Costa Mesa Divorce Lawyer

Trusted Divorce Attorney in Costa Mesa

Divorce can be the most overwhelming and emotionally challenging experience of your life. The uncertainty of how it will impact your future, your finances, and your children can feel paralyzing. You may be wondering if you’ll be able to maintain financial stability, how your assets will be divided, or whether you’ll receive a fair custody arrangement.

If you are a parent, these concerns become even more pressing. A poorly structured custody plan can disrupt your child’s stability, limit your time with them, and create unnecessary stress during an already difficult transition.

Without skilled legal representation, you risk losing control over what you’ve worked hard to build. You could face an unjust division of assets, an unmanageable financial burden, or a custody agreement that doesn’t protect your relationship with your children.

At Moshtael Family Law, our Costa Mesa divorce attorneys are dedicated to providing strong, strategic representation to ensure that your rights, assets, and family relationships are safeguarded. With over 185 years of combined experience, lead attorney Navid Moshtael and our team have successfully handled high-asset divorces, complex custody disputes, and intricate financial matters.

Understanding Divorce in Costa Mesa: Types & When to Seek Legal Help

Under California Family Code §2330, spouses can file for divorce without proving fault. While some cases proceed smoothly, disputes over child custody, property division, and spousal support often require experienced legal guidance to ensure a fair outcome.

At Moshtael Family Law, we represent clients in Orange County Superior Court, advocating for equitable settlements, favorable custody arrangements, and financial security throughout the process.

Here’s how legal representation plays a crucial role in different types of divorces:

1. Contested Divorce

Legal Guidance: Essential
When spouses cannot agree on major issues—such as custody, alimony, or asset distribution—litigation may be necessary. A contested divorce often involves court hearings, making experienced legal representation critical to protecting your rights and financial interests.

2. Uncontested Divorce

Legal Guidance: Optional but Recommended
If both spouses agree on all terms, an uncontested divorce can be faster and less expensive. However, a lawyer ensures the agreement complies with California law and safeguards against future disputes over finances or custody.

3. Summary Dissolution

Legal Guidance: Rarely Required
Couples who have been married for fewer than five years, have no children, and own minimal shared assets may qualify for a streamlined summary dissolution. While attorney involvement isn’t required, consulting a lawyer helps avoid filing errors and ensures compliance.

4. Default Divorce

Legal Guidance: Recommended for the Filing Spouse
If one spouse fails to respond to the divorce petition, the other may seek a default judgment. Our legal team ensures that fair terms are included and that the court order protects your financial and parental rights.

5. Collaborative Divorce

Legal Guidance: Required
In a collaborative divorce, both spouses work with attorneys, financial experts, and child specialists to reach mutual agreements outside of court. This approach relies on skilled negotiation to craft fair and enforceable terms.

6. Military Divorce

Legal Guidance: Strongly Advised
Divorces involving military personnel are subject to unique regulations, including the Servicemembers Civil Relief Act (SCRA) and military pension division laws. Our attorneys specialize in handling these cases, ensuring compliance with state and federal laws.

Regardless of the type of divorce, having a dedicated Costa Mesa divorce lawyer on your side can make the process smoother and more secure. At Moshtael Family Law, we provide strategic guidance tailored to your unique situation.

Why Choose Moshtael Family Law for Your Costa Mesa Divorce?

Divorce is a life-changing event, and having a skilled legal team on your side can make all the difference. At Moshtael Family Law, we provide experienced representation, local expertise, and personalized strategies to ensure the best possible outcome for Costa Mesa residents facing divorce.

• Proven Success & Recognized Leadership: Our firm has successfully represented thousands of clients.. Attorney Navid Moshtael is a widely respected family law attorney, recognized by Avvo, where he holds the highest-possible Superb rating for his legal knowledge and client advocacy.
• Extensive Experience in Orange County Courts: Our attorneys have decades of experience representing clients in Orange County Superior Court, giving us a deep understanding of judicial preferences, court procedures, and strategic legal approaches.
• Customized Legal Strategies for Every Case: No two divorces are the same, which is why we tailor our approach to meet your unique needs. Whether your case requires aggressive litigation or negotiated settlements, we work tirelessly to protect your assets, parental rights, and financial future.

If you’re facing a divorce in Costa Mesa, trust Moshtael Family Law to provide the guidance, advocacy, and legal expertise you need.

Essential Steps to Safeguard Your Interests During a Divorce

Going through a divorce can be overwhelming, but knowing California’s legal requirements and planning strategically can help protect your rights, assets, and future.

California Divorce Requirements

• Mandatory Waiting Period – California law requires a six-month waiting period from the time the divorce petition is filed before finalization. This allows both parties time to resolve key issues like custody, spousal support, and asset division.
• Residency Requirements – At least one spouse must have lived in California for six months and in the county where the divorce is filed for at least three months before initiating the process.

How We Help You Going through the Process

At Moshtael Family Law, we provide comprehensive legal support at every stage of your divorce, ensuring that you make informed decisions while safeguarding your interests. Our process includes:

• Filing the divorce petition and ensuring it is properly served to your spouse.
• Exchanging financial disclosures to maintain transparency and fairness.
• Negotiating agreements on child custody, property division, and spousal support—or aggressively representing you in court when necessary.

With our experienced Costa Mesa divorce attorneys by your side, you can move forward with confidence, knowing that your future is protected by skilled legal professionals.

Divorce Lawyer in Costa Mesa Services

At Moshtael Family Law, we provide strategic and personalized legal representation for individuals navigating divorce in Costa Mesa. Whether your case involves high-value assets, business interests, or contested custody matters, our experienced attorneys are committed to protecting your financial future and securing a fair resolution.

Our Costa Mesa divorce services include:

• Property Division – Ensuring the fair distribution of marital assets, including real estate, investments, retirement accounts, and personal property, in compliance with California community property laws.
• Business Valuation & Division – Accurately assessing and dividing business assets, professional practices, and corporate holdings with the assistance of financial experts.
• Spousal Support (Alimony) – Advocating for fair and reasonable alimony agreements, whether through negotiation or litigation, to ensure financial stability for both parties.
• Forensic Accounting – Investigating financial records to uncover hidden assets, assess income streams, and ensure full transparency in asset and income disclosures.
• Division of Stock Options & RSUs – Addressing the complexities of dividing stock options, deferred compensation, and restricted stock units acquired during the marriage.
• Real Estate Division – Managing the sale, division, or retention of high-value properties, including primary residences, vacation homes, and rental investments.
• Prenuptial & Postnuptial Agreements – Drafting, reviewing, and enforcing marital agreements to protect separate assets and clarify financial obligations.

We understand that divorce is a life-changing event, and we are here to guide you through every step with precision, compassion, and a results-driven approach. If you are facing divorce in Costa Mesa, our experienced attorneys will work diligently to safeguard your rights and achieve the best possible outcome.

Key Considerations in California Divorce Laws

Our team are committed to guiding Costa Mesa clients through the complexities of divorce. Our Orange County divorce attorneys provide strategic legal support to ensure an efficient and equitable divorce process. Whether your case involves high-value assets, child custody disputes, or financial concerns, our law firm is here to protect your rights and secure your future.

No-Fault Divorce in California

Under California Family Code § 2310, the state follows a no-fault divorce system, meaning that neither spouse must prove infidelity, misconduct, or wrongdoing to file for divorce. Instead, the primary legal ground is irreconcilable differences.

While fault does not impact the ability to obtain a divorce, disputes over child custody, spousal support, and asset division can become highly contentious. Our legal team ensures your interests are safeguarded through strategic legal advocacy.

Community Property & Asset Division

California law classifies assets and debts acquired during the marriage as community property, which is typically divided equally (50/50) unless an alternative agreement is reached. High-asset divorces often involve complex financial matters, such as:

• Separate Property vs. Marital Property – Assets acquired before marriage, as well as inheritances and gifts, may be considered separate property unless they become commingled with marital assets.
• Valuation of Complex Assets – Businesses, investment portfolios, stock options, and intellectual property require accurate financial assessments to ensure an equitable distribution.
• Real Estate Division – Determining ownership, equity, and the division of properties such as family homes, rental units, and vacation properties requires careful legal consideration.

Our Costa Mesa divorce attorneys work to protect your financial interests by ensuring that assets are properly identified, valued, and divided in accordance with California law.

Child Custody & Child Support in California

California courts make custody and support decisions based on the child’s best interests. Several key factors are considered, including:

• Each parent’s income and financial stability.
• The amount of time the child spends with each parent.
• Additional expenses such as healthcare, education, and childcare.

For high-income divorces, standard child support calculations may not fully address a child’s lifestyle and needs. Our family law attorneys help structure customized support agreements that prioritize your child’s well-being.

Spousal Support (Alimony) Considerations

Spousal support is designed to ensure the lower-earning spouse maintains financial stability after the divorce. Courts evaluate:

• The standard of living maintained during the marriage.
• Each spouse’s income, earning capacity, and financial contributions.
• The length of the marriage and potential long-term financial needs.

For high-net-worth divorces, disagreements often arise over income assessments, asset distribution, and the duration of support obligations. Our Costa Mesa divorce lawyers advocate for fair and just spousal support arrangements that reflect the financial realities of both parties.

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 waiting period for a divorce in California is six months, but the total timeline varies. Uncontested divorces may be finalized within 6–12 months, while contested cases involving child custody or asset disputes can take 12–18 months or longer. Our Costa Mesa divorce attorneys work to resolve your case as efficiently as possible.

2. Do both spouses have to agree to get a divorce?

No, California is a no-fault divorce state, meaning that either spouse can file for divorce even if the other does not agree. If one spouse refuses to participate, the court may grant a default judgment, finalizing the divorce without their input. Our legal team can guide you through the process and protect your interests.

3. How is property divided in a California divorce?

California follows community property laws, meaning that assets and debts acquired during the marriage are typically split 50/50. However, disputes may arise over separate vs. marital property, business ownership, or high-value assets. Our attorneys ensure accurate valuation and fair division of all property in compliance with California law.

4. Will I have to pay or receive spousal support?

Spousal support (alimony) is determined based on factors like income, earning potential, the length of the marriage, and the standard of living during the marriage. Courts may award temporary or long-term support based on the financial needs of each spouse. Our attorneys help negotiate fair support agreements or litigate disputes in court.

5. How does the court decide child custody?

California courts prioritize the child’s best interests, considering factors such as parenting abilities, stability, and the child’s relationship with each parent. Courts often favor joint custody unless one parent is deemed unfit. Our Costa Mesa family law attorneys work to secure custody arrangements that protect both your parental rights and your child’s well-being.