FAQ

We’re just off the 405 Freeway at 3090 Bristol St, Costa Mesa, CA 92626. Use the facility parking garage, and we will validate your ticket upon meeting.

Mediation is a process where two people meet with a neutral to assist them in drafting up a settlement agreement.  Mediation is only recommended in an uncontested dissolution where the parties agree on everything.  A neutral is not going to tell you what you are legally entitled to as they are not your attorney.  If you do not agree on everything mediation might not be the best route.  Just because you file for divorce does not mean you have to go to court, you can still reach a full agreement on all issues and never step foot in a courtroom.

On average 8-12 months to finalize a divorce.  However, some cases are pending for years! The more contested the issues, the longer the case will take.

There is no way to say exactly how much a divorce will cost but there are things you can do to minimize the costs.  Responding to your attorney and gathering all the documents requested of you in a timely manner will assist and keep costs down. Also, having a general idea of what you want out of your divorce will help as well.

I have had clients who decide to reconcile after the process has already started, that is your right. We can always dismiss a case prior to judgment being entered. You would not be able to recoup your fees and costs paid, however.

Spousal support is not mandatory, it is ordered on a case by case basis.  Spousal support is a monthly payment to your former spouse that is designed to maintain the status of living. When couples split they go from a dual income household with one set of bills to each paying their own way.  One party may not make enough to cover their expenses, that is what spousal support is for. It is not ordered in every case but if there is a disparity in income spousal support is likely.

Generally speaking, all property that you and your spouse acquire during the marriage while “domiciled” (residing for most purposes) in California is community property. This means that all earnings, assets, and debts during a marriage are subject to equal division between the spouses upon divorce.

An exception is separate property, which includes property that a spouse inherited and property owned by the spouse before the marriage.  However, separate property may have been changed, or “transmuted,” into community property and vice versa. If separate and community property were mixed, or “commingled,” this property might belong to the community.

If you and your spouse were domiciled in another state and moved to California, property acquired in another state might be treated as community property.

Under California’s marital property system, complex legal and factual issues often arise, especially if you and your spouse have substantial assets or a professional degree. The security of your financial well-being may depend in part on how property is characterized, and you can be confident in our abilities to advance your best interest in these critical determinations.

Businesses can pose many difficult questions regarding whether the business is community or separate property; what options are available for dividing the asset; and of particular importance, how to value a business. For an ongoing business, “goodwill” may need to be divided, which is an intangible asset that can be very difficult to value.

Also, if one spouse is a member of a partnership with third persons, the non-partner spouse may have an interest in the partner-spouse’s share of the partnership, creating valuation issues.

In sum, there are many ways to divide a business as well as different valuation techniques.  Our San Diego divorce attorneys identify your rights and take the necessary measures to protect your financial interests.

The division of stock often raises special considerations, as a court frequently considers whether to divide the stock equally, or award the stock to one spouse and compensate the other.  As always, our lawyers carefully evaluate the alternatives to safeguard your interests.

It is also important to note that after separating, spouses must make certain disclosures regarding stock holdings.  Minella Law Group’s lawyers act to ensure that disclosure duties are abided by so that you are not disadvantaged.

Pension or Retirement Benefits

There are many deferred compensation and retirement benefit plans that are offered to executives and employees.  Even though these might not be received until after divorce, a portion of these assets may belong to the community.  Our family lawyers take the proper steps to protect your interest in a pension or retirement plan, and if appropriate, secure the interest by obtaining a qualified domestic relations orders on the asset.

A Minella Law Group attorney also assess valuation issues to ensure your rights are not diminished, and if you wish to terminate your marital status before other issues are resolved, we’ll take the appropriate actions to prevent losses to any right you may have to pension benefits.

Stock Options

Stock options may be a mixture of community property and separate property.  Several factors are considered in determining the stock option’s character, as well as in valuing the option.  In asserting your rights, we’ll emphasize those factors in your favor through skilled representation in and out of court in San Diego.

A divorce has many tax effects, including the tax effects of spousal and child support, the equal and unequal divisions of property, of a sale or exchange of a principal residence, and the deductibility of attorney’s fees.

Particularly in a high asset divorce, tax considerations must be taken into account early on. Minella Law Group’s attorneys will always place your financial interests as our priority, and we’ll ensure that the tax effects are weighed.

Our law firm is uniquely equipped to handle high-conflict custody cases with a strategic and compassionate approach. We understand the emotional and legal complexities involved and are committed to guiding you through each step of the process. Our team works closely with you to develop tailored solutions that prioritize your child's well-being, while advocating fiercely for your parental rights.

We leverage our extensive experience in family law to navigate issues such as parental alienation, communication breakdowns, and allegations of abuse or neglect. Whether through negotiation, mediation, or litigation, we aim to resolve disputes as efficiently as possible. If necessary, we collaborate with child custody evaluators, therapists, and other professionals to ensure all aspects of your case are thoroughly addressed.

At every turn, we remain focused on minimizing the emotional toll and securing a fair, stable outcome for your family. Our goal is to provide you with the legal expertise and support needed to move forward, while helping to reduce the conflict and find lasting solutions

Each attorney at Minella Law Group offers their own areas of focus. We try to right fit each case to the attorney matched with the best skill set for it.

Our most complex cases are led by Kathy Minella, the founding attorney.