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Sacramento Divorce Attorney Edward Misleh’s office is located at 615 Tenth Street, Sacramento, California. The office represents clients in divorce matters who live or work in Sacramento, California, Northern California, and throughout the United States.
Starting Your Divorce
You start your divorce by filing a petition stating certain facts about your marriage. The divorce petition will contain the following information: your date of marriage, date of separation, the number of years married, the number of children you have, and the age and birth date of each child. During your divorce there are five areas which can be addressed, they are: your actual divorce, child custody, child support, spousal support (alimony), and division of marital property. Remember, Sacramento Attorney Edward Misleh, offers a free consultation to discuss your divorce issues.
For more information about divorce, click on the following link: Divorce
Divorce Issues
Your divorce can be a very stressful and difficult undertaking should you not understand what is at stake. You should hire an attorney if you feel that you will need guidance and support in the handling of your divorce. Our attorney will not only help you understand the legal aspects of your divorce but can give you insights on how to deal with a difficult spouse. If there are children involved, our attorney may be able to help you better understand what needs to be done to help minimize any effects they may experience. Should you have substantial property or a business, you will most likely need an attorney to help you determine your interest in these assets. Sacramento Attorney Edward Misleh can help you identify the issues and tell you probable outcomes.
For more information about divorce, click on the following link: Divorce
Divorce Agreement
You may be able to communicate with your spouse and be able to agree on some, if not all, of the issues involved in your divorce. By doing so, you will minimize the stress associated with a divorce and will save a great deal of money and time that may be spent on an attorney. If you and your spouse cannot agree, you may need an attorney to help you and your spouse reach a compromise. Should you and your spouse not be able to reach a compromise, you will most likely be going to court to have a judge make decisions about your divorce.
For more information about divorce, click on the following link: Divorce
Marital Settlement Agreements
At some point, you and your attorney will discuss a marital settlement agreement. Your marital settlement agreements is a crucial part of your divorce case. It is written by an attorney and addresses all issues related to your divorce. These issues can be: your actual divorce, child custody, child support, spousal support, and division of marital property. The purpose of a marital settlement agreement is to memorialize all agreements that you and your spouse have reached. Often, you and your spouse can mutually reach an agreement without going to court. Should you be able to do so, you will avoid unnecessary attorney fees and keep your divorce private and experience less stress. When this is not possible, your case will go before a judge who will make final decisions.
Legal Separation
A legal separation is not a divorce because, unlike a divorce, you cannot remarry. Legally, you remain “married” but you are no longer part of a “community.” Spouses often file for a legal separation for religious reasons, insurance coverage, or tax purposes. In a legal separation, a court will still divide your marital property and issue orders relating to child custody, visitation, child support, spousal support, and, if necessary, a restraining order. There are no residency requirements to file for legal separation. You can get a legal separation without having lived in California for six months or your county for three months before the filing of your petition.
Annulment
An annulment is a court ruling that your marriage never existed thus eliminating the need to get divorced. You are eligible for an annulment if you were a minor who married without the consent of your parents or guardian, if there was fraud, or if you were in some way deceived when you got married. An annulment returns you to single status as if the marriage never existed. It also affects a spouse ability to collect spousal support and their interest in any marital asset. Contact Sacramento Attorney Edward Misleh to discuss how to obtain an annulment.
For more information about annulment, click on the following link: California Legal Separation
Residency Requirements
Filing for divorce in the State of California requires that at least one spouse have resided in the state for at least six months prior to the date of filing. In addition, the filing spouse must have resided in the county where they are filing for at least three months prior to the date of filing. In short, you must have been a resident of the county in which you are filing for at least 3 months prior to the date of filing and a California resident for at least 6 months prior to the date of filing. You could initially file for a legal separate and later convert your case to a divorce proceeding if you do not meet residency requirements.
For more information on residency, click on the following link: California Divorce
Prenup and Postnup Agreements
In California, couples can enter into prenuptial agreements (prenups) and postnuptial agreements (postnups). Your prenup or postnup are both contracts that characterize the assets you own and possible payments of support. You enter into a prenup before marriage and a postnup during marriage. Both documents require specific language and “disclaimers” to be enforceable. In either document you can characterize any property you own as either community property or separate property. Sacramento Attorney Edward Misleh can draft a new agreement, update a current agreement or create a new prenup or postnup.
For more information about prenups and postnups, click on the following link: Divorce
Cohabitation Rights
You can file for your interest in any property that you and your partner acquired during cohabitation. Partners prove that they have an interest in property by an oral or written agreement. The property at issue is often divided giving each partner a one-half interest.
Marvin Actions
A Marvin Action is a claim for spousal support that you make against your partner following a breakup. Another name for these payments is “palimony.” The California Supreme began allowing “palimony actions” in 1976 when they addressed cohabitation claims. Your request for palimony is not a family law matter but rather, a civil action.
Child Custody
Child custody is the legal relationship that you and the other parent have with your children. You establish this legal relationship with a court order. During you divorce, you and your spouse will need to address both physical and legal custody of your children. The physical custody you or your spouse receives could determine who will be primary parent. The primary parent is often the one who will be receiving child support. Your divorce may be complicated if you have children and you have concerns about custody. Child custody can be complicated, especially when one or both parents experience and/or display extreme emotional reactions. Contact Sacramento Attorney Edward Misleh to discuss your child custody case.
For more information on child custody, click on the following link: California Child Custody
Legal Custody
Legal custody is your right to make decisions regarding your child’s care and development. Parents can reach an agreement regarding custody without court intervention. Once you have an agreement, you can have it entered as a court order. Otherwise, parents will attend mediation and receive recommendations about custody and parenting time.
For more information on child custody, click on the following link: California Child Custody
Physical Custody
Physical custody is the time you or the other parent spends with your children. Parents can reach an agreement regarding custody without court intervention. Once you have this agreement, you can have it entered as a court order. Otherwise, parents will attend mediation and receive recommendations about custody and parenting time.
For more information on child custody, click on the following link: California Child Custody
Joint Custody
You have joint custody if you spend substantial amounts of time with your children. Joint child custody can be either joint legal custody, joint physical custody, or both. A court can address child custody should the parents be unable to do so. A judge, who has wide discretion in drafting a parenting plan and will fashion any order that is in a the “best interests of the child.”
For more information on child custody, click on the following link: California Child Custody
Sole Physical Custody
You have sole physical custody if the other parent has no custody or limited visitation of your child. Your sole custody rights include the exclusive right to physically care for your child. The non-custodial parent has visitation. The court must consider the best interests of the child before it awards sole physical custody to one parent. Once the court awards sole physical custody to one parent, that parent has the right to control the physical care of the child without the need to consult the other parent.
For more information on child custody, click on the following link: California Child Custody
Sole Legal Custody
You have sole legal child if the other parent has no legal custody. Your rights with sole legal custody include the exclusive rights to make critical decisions that affect your child’s safety, health and welfare. The court must consider the best interests of the child before it awards sole legal custody to one parent. You have the right to make all other decisions about your child’s life, without the other parent’s approval.
For more information on child custody, click on the following link: California Child Custody
Child Custody Modification
You modify child support by filing a request for order. You file a request for order only after you have a current custody and visitation order. Parenting plans change as children get older and their needs, interests, and activities change. You make a request to modify a custody order when a parent moves, advances in their career, or remarries. Your request must outline a “change in circumstances,” that there has been a significant change that requires a new order for the best interests of the children.
Note: Child custody can be an issue you will be addressing for may years.
For more information on child custody, click on the following link: California Child Custody
Child Support
The amount of child support that you will receive depends on parenting time and the parents’ incomes. Child support is often referred to as “guideline child support” because a computer program is used to determine the amount paid. Each parent is equally responsible for providing for the financial needs of their child. You, the other parent, or the State of California can request child support. The State of California can request that you or the other parent pay child support if the child is receiving financial aid. Child support payments usually continue until the child turn 18. Child support payments can continue until the age of 19 if the child is still in high school full time, living at home, and cannot support themselves. You cannot waive your child’s right to receive child support.
For more information on child support, click on the following link: Excess Support Payments
Child Support Modification
You can modify an order for child support by filing a request for order. The request for order must state the change in parenting time or the income of either parent. You should file for a modification to avoid overcharges and arrears.
For more information on child support, click on the following link: Excess Support Payments
Spousal Support
Spousal support, also known as alimony, is a legal obligation for one spouse to provide financial support to the other spouse during separation and after divorce. You can agree to spousal support or seek a court order. You receive spousal support to help you attain the marital standard of living. Contact Sacramento Attorney Edward Misleh who will calculate child support you may have to pay or will be receiving.
For more information on spousal support, click on the following link: Spousal Support
Temporary Spousal Support
Temporary spousal support is the money you receive during your divorce proceeding. A court will use a computer program, called Dissomaster or X-spouse, to determine temporary support. The only factors a court considers for temporary support is the supported party’s needs and the supporting party’s ability to pay.
For more information about temporary spousal support, click on the following link: Temporary Spousal Support
Permanent Spousal Support
Permanent spousal support is the money you receive when divorced. A court will address a number of factors which includes; the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage. The court must consider the “4320 factors” when entering an order for permanent spousal support.
For more information about permanent spousal support, click on the following links: Permanent Spousal Support
Spousal Support Duration
The duration that you will pay spousal support is at the court’s discretion within certain general equitable principals and guidelines. A general rule is that spousal support will last for half the length of a marriage that was less than 10 years long. However, in longer marriages, the court will not set a duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.
For more information on spousal support duration, click on the following link: Paying Spousal Support
Spousal Support Modification
To modify a spousal support order, you must file a request showing a “change in circumstances” since the last order was made. You must prove that either the supported party no longer needs support or that you can no longer afford to paid support.
For more information on modifying spousal support, click on the following link: Spousal Support
Spousal Support Termination
You can have your spousal support payments terminated when your spouse dies, remarries, or by seeking a court order. Your spouse receives support for a reasonable amount of time to become self-supporting. A reasonable amount of time is half the length of the marriage if your marriage was less than 10 years. If your marriage was more than 10 years, a court will require the supported spouse to become self-supporting as soon as reasonably possible. California law does not require lifetime support and spousal support can be terminated at any time.
For more information about terminating spousal support, click on the following link: Modifying Support Payments
Marital Property
The property you and your spouse own is marital property. Marital property includes all of the assets and debts owned by you and your spouse; either jointly or separately. During your divorce, your marital property will be divided. Your marital property must first be characterized before it is divided in your divorce proceeding. Your claims for reimbursements and credits must also be considered during your divorce. You can agree on a division of the marital property. A court will order an equitable division if you and your spouse do not agree on a division. Determining and dividing marital property can have a significant effect on your current lifestyle and future retirement. Take time to carefully determine the value of all marital property and your interests. Contact Sacramento Attorney Edward Misleh who will explain what marital assets you could receive and what debts you could be obligated to pay.
For more information about marital property, click on the following link: Family Home Division
Community Property
The property you acquire during marriage is community property. Community property includes all assets and debts. During your divorce, your property is characterized as either community property or separate property. Any property traced to a community source is characterized as community property. All of your community assets and debts will be divided in your divorce. If you have substantial assets at stake, you may need an attorney to help you determine your interest in the community assets and debt. Should you or your spouse own a business, you will need to determine what interest, if any, you have in that business.
For more information about dividing your assets and debts during divorce, click on the following link: Divorce
Separate Property
The property you received before the marriage, that was given to you as a gift, that you inherited, or that you received after separation is your separate property. Any property traced to a separate source is characterized as separate property.
For more information about separate property, click on the following link: Divorce
Domestic Violence
Domestic violence occurs when an abuser perpetrates an act of violence on a victim. The abuser and victim must be in a close relationship. Domestic violence can happen to anyone; men and women alike. If you have been a victim of domestic violence, you should contact law enforcement and seek medical attention. If your spouse has been convicted of an act of domestic violence within the last 5 years, before filing for divorce, there is a “rebuttable presumption” that they should not receive spousal support. Sacramento Attorney Edward Misleh represents both those who are seeking protection and those who need to defend themselves from a restraining order.
For more information on domestic violence, click on the following link: Understanding Domestic Violence
Acts of Domestic Violence
Acts of domestic violence is either a specific act of abuse or a pattern of abusive behavior. Domestic violence occurs when an abuser perpetrates an act of violence on a victim in a domestic setting. Domestic setting is a personal relationship such as marriage, cohabitation of dating.
For more information on domestic violence, click on the following link: Domestic Violence
Spousal Abuse
Spousal abuse occurs when a spouse either intentionally or recklessly causes or attempts to cause bodily injury or sexual assault. You can be abused by your spouse if you are placed in reasonable apprehension of imminent serious bodily injury. More generally, spousal abuse is any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property, or disturbing the peace of another.
For more information on domestic violence, click on the following link: Domestic Violence
Domestic Violence Restraining Orders
A Domestic Violence Restraining Order is a court order that protects a victim from an abuser who perpetrates domestic violence. The restraining order is against is the “restrained person” or “abuser.” These orders can include requests to protect others, pets, and property. The abuser may be required to move-out of a shared residence.
For more information on domestic violence restraining orders, click on the following link: Domestic Violence Restraining Orders
Civil Harassment Restraining Orders
A civil harassment order is your request to restrain someone with whom you do not have a close relationship. Abuse is intentionally or recklessly causing or attempting to cause bodily injury or sexual assault. You could be abused if someone places you in reasonable apprehension of imminent serious bodily injury. Generally, abuse is any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property, or disturbing the peace of another.
For more information on civil harassment restraining orders, click on the following link: Restraining Orders
Guardianship
Individuals often hire family law attorneys to apply for guardianship. A court grants a guardianship when it finds the need for one individual to care for another’s well-being or property. The ward is the individual in your care. Guardianship is the legal relationship you have with the ward. Once done, the guardian will have the authority, and corresponding duty, to care for a person and their property interests. Contact Sacramento Attorney Edward Misleh to discuss either becoming a guardian or to end a guardianship.
Guardianship of a Child
You can seek appointment as a guardian if you are not the child’s parent. You agree to care for and tend to the child’s needs or property interest. An award of guardianship will affect child custody – the rights of a parent to raise and control their child. A guardianship limits parental rights. The guardian has the right to make decisions regarding the child’s care. The parents have the right for reasonable contact with the child.
For more information on guardianship, click on the following link: California Child Guardianship
Grandparent’s Rights
Grandparents have a right to reasonable visitation with their grandchildren. The legal right that grandparents have to see and interact with their grandchildren will most likely require the assistance of a family law attorney. Should a grandparent be denied contact with their grandchild, they will have to obtain a court order granting them the right to visitation. Contact Sacramento Attorney Edward Misleh if you are a grandparent who is not seeing your grandchildren.
Adoption
Attorneys practicing family law can be very helpful to those who wish to assume the parenting role of someone else’s child. Adoption not only creates a new legal relationship but also severs a prior legal relationship. When you adopt a child, the court terminates the parental rights of the child’s parents. The legal relationship you have with the adoptive child is permanent. Your adopted child inherits from you just as a natural-born child would. Contact Sacramento Attorney Edward Misleh to discuss adopting a child.
Sacramento Attorney
For more information about Sacramento Attorney Edward Misleh, click on the following link: Edward Misleh