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Sacramento Attorney Location
Sacramento Attorney Edward Misleh’s office is located at 615 Tenth Street, Sacramento, California. The office represents clients who live or work in Sacramento, California, Northern California, and throughout the United States.
Family Law
California family law is an area of the law that deals with family matters and domestic relations. The most common family law issue handled by Sacramento Lawyer Edward Misleh is the filing of a dissolution of marriage; otherwise known as divorce. Other family law matters handled by our firm include child custody, child support, spousal support, division of property (including retirement accounts), guardianship, conservatorship, adoption, grandparent’s rights, estate planning, and probate matters.
For more information about family law, click on the following link: Family Law
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 divorce, child custody, child support, spousal support (alimony), and division of marital property.
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. Your attorney will not only help you with the legal aspects of your divorce but can give you insight on how to deal with a difficult spouse. If there are children involved, your attorney may be able to help you better understand what needs to happen to help minimize the effects on your children. Should you have substantial assets or have a business, you will most likely need an attorney to help you determine your interest.
For more information about divorce, click on the following link: Divorce
Divorce Agreements
You may be able to communicate with your spouse and be able to agree on some, if not all, issues. 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
Divorce Marital Settlement Agreement (MSA)
At some point, you and your attorney will discuss a marital settlement agreement (MSA). 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.
Call our office for a free consultation: Attorney Client Fee Agreement
Legal Separation and Divorce
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 is no residency requirement 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 filing.
For more information about legal separation, click on the following link: Legal Separation
Annulment and Divorce
An annulment is a court ruling that your marriage never existed. If you were a minor who married without the consent of your parents or guardian, or if there was fraud or deceit, you should file for an annulment. 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.
For more information about annulment, click on the following link: California Legal Separation
Prenuptial and Posnuptial Agreements in Divorce
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 orseparate property.
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.
For more information about partner’s rights, click on the following link: Family Law
California “Marvin Action”
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.
For more information about partner’s rights, click on the following link: Family Law
California Divorce 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, and that the filing spouse 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 can file for a legal separate and 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
Child Custody in Divorce
Your divorce may be complicated if you have children and you have concerns about 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 and which of you will be paying child support.
For more information on child custody, click on the following link: California Child Custody
Legal Custody in Divorce
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 in Divorce
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 in Divorce
You have joint custody if you share or have 50-50 custody of your child. 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, will order one 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 in Divorce
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 in Divorce
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 in Divorce
You modify child support by filing a request for order. You file a request for order only after you have received a 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 parents 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 in Divorce
The amount of child support that you will receive depends on parenting time and any incomes you and your spouse receives. Child support is often referred to as “guideline child support” because a computer program is used to determine child support. Child Support is the financial support parents owe to their children; the amount of money that a court orders a parent to pay for the support of their child. Child support is the ongoing and periodic payment made by a parent for the financial benefit of a child following a divorce. 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.
Call our office to make an appointment for a free consultation: Attorney Client Fee Agreement
Child Support in Divorce
The amount of child support you receive is based on parenting time and the parents’ income. 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. However, 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 in Divorce
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 in Divorce
Spousal support, also known as alimony in other states, 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.
For more information on spousal support, click on the following link: Spousal Support
Temporary Spousal Support in Divorce
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 in Divorce
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
Duration of Spousal Support after Divorce
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 and Divorce
To modify a spousal support order, you must file a request showing a “change in circumstances” since the last order was made. The supported party no longer needs support or the supporting party can no longer afford to paid support.
For more information on modifying spousal support, click on the following link: Spousal Support
Termination of Spousal Support after Divorce
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
Dividing Assets and Debts in Divorce
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
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.
For more information about marital property, click on the following link: Divorce
Dividing Marital Property in Divorce
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.
For more information about marital property, click on the following link: Family Home Division
Dealing with Community Property in Divorce
Property you receive 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 separate property source is characterized as your separate property.
For more information about community property, click on the following link: Divorce
Separate Property and Divorce
Property you received before the marriage, that you were given to you as a gift, that you inherited, or that you received after separation is your separate property.
For more information about separate property, click on the following link: Divorce
Domestic Violence and Divorce
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, or someone you know, has being a victim of domestic violence, you should contact law enforcement for help and seek medical attention for any injury. 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 the convicted spouse should not receive spousal support.
For more information on domestic violence, click on the following link: Understanding Domestic Violence
Spouse’s 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, such as in marriage or cohabitation. An argument can become very emotional and possibly result in physical harm, resulting in domestic violence. And when it does, the argument often ends with someone contacting law enforcement to make a report.
For more information on domestic violence, click on the following link: Domestic Violence
Spousal Abuse and Divorce
Abuse occurs when an abuser either: Intentionally or recklessly caused or attempted to cause bodily injury or sexual assault; Places a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or, Engages in 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; physical or sexual abuse, threats, stalking, and harassment. The person requesting a restraining order is the “protected person” or “victim.” The person the restraining order is against is the “restrained person” or “abuser.” These orders can include requests to protect others, protect pets, and to have the abuser move-out of the residence.
For more information on domestic violence restraining orders, click on the following link: Domestic Violence Restraining Orders
Civil Harassment
Civil harassment is abuse you suffer from someone with whom you do not share a domestic relationship. If you do not qualify for a domestic violence restraining order, you can file for a civil harassment restraining order. You need a civil harassment restraining order if you need protection from neighbors, roommates, coworkers, or more distant family members.
For more information about civil harassment, 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. The abuse you allege in your request can include: intentionally or recklessly caused or attempted to cause bodily injury or sexual assault; placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or, engaging in 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 individual’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.
For more information on guardianship, click on the following link: Family Law
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.
For more information on guardianship, click on the following link: California Child Guardianship
Guardian Ad Litem
A guardian ad litem (GAL), also referred to as Court Appointed Special Advocate (CASA), is an individual who acts as the child’s voice in court. Once appointed, the guardian ad litem may represent the child in a court proceeding. Judges often adhere to any recommendations given by the child’s representative.
For more information on guardianship, click on the following link: Family Law
Guardianship and Child Custody
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: Family Law
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.
For more information on grandparents rights, click on the following link: Family Law
Adoption of a Child
Attorneys practicing family law can be very helpful to those who wish to assume the parenting role of another, usually a child, from that person’s biological or legal parent(s). 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.
For more information on adoption, click on the following link: Family Law
Estate Planning
Estate planning is the process to anticipating and arranging for the management and disposal of a person’s estate during their lifetime and after death. You undertake estate planning to maximizing the value of the estate by reducing taxes and other expenses. Estate planning includes planning for incapacity as well as a process of reducing or eliminating uncertainties over the administration of a probate.
California Estate planning begins for those who want to create a will or trust to transfer their property to beneficiaries after death. Estate planning can help to minimize tax consequences on your personal estate and to make it much easier for your beneficiaries to receive property from your estate.
For more information about estate planning, click on the following link: California Probate
Wills and Trusts
We can create a Will or a Trust to aid in the administration of your estate; to protect your property; to avoid probate; and, to ensure that your loved-ones receive their interests in your estate. Our areas of service include: estate planning, intestate distribution, will contestation, beneficiary rights, living trusts, revocable trusts, irrevocable trusts, special needs trusts, powers of attorney, and advance health care directive.
For more information about wills or trusts, click on the following link: Intestacy
Probate
Probate is a judicial process approving the terms of a will. The court accepts the will as a valid public document of the deceased true last testament. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. A probate court decides the legal validity of a testator’s (deceased person’s) will and grants its approval, also known as granting probate, to the executor. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator’s assets in the manner specified in the testator’s will.
For more information about probate, click on the following link: California Probate
Personal Injury Claims
Personal injury is any injury to the body, mind or emotions, as opposed to an injury to property. The term personal injury refers to a type of lawsuit for bodily or emotional harm. You, as a plaintiff, file a lawsuit against another person or entity, the defendant, for the harm they caused. Causes of actions can include negligence, gross negligence, reckless conduct, or intentional misconduct, and strict liability.
For more information about personal injury claims, click on the following link: Areas of Practice
Wrongful Death Actions
In California, a “wrongful death claim” arises when one person dies as the result of the wrongful act or negligence of another person or entity. A wrongful death claim is a civil lawsuit. You can file a wrongful death action if you are a survivor of the deceased person or by the personal representative of the deceased person’s estate.
For more information about wrongful death claims, click on the following link: Areas of Practice
Auto Accident Injuries
Immediately seek medical attention if you injuries are severe. Even if you are not feeling any immediate effect, see a medical professional to evaluate your condition. You may not realize that you have internal injuries, are in shock, or have some other form of trauma from the accident. If your injuries are minor, take a little time to photograph the scene and to gather witnesses contact information.
You must have evidence to support your claim for injuries and property damage. To limit any recovery, you must also prove that you were not at fault for causing the accident. The most compelling evidence are statements from witness who saw the accident and are willing to testify about what they saw happen. Witness statements can prove who was responsible for the accident and the severity of any injury.
Notify the police when you are in a car accident. This will prevent the other party from claiming hit-and-run accident and that you left the scene. You need to create a record that is as near in time to the actual incident as possible.
If you have exchanged information with the other driver, be sure to notify both your insurance carriers about the accident. Otherwise, be sure to notify your insurance carrier.
For more information about auto accident claims, click on the following link: Areas of Practice
Sacramento Attorney
For more information about the law firm, click on one of the following link: Edward Misleh
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