Divorce lawyers

Experienced Divorce Attorneys in Santa Ana

Serving Clients in Santa Ana

Navigating the complexities of ending a marriage is often a challenging experience for many in Santa Ana, California. The journey through a divorce case, fraught with emotional upheaval, requires the guidance of skilled divorce attorneys. 

In Santa Ana, the Fontes Law Group divorce lawyers stand ready to offer their expertise in family law, ensuring that the process is managed efficiently and effectively, avoiding common pitfalls that could otherwise prolong the ordeal and impact your interests negatively.

Divorce doesn’t always have to be a drawn-out, acrimonious battle in the courtroom. Many couples find that they can come to comprehensive agreements through out-of-court negotiations or mediation. The Fontes Law Group, with their deep understanding of family law and divorce proceedings, are well-equipped to guide you through understanding your rights and the legal process.

When Your Case Requires Litigation

While our Santa Ana-based divorce attorneys focus on facilitating amicable agreements to sidestep litigation, certain situations may necessitate a trial. If your divorce cannot be settled amicably, our team, proficient in litigation, is prepared to vigorously defend your interests in court, if need be. Reach out to the Fontes Law Group for more information on divorce and related family law matters.

Why Clients Choose Fontes Law Group

Experience. Compassion. Results.

At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our divorce lawyers understand how emotionally and financially overwhelming a separation can be, and we know how to navigate the challenges that come with custody, support, and property division in California.

• Proven success guiding families through difficult divorce cases
• All team members speak Spanish
• Offices in Santa Ana and Riverside
• No fees for your initial consultation
• Trusted by families across Southern California

Divorce Laws in California:

To initiate a divorce in California, you must first meet the state’s residency rules. Under Cal. Fam. Code § 2320, either you or your spouse must meet the following requirements:

• You or your spouse must have lived in California for at least six months before filing.
• You must file in the county where either spouse has lived for at least three months.

If these requirements are not met, the court can dismiss the case and you may need to wait before filing again.

Once your petition is filed, it must be properly served on your spouse so they have the chance to respond. California also has a mandatory waiting period. Under Cal. Fam. Code § 2339(a), a divorce cannot be finalized until at least six months have passed from the date the petition and summons are served.

This six-month period is the earliest point when a divorce can be completed. The full process may take longer depending on paperwork, disagreements, or court scheduling. In some cases, the court may extend the timeline if either spouse shows a valid reason.

To help you understand what lies ahead, read more here: The California Divorce Process in 7 Steps

No Fault vs. Fault Divorce in California

Years ago, California allowed spouses to file for divorce by blaming the other person for things like infidelity, cruelty, abandonment, or serious misconduct. That system created unnecessary conflict, pushed couples into painful accusations, and often made the process longer and more expensive.

California now uses a no fault divorce system. This means you do not have to prove wrongdoing to end your marriage. The only legal reason needed is “irreconcilable differences,” as outlined in Cal. Fam. Code § 2311 which simply means the relationship cannot be repaired. With this approach, the court focuses on solutions instead of blame.

Even though fault is no longer part of the divorce itself, certain issues, such as domestic violence or substance abuse, can still affect decisions involving children. Judges may look at these concerns when deciding custody, visitation, and what arrangement best protects a child’s well being.

This system helps families in Santa Ana and throughout California move forward with less conflict and more clarity.

Division of Property in Santa Ana

California is one of the few states that uses community property rules during divorce. Under Cal. Fam. Code § 760, in simple terms, anything you or your spouse earned, bought, or accumulated during the marriage is usually considered community property. That includes:

• Income
• Cars
• Real estate
• Retirement accounts
• Debts

Since community property belongs to both spouses equally, the law requires a fair fifty fifty division during divorce.

Separate property is handled differently. These are assets or debts you had before the marriage or received during the marriage as a gift or inheritance. Separate property is not divided, but the situation becomes more complex when the lines get blurred. 

For example:

A spouse starts the marriage with their own savings. Years later, they move the money into a joint checking account and both partners use it for bills, travel, or renovations. At that point, the court may treat some or all of that money as community property.

That is why classifying property correctly matters. A smooth property division requires three steps:

1. Identify every asset and debt
2. Classify it as community or separate property
3. Determine its value and divide it fairly

If spouses cannot agree on how to classify or divide their property, the court will make the final decision. Fontes Law Group divorce lawyers help clients understand these rules from the beginning so they are not caught off guard later.

Spousal Support in Santa Ana

Either spouse can request spousal support during a divorce, but it is never automatic. The decision to award spousal support is based on various criteria set forth in Cal. Fam. Code § 4320. Judges look at several factors when deciding whether support is appropriate and what amount is fair.

Some of the key factors include:

• Each spouse’s earning ability
• Whether one spouse needs time to gain job skills or education
• Whether one spouse sacrificed a career to support the family
• The length of the marriage
• The standard of living during the marriage
• Each spouse’s age and health
• Documented domestic violence
• Each spouse’s financial assets and debts
• The paying spouse’s ability to provide support
• Tax considerations
• Any hardships either spouse is facing

These factors help the court understand the full picture, not just income numbers. Every family is different. Some spouses need temporary support to regain stability. Others may qualify for longer term support after years of raising children or managing the household.

Fontes Law Group divorce lawyers help clients estimate what support may look like in their situation and prepare clear, realistic arguments based on financial records and daily needs.

Attorney Fees in Santa Ana

Divorce can create financial imbalance. One spouse may have significantly more income, savings, or access to resources. When that imbalance affects the ability to hire a lawyer, as per Cal. Fam. Code § 2030, the court can order the higher earning spouse to contribute to the other’s attorney fees and legal expenses.

The goal is simple. Both sides should have a fair opportunity to present their case. If one spouse cannot afford representation, the court can step in and level the playing field.

Fontes Law Group divorce lawyers help clients understand when fee requests make sense and how to document financial needs in a clear and honest way.

Divorce vs. Legal Separation in Santa Ana

Some couples in Santa Ana choose legal separation instead of divorce. Legal separation divides property, sets custody orders, and outlines support, just like a divorce. The difference is that you remain legally married and cannot remarry.

Couples choose legal separation for different reasons, including:

• Religious or cultural beliefs
• The need to keep health insurance
• Tax considerations
• Military or Social Security benefits
• The possibility of reconciliation

Legal separation can be a good option when the relationship needs structure and boundaries but not a full legal ending. It can also serve as a stepping stone if the couple later decides that divorce is the right path.

Both spouses must agree to a legal separation. If one spouse prefers divorce, then divorce becomes the available option.

Helpful Resources

FAQs About Divorce Cases