Trusted Divorce Attorney in Fullerton
Going through a divorce can feel overwhelming, leaving you uncertain about your future, your financial stability, and your relationship with your children. The emotional and legal challenges can be difficult to navigate, especially when you’re facing decisions that will impact your life for years to come.
Without experienced legal representation, you may risk losing assets you’ve worked hard for, taking on an unfair share of debts, or being subjected to a spousal support order that doesn’t reflect your financial reality.
For parents, the stakes are even greater. A poorly structured custody agreement can limit your time with your children or create instability in their lives, making an already difficult process even more stressful.
At Moshtael Family Law, our accomplished legal team, led by Navid Moshtael, has over 185 years of combined experience handling complex divorce and family law cases throughout Fullerton and Orange County. Our attorneys have successfully represented high-net-worth individuals, business owners, and professionals in disputes involving substantial assets, contested custody arrangements, and intricate financial matters.
Protect your future today. Call Moshtael Family Law at (714) 909-2561 to discuss your case and get the experienced legal support you need.
Types of Divorce and When Legal Counsel is Necessary
Under California Family Code §2330, either spouse may file for divorce without proving fault. However, complex issues like child custody, asset division, and spousal support often require legal guidance to ensure a fair resolution. At Moshtael Family Law, we assist clients filing for divorce in Fullerton and throughout Orange County, helping them protect their interests and navigate the process smoothly.
1. Contested Divorce
Legal Representation: Critical
When spouses disagree on issues such as custody, support, or asset distribution, the case often requires litigation. Our attorneys provide aggressive representation to safeguard your rights and advocate for a favorable outcome.
2. Uncontested Divorce
Legal Representation: Optional but Beneficial
In cases where both parties agree on all terms, our divorce lawyer in Fullerton can review agreements to ensure compliance with California law and prevent future disputes. We help streamline the process while protecting your interests.
3. Summary Dissolution
Legal Representation: Rarely Required
This simplified divorce option is available for couples married less than five years with no children and limited assets. While legal assistance isn’t mandatory, consulting our Fullerton Divorce Lawyer helps ensure proper filing and avoids errors.
4. Default Divorce
Legal Representation: Recommended for the Filing Spouse
If one spouse fails to respond to divorce papers, the filing spouse may request a default judgment. We assist in structuring fair terms to ensure the final ruling protects your financial and parental rights.
5. Collaborative Divorce
Legal Representation: Required
This approach encourages spouses to work with their respective attorneys and other professionals, such as financial advisors or child specialists, to resolve disputes outside of court. Our firm ensures that your interests are protected throughout the negotiation process.
6. Military Divorce
Legal Representation: Strongly Advised
Divorces involving active-duty or retired military members require knowledge of unique laws such as the Servicemembers Civil Relief Act (SCRA) and military pension division rules. Our attorneys are experienced in handling these complexities to ensure compliance with both state and federal regulations.
Why Choose Moshtael Family Law for Your Fullerton Divorce?
At Moshtael Family Law, we bring decades of legal expertise, in-depth knowledge of Orange County family courts, and a commitment to personalized representation. Our firm has successfully handled thousands of divorce cases, ensuring our clients receive fair property settlements, favorable custody arrangements, and financial security.
- Proven Results & Recognized Excellence: Our law firm has a track record of successfully resolving complex divorce cases, from high-net-worth property disputes to contested custody battles. Attorney Navid Moshtael has earned recognition from Avvo, receiving the top rating of “Superb” for his expertise in family law.
- Extensive Experience in Fullerton & Orange County Family Courts: We regularly represent clients in Fullerton and Orange County Superior Court, giving us an in-depth understanding of local judges, court procedures, and legal strategies. Our familiarity with the court system allows us to build strong cases and anticipate challenges before they arise.
- Customized Legal Strategies: Every divorce is unique, and we tailor our approach to meet your specific needs. Whether you require aggressive representation in a high-conflict case or strategic negotiation for a peaceful resolution, our attorneys are dedicated to securing the best possible outcome for you.
If you’re facing a divorce in Fullerton, trust Moshtael Family Law to provide the guidance and advocacy you deserve.
Key Steps During a Divorce Process
Understanding your legal rights and responsibilities can help you navigate the divorce process with confidence. Here are some critical factors to keep in mind:
- California requires a six-month waiting period from the date the divorce petition is served before finalization. This allows both parties time to resolve financial and custody matters.
- Residency requirements dictate that either spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months before initiating the process.
- Full financial disclosure is mandatory, ensuring transparency in asset division and support determinations.
Our legal team will guide you through every step, including:
- Filing the divorce petition and properly serving your spouse.
- Completing financial disclosures to ensure assets and debts are fully accounted for.
- Negotiating property division, custody arrangements, and support agreements—or representing you in court if disputes arise.
With Moshtael Family Law on your side, you can move forward with confidence, knowing your interests are protected at every stage of the process.
Our dedicated legal team is ready to guide you through every step of your divorce journey. Call us at (714) 909-2561 today or schedule a consultation and get the knowledgeable support you need to protect your future.
How Long Does a Divorce Take in Fullerton?
The timeline for finalizing a divorce depends on the complexity of the case and the ability of both parties to cooperate. Here’s a general breakdown:
- Uncontested Divorce (6–12 months) – If both spouses agree on all terms, including property division and child custody, the process can be completed in as little as six months (including the state-mandated waiting period).
- Moderately Contested Divorce (12–18 months) – Cases involving disagreements over key issues such as child custody or spousal support typically take longer due to mediation, negotiations, or limited court intervention.
- Highly Contested Divorce (18+ months) – Divorces involving complex assets, high-conflict custody disputes, or litigation can take 18 months or more, depending on court scheduling and case complexity.
Our goal is to help you navigate the divorce process as efficiently as possible while protecting your rights and minimizing unnecessary stress. We keep you informed at every stage, so you always know what to expect.
Beyond California’s six-month waiting period, delays can stem from custody disputes, hidden assets, or complex business valuations. High-value real estate, offshore accounts, or forensic financial investigations may extend the process due to detailed asset verification and settlement negotiations.
Fullerton Divorce Attorney Services
At Moshtael Family Law, we provide comprehensive legal representation for individuals facing divorce in Fullerton. Whether you are navigating a high-asset divorce, complex financial matters, or child custody disputes, our experienced attorneys are committed to protecting your rights and securing your financial future.
Our Fullerton divorce services include:
- Property Division – Ensuring fair distribution of marital estates, including real estate holdings, investment portfolios, retirement funds, and other valuable assets in accordance with California community property laws.
- Business Valuation & Division – Evaluating and dividing business assets, professional practices, and corporate shares with the assistance of financial experts to ensure an equitable resolution.
- Spousal Support (Alimony) – Advocating for fair spousal support arrangements, whether through negotiation or litigation, to reflect the financial realities of both parties.
- Forensic Accounting – Conducting in-depth financial investigations to uncover hidden assets, analyze income streams, and ensure accurate financial disclosures during divorce proceedings.
- Division of Stock Options & RSUs – Handling the complex process of dividing restricted stock units (RSUs), stock options, and deferred compensation, ensuring proper valuation and distribution.
- Real Estate Division – Assisting in the division, sale, or retention of family homes, vacation properties, and rental investments, prioritizing long-term financial stability.
- Prenuptial & Postnuptial Agreements – Drafting, enforcing, and challenging marital agreements to safeguard individual assets and clarify financial obligations in the event of a divorce.
Our Fullerton divorce attorneys take a strategic and client-focused approach, ensuring you receive the legal support needed to protect what matters most. Whether your divorce is straightforward or highly contested, our team will guide you through every step with expertise and dedication.
Understanding California Divorce Laws: Key Considerations
Navigating a divorce in California requires a clear understanding of the state’s legal framework. Whether your case is amicable or contested, knowing how the law applies to property division, child support, and spousal support can help you make informed decisions and protect your rights.
No-Fault Divorce in California
Under California Family Code § 2310, the state follows a no-fault divorce system, meaning that neither spouse needs to prove infidelity, misconduct, or other wrongdoing to file for divorce. Instead, the only requirement is citing irreconcilable differences as the reason for ending the marriage.
While fault does not impact the legal grounds for divorce, it can still play a role in financial disputes, custody matters, and asset division. Our attorneys help build strong legal strategies to protect your best interests.
Community Property Laws & Asset Division
California is a community property state, which means that all assets and debts acquired during the marriage are generally split equally (50/50) unless otherwise agreed upon. However, high-asset divorces often require a more detailed financial approach, particularly when dealing with:
- Separate Property vs. Marital Property – Assets obtained before marriage, as well as inheritances or gifts, are typically considered separate property but may become commingled with marital assets, leading to disputes.
- Valuation of High-Value Assets – Businesses, investment accounts, real estate holdings, and intellectual property require accurate appraisals to ensure a fair division.
- Real Estate Distribution – Deciding how to divide family homes, rental properties, or vacation homes involves assessing ownership, equity, and long-term financial implications.
At Moshtael Family Law, we work with financial analysts and forensic accountants to ensure that assets are properly identified, valued, and divided in accordance with California law.
In high-net-worth divorces, spouses may hide assets through offshore accounts, undervalued businesses, or unreported income. Our legal team works with forensic accountants to uncover concealed wealth and ensure fair asset division, especially in cases involving business ownership, stock options, and investment properties.
Child Support in California
Both parents are legally required to financially support their children. California determines child support obligations using a statewide formula, which takes into account:
- Each parent’s income and earning potential
- The percentage of time the child spends with each parent
- Necessary expenses such as healthcare, education, and childcare
For high-income parents, standard child support formulas may not fully account for a child’s lifestyle, requiring customized arrangements to ensure the child’s financial needs are met.
California’s child support formula applies statewide, but in high-cost areas like Fullerton, courts may adjust for private school, medical costs, and housing. If your financial situation changes, you may qualify for a modification to reflect current expenses.
Spousal Support (Alimony) Considerations
Spousal support is intended to help the lower-earning spouse maintain financial stability after a divorce. Courts evaluate:
- The standard of living established during the marriage
- Each spouse’s income, earning ability, and financial contributions
- The length of the marriage, with longer marriages often leading to longer spousal support obligations
In high-net-worth divorces, disputes commonly arise over income assessments, lifestyle expectations, and support duration. Our legal team advocates for fair and balanced spousal support arrangements that reflect your financial circumstances.
A job loss, medical issue, or reduced income may qualify you for a spousal support modification. If your ex remarries or becomes self-sufficient, support may be reduced or terminated. Our attorneys can help petition the court for a fair adjustment.
Locations Our Divorce Attorneys Cover
Our dedicated California divorce lawyers cover the entire state, but with a particular focus on the following locations:
- Brea
- Costa Mesa
- Fullerton
- Huntington Beach
- Irvine
- Laguna Beach
- Mission Viejo
- Newport Beach
- Orange County
- San Clemente
- San Diego
FAQs
1. How long does a divorce take in California?
The minimum timeframe for a divorce in California is six months, due to the mandatory waiting period. However, every situation is different, and contested cases involving asset division, child custody, or spousal support can take 12–18 months or longer. Consulting a family law attorney can help determine how long your case may take.
2. Do I have to go to court for my divorce?
Not always. In many cases, California family law allows for uncontested divorces or mediated agreements, which may not require a court appearance. However, if disputes arise, court intervention may be necessary. Our office works diligently to resolve cases efficiently while minimizing courtroom involvement whenever possible.
3. How is child custody determined in California?
Custody decisions are based on California family law, which prioritizes the child’s best interests. Courts consider factors such as parental stability, prior caregiving roles, and the child’s well-being. If you have a question about your specific situation, consulting an experienced family law attorney can help you understand your rights.
4. What happens to my business in a divorce?
If a business was started or grew during the marriage, it may be classified as community property under California family law, meaning it could be divided or offset with other assets. A family law attorney can help assess the value of the business and protect your interests based on how it was previously managed.
5. Will I have to pay spousal support?
Spousal support (alimony) is determined based on income, marriage length, and financial needs. Courts review what lifestyle was previously maintained during the marriage and each spouse’s earning potential. If you have a question about whether support applies to your situation, our office can provide personalized guidance.
