One of the largest numbers of cases that come into the Orange County family law courts are cases of divorce. Divorce in itself is a complex process that involves a wide variety of aspects for the spouses and their lawyers to cover. Orange County divorce proceedings can focus on one or all of the aspects such as child custody, child support, spousal support and property distribution. Cases that involve all these above aspects are likely to be of complex nature.
When it comes to a divorce in family court, both of the spouses are hell-bent on trying to outfox the other and win the divorce case. In this article, we give you a lowdown on a few tips and tricks to make sure you are able to win such complex cases:
How to Win a Case that is about Child Custody
Child custody cases are one of the most fiercely contested aspects of a divorce case since parents regard their children as the most valuable asset that they each have. The best way for two parents who care for their children and want to give their child the best is to talk their differences outside of the court and propose a parenting plan in front of the court to get the court’s seal of approval. This is likely to be the best option since it will save you on your litigation costs and save the court’s precious time.
There are, however, other types of child custody cases that involve two parents where one of them has been accused of physical, emotional, and mental abuse to the child. In such cases, you are going to win a case by making sure that your facts are in order and that you are clear as to the evidence’s strength to prove the other parent’s guilt. Once their guilt has been proven, the other parent is unlikely to have any chance of getting the custody of the child.
How to Win a Custody Case that has Spousal and Child Support Involved
This one of the leading causes of disagreements caused between the spouses in the family law courts. In most of these cases, it should be understood that the courts before making any declaration, will need complete declaration of the financial position and capabilities of each of the parties. If one of the parties has doubts over the claims made by the other party, the courts will order an inquiry to allay those doubts.
There are different ways each of the parties can win these cases. In the first instance, the spouses asking for spousal and child support will have to prove to the court that their financial capability isn’t healthy and that the financial prowess of the spouses should be used to help bridge the income disparity.
The other spouse, on the other hand, will simply need to show that the other spouse is in a good enough financial position and can earn more than he/she can pay. Or the party needs to show that their financial restraints make them unable to make such large amounts of payments.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.