Sacramento Divorce Attorney Edward Misleh represents clients in divorce matters. Divorce includes filing for divorce, child custody, child support, spousal support, alimony, community property, guardianship, adoption and domestic violence.
How to Start Your Divorce
To start your divorce we file a petition stating certain facts about your marriage. The divorce petition will include the following: 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. Your divorce will address five specific areas which include: your actual divorce, child custody, child support, spousal support (alimony), and division of marital property. Remember, Sacramento Divorce Attorney Edward Misleh, offers a free consultation to discuss your divorce issues.
Divorce versus Legal Separation
A legal separation differs from 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. Our divorce attorney can file for a legal separation which can later be amended to a divorce petition.
Divorce versus Annulment
An annulment is different from filing for divorce. This 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 Divorce Attorney Edward Misleh to discuss how to obtain an annulment.
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. These are what is referred to as residency requirements. 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, to meet all residency requirements, 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. To avoid the residency requirements you can initially file for a legal separate and later convert your case to a divorce proceeding.
Divorce and Child Custody
The legal relationship that you and the other parent have with your children is known as child custody. You establish this legal relationship with a court order which can be done during your divorce. 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. Understanding child custody custody can be daunting, especially when one or both parents experience and/or display extreme emotional reactions. Contact Sacramento Divorce Attorney Edward Misleh to discuss your child custody case.
Divorce and Child Support
The amount of child support that you will receive depends on parenting time and the parents’ incomes. This type of 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 at any time prior to the child reaching the age of 18. The State of California can request that you or the other parent pay child support if the child is receiving financial aid. Your child will continue to receive child support payments until the age of 18. This support 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 and should be very careful about entering an agreement to waive or accept a reduced amount of child support. Contact Sacramento Divorce Attorney Edward Misleh who will calculate the child support you may have to pay or will be receiving.
Divorce and Spousal Support
Alimony, which is also known as spousal support, is a legal obligation for one spouse to provide financial support to the other spouse during separation and after divorce. You can agree to the amount of spousal support to be paid or you can seek a court order. You receive spousal support to help you attain the marital standard of living. Contact Sacramento Divorce Attorney Edward Misleh who will calculate the spousal support you may have to pay or will be receiving.
Divorce and Community Property
The property you acquire during marriage is community property. This 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.
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.
Divorce and Domestic Violence
When an abuser perpetrates an act of violence on a victim it is referred to as domestic violence. The abuser and victim must be in a close relationship which is often a spouse. Acts of domestic violence can happen to anyone; men and women alike. Many times, there are acts of domestic violence which occur during a divorce. 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 Divorce Attorney Edward Misleh represents both those who are seeking protection and those who need to defend themselves from a restraining order.
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, contact our office.
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. The legal relationship you have with the ward is called guardianship. Once done, the guardian will have the authority, and corresponding duty, to care for a person and their property interests. Contact Sacramento Divorce Attorney Edward Misleh to discuss either becoming a guardian or to end a guardianship.
Grandparents have a right to reasonable visitation with their grandchildren. This type of visitation is often referred to as grandparents’ rights. 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 Divorce Attorney Edward Misleh if you are a grandparent who is not seeing your grandchildren and would like to discuss your grandparents’ rights.
Attorneys practicing family law can be very helpful to those who wish to assume the parenting role of someone else’s child. An 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 Divorce Attorney Edward Misleh to discuss the possible adoption of a child.
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