocent event or a funny incident posted on social media may be spun into a story about very inappropriate conduct for a parent. It is not wise to take down one’s social media postings during a child custody matter (it may be considered destroying evidence) but it is wise to limit or stop your postings  during child custody litigation.

Social Media Best Practices Moving Forward

It can help to take some proactive steps that you can take in the buildup to your child custody case:

• Even though social media affords very little privacy, adjusting your privacy settings I, nonetheless, a good idea.
• Consider staying off social media until your case is finalized, and if that isn’t an option, limiting your social media activity can help.
• Think before you post. There are countless examples of well-intended posts gone wrong, and now is not the time to risk anything.
• Don’t discuss your custody case online, no matter how frustrated you might be.

What Should I Look for in a Newport Beach Divorce Law Firm?

When facing a Newport Beach divorce, choosing the right legal partner is crucial. These are some of the critical tenets when hiring a law firm:

• Experience
• Ethics
• Case results
• Discretion
• Assertiveness
• Testimonials

We possess these in spades. We pledge to bring our extensive experience, aggressive yet professional representation and personalized service to your unique situation. Choosing Minyard Morris means partnering with a firm that has a stellar reputation for high-quality service. We tailor our approach to meet the needs of the Newport Beach residence we serve. Many of our clients come to us through referrals – a testament to our trustworthiness and the results we deliver.

When searching for a divorce lawyer in Newport Beach, it’s helpful to first identify what you don’t want in an attorney. You probably prefer to avoid a lawyer who:

1. Fails to understand and acknowledge your personal objectives.
2. Pushes their own views on how you should approach your case.
3. Extends the divorce proceedings unnecessarily to increase billing.
4. Behaves more like a salesperson than a legal advisor.
5. Lacks the specific experience required for your unique case.
6. Cannot dedicate adequate time to your case, depriving it of the attention it deserves.
7. Claims they will represent you personally but then passes your case to another divorce lawyer, misleading you initially.
8. Is overwhelmed and lacks the capacity to manage a case with your specific challenges.

Conversely, the qualities you likely seek in a divorce lawyer include:

1. An attorney who is in sync with your goals, listens actively, and understands your needs.
2. A proactive lawyer who is committed to resolving your case swiftly and satisfactorily, helping you transition to being a contented former client.
3. Complete transparency about billing, the complexities of your case, and realistic outcomes.
4. A firm that is sufficiently large to handle any complications that may arise, yet small enough to ensure personalized service.
5. An advisor who educates you about the legal issues at stake, enabling you to make informed, intelligent, and considered decisions.
6. A trustworthy divorce lawyers who acts in your best interest and genuinely cares about the results of your case.

Is It Easy To Get The Court’s Permission To Move?

Move Away– Relocation Cases

In our society, wishing to relocate to another location is not uncommon. Clearly, the fourteenth amendment guarantees a person the right to move. However, it does not guarantee the right to move with one’s child.  It should be understood that relocation with a child impacts the rights of the other parent. While a parent can relocate, taking a child to the new location can be a highly contested issue.  Relocation should not occur without the court’s permission.   Moving first and asking for permission later, is not a good strategy. Relocation should not be irrevocably planned before the court has approved  the move. Move away cases can take many months and they should be filed as soon as it is known that the other side will not consent to the move. The law relative to move aways is very nuanced. The existing time share and the circumstances surrounding the move are very relevant. The court has very wide discretion relative to allowing or disallowing the move. It is critical to win this issue at the trial level and not anticipate winning on appeal.

Can Speaking Negatively About My Spouse Hurt My Child Custody Case?

Negative Speech About the Other Parent

Family law courts are very opposed to parents speaking negatively about the other in the presence of a child. There is nothing positive about that conduct and it can be very damages to one’s case. Courts frequently make orders restraining parties from making these comments. Few things are more detrimental to a child case than speaking detrimentally about the other party in the presence of a child or even allowing the child to be present when a third party is the one making the negative comments. Psychologists believe that allow the children to hear negative comments about a parent is damaging to the self-image and self-confidence of the child.

Can Coaching My Children What To Say About Child Custody Backfire?

Coaching Children

Some parents speak to their children in a manner so as to persuade them to parrot the parents objectives to mental health professionals appointed by the court, attorneys appointed by the court to represent  a child, or to the court itself.  In high conflict child custody litigation, courts have a number of options as to how to obtain the facts necessary to make a child centered, best interest child custody order. The court may appoint an mental health professional, referred to as a 730 expert. This expert is appointed pursuant to evidence code section 730 and is the expert of the court not the expert of either party. This professional will interview the parties, the children and significant collateral witnesses like a nanny, teacher, therapist, or other individuals with significant and important information about the family. After what may take months, the expert will write a detailed report which may exceed 50 pages about their findings. The expert’s report may simply be provided to the court or the expert may testify in court as to the contents of the report.  The reports often contain very sensitive information and as a result, whereas the clients may read the report in the lawyer’s office, the clients may not be given a copy of the report. The court may also appoint an attorney to represent a child or even an attorney to represent each child individually. The statute providing for this procedure directs the attorney to render an opinion as to the child’s preference as to who the child wishes to live with. The use of these lawyers has expanded beyond the statute to allow these lawyers to express a wide range of opinions and make other statements. Lastly, a court may interview a child in chambers to learn more information as to the child’s perspective of the events and preferences. This later method is the fastest way for a court to obtain the needed information. Many courts are comfortable conducting these interviews and many are not. The interviews take place in the judges chambers, the parents and the lawyers are not present but a court reporter does record the comments. One of the things judges look for in these interviews is whether the parents had coached the children. If the court detects coaching, that fact is seen as a serious negative event on the child custody scorecard.

How Do Family Judges View Parents Who Don’t Share Custodial Time?

Withholding Children From Other Parent

The statute focuses, in part, on which parent is better able to share custodial rights. Interfering with the custodial rights of the other parent is seen as very negative conduct. Even without a court order, it is bad practice to withhold a child from the other parent. Any conduct that demonstrates interference with the other parents ability to reasonably spend custodial time with a child will be highlighted in any child custody litigation and will be seen as a negative on the child custody score card. Parents who wish to prevail should want to be seen as the parent who effectively coparents, makes reasonable accommodations for the other parent, is not guilty of interfering with the other parents time, and is not guilty of retaliatory conduct related to visitation and time sharing of the child.

How Do Courts View Parents Who Interfere With The Other Parent’s Custodial Time?

Retaliation and Interference with the Other’s Parent’s Custodial Rights

Although a divorce can certainly be a highly emotional event and it is not abnormal to want to punish the other side for hurt caused, that temptation must be resisted. If a family law court sees a pattern of retaliation, that punishing conduct may be reflected in the child custody order, much to the detriment of the retaliating party.  Courts are looking for mature conduct on the part of parents. Courts uniformly look at this type of conduct as the opposite of child centered and not focused on the best interest of the child. It can be viewed as hating the other parent more than one loves one’s child.

Are Judges Strict Regarding Following Court Orders?

Failure to Follow Court Orders

Court orders are ‘orders’ not suggestions. The failure to follow a court order may be viewed by a judge as full disrespect for the court, which is not a good thing. Orders need to be followed to the letter. Although it  is fair to say that most parents don’t like every part of a child custody order, it is also fair to say that if a parent fails to follow the order, the odds are that they will dislike many  more parts  of the next child custody order, if a court makes a subsequent order after learning of the failure of that party to comply with the  terms of the first order.

Do Courts Criticize Parents Who Use The Children As Messengers?

Using the Children to Communicate with the Other Parent

For a variety of reasons, many parents use their children as messengers with the other parent. This practice is not found to be acceptable to family law judges. There is no good reason to follow this practice. Parents can use text messaging or email if they prefer not to speak to each other. Involving the children in these communications unnecessarily burdens them in this period of stress. Courts often direct parents not to discuss any divorce related topics with the children.  Involving children in the divorce, speaking to them negatively about their other parent or allowing them to see divorce related letters or documents will result in a black mark on the judge’s child custody score card.

If I Don’t Like The Divorce Court’s Ruling, Can I Appeal It?

Appeals

Another reason why it is important to retain a child custody lawyer who is very experienced in this area is that it is critical to win at trial. Appeals of child custody orders are rarely successful. Appeals can be based on error of law or abuse of discretion. The vast majority of child custody cases deal with discretionary calls and thus are not realistically challengeable on appeal. The win an appeal in a child custody case, one would need to convince the Court of Appeal that the ruling was arbitrary, absurd and no reasonable person would have ruled the way the court did. This result is extremely rare.

Basic Property Family Law Issues:

What is Separate Property in a California Divorce?

Separate property is defined as an asset that was acquired before the date of marriage, acquired after the date of marriage or acquired during the marriage by way of a gift or inheritance. Generally, characterization is determined by the date of acquisition. If an asset is not separate property, it is community property. The court confirms separate property to a spouse in a divorce and equally divides community property.  The courts are not required to divide each individual asset equally, rather it can allocate the assets to each party as it chooses but the total assets awarded to each party must have equal values.  The court has the power to sell an asset if it chooses to generate cash, in order to equalize the assets and it may also award assets in a disproportionate manner and order the party receiving assets with a greater value to pay the other party an equalization payment in a sum that ultimately results in an equal division of the total assets. However, ordering an equalization payment further complicates the issues, in that the interest rate on the sum owed and the duration of the payment can be disputed.

An inheritance is the separate property of whichever party receives the bequest, regardless of when the inheritance occurs.

A gift is the separate property of the recipient of the gift, regardless of when the gift is received.

How Is A Business Addressed In A Separate Property Business?

Separate Property Business

A business owned before the date of marriage are the separate property of the owning spouse. The character of an asset is determined by the date of acquisition.  If the owner-spouse works in the business during the marriage and the business increases in value during the period between the date of marriage and the date of separation, the community may have a right to reimbursement of either the amount of  under-compensation  of the spouse working in the business or a portion of the increase in value of the business after a reasonable  investment  return to the owner-spouse  on the value of the business after the date of marriage. The type of return paid to the community, in the form of a right to reimbursement, is determined by determining the main driver of the increase in value of the business during the marriage. The two cases that set these formulas are Van Camp and Periera. Van Camp is generally applied where the business is capital intensive and Periera is generally applied in a personal service type business. It is not always clear which formula is to be applied.  It is possible for the court to apply one formula during one part of the marriage and the other formula during the other part of the marriage, although that is rare.  Such a split would occur when there was a major change the nature of the business during the marriage.  Neither the community nor the non-owner spouse can acquire an ownership interest in the business. The recovery is limited to the right to reimbursement. If the right is to any under-compensation to the owner-spouse, the amount is the total under-compensation to the owner-spouse during the marriage less income taxes and not including any interest. The non-owner spouse would receive 50% of that sum. If the recovery is based on a portion of the increase in value during the marriage, the return paid to the owner, before the right to reimbursement, is an interest rate paid on a long-term secure investment or an industry rate. This rate could be seven percent, ten percent or an industry rate which in one case was set at 12%.

The fact that the non-owning spouse worked in the business with or without compensation does not impact the value of the business.

The sum to be paid to the community does not bear interest.

The only manner in which a separate property business can become a community asset is for the owning spouse to sign a writing that transmutes the asset into community property. The writing must be an express declaration of a change of ownership.  The writing does not have to have specific magic words but the words must make it totally clear that the ownership and character of the asset are being changed.  It is said that a transmutation cannot accidently occur. The character or ownership of a business will not be changed based on oral statements about who owns the business or promises about future ownership.

How Is A Business Valued In A California Divorce?

Business Valuation

A business formed or purchased during the marriage is presumed to be community property. The business is generally awarded to the spouse who is operating the business and is valued using one of the valuation methods accepted by the courts.  Courts have wide discretion in valuing businesses but cannot use a method that speculates about future earnings. The two most common methods are know as the ‘capitalization of earnings’ which is an income approach and the ‘capitalization of excess earnings’ which is an asset approach.  Often forensic accountants use both approaches. The case law is clear that the real valuation is the investment value, which is the value of the business as an investment to the owning spouse. The value is not necessarily what a business could be sold for.  The spouse is awarded the business is charged with the value of the business without any adjustment for potential future capital gains.  If there is an equalization payment to be paid to the other spouse, the payment is an after-tax payment and is not deductible for tax purposes by the paying spouse and not includible to the recipient spouse.

Does The Community Acquire An Interest In A Separate Property House?

Separate Property Family Residence

If a party owns a home before the date of marriage, that residence is that parties, separate property. If the mortgage payment includes a partial paydown of the mortgage with each payment, and the mortgage is paid with community property, the community acquires a pro-tanto interest in the residence (not a right to reimbursement). The amount of the interest is determined by the amount of the paydown of the mortgage and the amount of the increase in the value of the home after the date of marriage. The fact that the community had the benefit of living in the residence during the marriage does not impact the formula referred to as Moore/Marsden.

If the owner spouse transmutes (gives) the house to the community during the marriage, that spouse is, in effect, giving the appreciation of the house to the community, after the date of the gift.  However, if the owner spouse expresses in writing a waiver of the family code section 2640 rights, the gift is of all of the equity in the home to the community. In other words, if, on the date of the gift, the equity in the residence was $1,000,000 and at the time of the divorce the equity was $2,000,000, unless there was a family code section 2640 waiver, the proceeds would be divided $1,500,000 to the spouse who owned the house before the date of marriage and $500,000 to the other spouse.

How Is A Date Of Separation Determined?

Date of Separation

One of the first issues that is addressed in a divorce is the date of separation, which is defined as the date when one party clearly and unambiguously states to the other that the relationship has ended. A trail separation is not a separation, in that it is not a final separation. Moving out of a residence is not, by itself, a separation. Of great relevance is, what words were spoken at or about the time of the separation. The end of sexual relations between the parties, is not by itself, a separation in the same way as ceasing to wear wedding rings will generally not constitute a separation depending on other factors. The date of separation may be determined by the totally of the events occurring at the time. Of significance is the fact that a clear date of separation may be voided by conduct, after the date of separation, that evidences a reconciliation or a resumption of the marital relationship.

The statement by one party to the other that a separation has occurred need not be in writing to be effective. However, failing to document the event in a text message or email may result in the other party misunderstanding the communication or denying it. To put the importance of this issue in perspective financially, understand that the date of separation can impact the duration of spousal support, the valuation of certain assets, and the responsibility for certain debts. A dispute relative to the date of separation may be of financial significance and may result in a multi-day trial relative to the date of separation, which could have been avoided with a simple email or text message.

How Are Community Expenses Dealt With After Separation?

Expenditures Post Date of Separation

The earnings of a party after the date of separation, are that party’s separate property. Expenditures made after separation may be categorized as the separate debt of the party incurring the expense. If the parties are using joint credit cards or the same checking account, sorting out whose expenses are whose, can be time consuming and very expensive. Often a forensic accountant is involved in the project and sometimes the differences are significant enough that the matter is litigated. The simple solution is at or about the date of separation, separate the credit cards and checking account.

Can A Spouse Receive Credit For Paying Community Expenses After The Date Of Separation?

Payment of Community Expenses after the Date of Separation

A common issue is whether a party should receive credit for using separate post-separation earning for the payment of expenses that are community in nature. If a party uses separate earnings to pay community expenses after the date of separation, credit should be received unless the expenses is for an asset that they paying party using, the payment is in lieu of support or there is an agreement to the contrary. For example, if a party is paying the lease payment for a car that they are driving, no credit should be given.

Are There Any Steps One Should Take At Separation?

Practical Tips

If you are separating, consider the following tips:

1. Deposit your paycheck in a new and separate account
2. Separate finances and start using a new and separate checking account
3. If you cell phone is on a family plan change providers
4. Change all of your passwords
5. Set up an email account to communicate with your lawyer that is not an email address that your spouse has access to
6. Stop social media postings
7. Consult with a divorce lawyer before making any significant financial decisions or purchases

Consult Our Insightful Newport Beach Divorce Lawyer

Conclusion

Selecting the “right” Newport Beach family law firm is pivotal to the success of your case and your future well-being. Minyard Morris combines legal acumen, strategic focus, and supportive representation to support Newport Beach residents through the challenges of family law issues.  With over 600 divorce lawyers practicing in Orange County, the selection of the “right” lawyer may appear daunting. However, informed research and careful consideration will lead you to the most suitable lawyer for your situation. We invite you to contact us today to discover how we can assist you in navigating these complexities with confidence and achieving a favorable resolution.

If results are important, spend the time necessary to carefully compare lawyers and law firms.  Retaining the “right” family law attorney will impact your financial and emotional life for years to come. Retain a lawyer who will be both your family law attorney and your trusted advisor during this challenging period.

Our Newport Beach divorce lawyers are ready to guide you with precision and compassion. Contact us today at (949) 724-1111 or use our online contact form to schedule an initial consultation.