The Law Offices of Edward Misleh, APC is a Sacramento law firm located in Sacramento, California that represents clients in Sacramento, California and in Northern California with the services they need and deserve when addressing their legal matters. Our firm handles all aspects of family law, divorce, military divorce, child custody, guardianship, child support, spousal support, community property, estate planning, domestic violence, personal injury, auto accident, slip and fall, and civil litigation.
Family Law: Family law (also called matrimonial law) is an area of the law that deals with family matters and domestic relations.
Divorce: Divorce, also known as dissolution, is the legal process to terminate a marriage. The process begins when either you or your spouse decides to terminate the marital union and the legal duties and responsibilities of marriage. You need to consider issues you may encounter by filing as a petitioner or as respondent – some client may want to initiated a divorce proceeding while other may find it advantageous to respond to a divorce petition.
Marriage Contracts: Couples often consider prenuptial and postnuptial agreements; the difference being that one is entered into before marriage while the other is entered into after marriage. Both agreements are contracts that characterize the parties’ assets, distribution of those assets, and/or other specific interests. Both documents require specific language and “disclaimers” to be enforceable. What is often at stake is community property or potential community interests which must be disclosed and any characterization to designate property as one person’s separate property agreed to.
Divorce Residency Requirements: Filing for divorce in the State of California requires that one of the spouse must have resided in the state for at least six months prior to the date of filing, and that 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. If you do not meet residency requirements, you can file for a legal separate which can later be converted to a divorce proceeding.
Military Divorce: There is generally no difference between a “Military Divorce” and a civilian divorce. However, there are differences which should be addressed since they can affect the final outcome of a divorce.
Residency Requirements: When one party is in the military, a military divorce can be filed in the state where the service member is currently stationed (whether in or outside the U.S.); the state where the service member claims legal residency; or, the state where the non-military spouse resides.
Calculating Income: Determining a military member’s income in a military divorce requires specific knowledge and expertise. Service members income can include basic allowances for housing, expenses, and their basic pay. These additional allowances bear on the amount of child and spousal support awarded to one spouse.
Division of Military Pension: The member’s military pension is considered as an asset upon divorce. A service member who has served at least 20 years in the service is entitled to receive a military pension based on a percentage of their basic pay.
Thrift Savings Plan and Federal Employee Retirement System: TSP participants are immediately vested which means that they are entitled to their own contributions and any agency matching contribution. However, there is a minimum amount of time in service a TSP participant must meet in order to be vested in the agency automatic (1%) contributions and associated earnings in their accounts.
If a Federal Employees Retirement System employee separates from Federal service before meeting the TSP vesting requirement, the agency automatic (1%) contributions and associated earnings will be automatically forfeited to the TSP. A FERS employee who dies in service is deemed to be vested in the TSP, no matter how many years of service the employee had completed. Consequently, an employee’s beneficiary will be entitled to all the funds in the employee’s account.
For most FERS employees, the TSP vesting requirement is 3 years. However, employees serving in certain positions only need to complete 2 years of service to meet the TSP vesting requirement.
Former Spouse’s Share of Retired Pay: Former spouses who wish to receive their share of the service member’s retirement directly from the Defense Finance and Accounting Service (DFAS) must have at least 10 years of marriage overlapping the military service. DFAS requires a division order specify a dollar amount of award or a percentage of retirement pay to divide a service member’s retired pay.
20/20/20 Benefits: An unmarried “20/20/20” former spouse qualifies for medical benefits and commissary and exchange privileges if the parties have been married for at least 20 years; the service member performed at least 20 years of service creditable for retirement pay; and, there is at least a 20 year overlap of marriage and the military service.
A former spouse who has employer-sponsored medical insurance is not eligible for military medical care or TRICARE. If the employer plan is optional, the former spouse may decline that insurance and remain eligible under TRICARE.
20/20/15 Benefits: A “20/20/15” former spouse qualifies for medical benefits for one year from the date of the divorce or annulment if the parties have been married for at least 20 years; the service member performed at least 20 years of service creditable for retirement pay; and, there is at least a 15 year overlap of the marriage and military service. A “20/20/15” former spouse who has employer-sponsored medical insurance is not eligible for the one-year transitional medical care. However, if the employer plan is optional, the former spouse may decline that insurance and participate in the one-year benefit.
Child Custody: The legal relationship that parents have with their child can be established by a court during a divorce or agreed to by the parents. Custody agreements and orders include establishing legal custody – the right of the child to make decisions regarding the child’s care and development; and, physical custody – the time a parent spends with a child. Parents can reach an agreement regarding custody without court intervention. This agreement can then be entered as a court order. Otherwise, parents will attend mediation and receive recommendations about custody and parenting time.
Joint Child Custody: Sometimes referred to as 50-50 custody. Joint legal and physical custody is the “favored” arrangements that courts would like for parents to have with their children. 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.”
Sole Physical Custody: A parent who is awarded sole physical custody has the exclusive right to physically care for their child. The other parent, non-custodial parent, is awarded 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.
Sole Legal Child Custody: A parent with sole legal custody holds exclusive rights to make critical decisions that affect the 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. Once sole legal custody is ordered to one parent, that parent has the right to make all other decisions over the child’s life, without the other parent’s approval.
Modifying Child Custody: A request to modify child custody (the parenting plan) is undertaken after entry of a custody and visitation order. Parenting plans are often changed as children get older and their needs, interests, and activities change. Custody orders can be modified when a parents moves, advances in their career, or remarries. To request a modification, you must show that there has been a “change in circumstances” since the final custody order was made. This means that there has been a significant change that requires a new visitation arrangement for the best interests of the children. A significant change is required because it is best for children to have stable and consistent custody arrangements with their parents. Final custody orders should only be changed if it would be best for the children.
Child Support: The ongoing and periodic payment made by a parent for the financial benefit of a child following a divorce. Child support can be requested by a parent or by the State of California. Child support is determined by each parent’s parenting time and each parent’s income. Child support can be requested by either parent at any time and child support cannot be “waived.” Alternately, if your child is receiving assistance from a county or the State of California, both parents can be requested to pay child support to compensate for the financial aid provided. Child support is the amount of money that a court orders a parent to pay for the support of their child. Each parent is equally responsible for providing for the financial needs of their child. A California court cannot enforce a child support obligation until support has been requested and ordered. Support payments usually continue until the child turn 18. 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.
Requesting Child Support: Either parent can submit a request for support. This can be done when you file for divorce, legal separation, annulment, a domestic violence restraining order, or in a petition for custody. If one parent has been receiving public assistance from the State of California or a California County program, a local agency will automatically file a support case against the noncustodial parent.
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. Spousal support that is agreed to or awarded after the date of separation and until a divorce is finalized is called temporary spousal support. Spousal support that is agreed to or awarded after a divorce is finalized is call permanent spousal support. Spousal support is available to either a husband or wife and is awarded to help one spouse attain the marital standard of living.
Temporary and Permanent Support: Temporary support is ordered by a court during your divorce proceeding while permanent support is ordered at the end of your divorce case. A court is allowed to use a computer program, called Dissomaster or X-spouse, to determine temporary support. The court cannot use this computer program to determine permanent support. The only factors a court considers for temporary support is the supported party’s needs and the supporting party’s ability to pay. There are more than a dozen factors the court considers when arriving at a figure for permanent support.
Modifying Spousal Support: You can request to change a spousal support order if you can show that there has been a “change in circumstances” since the spousal support order was made. The supported party no longer needs support or the supporting party can no longer afford to paid support.
Terminating Spousal Support: Spousal support is terminated by death, remarriage, or by a court order. A spouse is given support for a reasonable amount of time to become self-supporting. In marriages lasting less than 10 years, a reasonable amount of time is generally considered to be half the length of the marriage. In marriages that last longer 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.
Marital Assets: All property (whether it be an asset or debt) acquired during a marriage is characterized as community property. All property acquired before marriage or after to date of separation; by gift; or, from an inheritance is characterized as separate property. All community property is to be divided while all separate property is awarded to the acquiring spouse. The division of property requires that all property be first characterized after which reimbursements and credits must be considered.
Community Property: In the State of California, all assets and debts you acquire during a valid marriage is presumed to be community property. When you file for divorce, any property you may own is characterized as either community property or separate property. Any property that can be traced to a separate property source is characterized as separate property.
Separate Property: You can acquire separate property in a number of ways. It can be property you received before the marriage, property you were given, property you inherited, or any property you acquire after separation.
Dividing Property: During your divorce, you can agree on a division of the community assets and debts. Should you and your spouse not be able to agree, it can be done by a court which will order an equitable division. Determining and dividing community property assets and debts can have a significant effect on your current lifestyle and future retirement. Take time to carefully determine the value of all community property and your interests.
Domestic Violence: Domestic violence is an act of violence perpetrated by an abuser on a victim. The parties must share 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.
Domestic Violence Restraining Orders & Civil Harassment Orders: A domestic violence restraining order is a court order restraining a party from abusing another person who they share a close relationship. Abuse includes physical violence, verbal attacks, emotional distress, economic restrictions and sexual attacks or molestation. Civil harassment are requests made by those who are not sharing a close relationship. Abuse is defined as: 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.
Acts of Domestic Violence: Domestic violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Domestic violence often begins with an argument between spouses or those who are in a close relationship. An argument can become very emotional and possibly result in physical harm. And when it does, the argument often ends with someone contacting law enforcement to make a report.
Domestic Violence Abuse: Abuse is found when a perpetrator commits one of the following acts: 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.
Protect Yourself from Domestic Violence: The State of California has enacted laws addressing Domestic Violence to protect families and those who are in a close relationship with others from abuse and acts of violence.
Restraining Orders: A Domestic Violence Restraining Order is a court order issued to protect a victim from physical or sexual abuse, threats, stalking, and harassment. The person requesting a restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” These orders can include requests to protect others, protect pets, and to have the abuser move-out of the residence.
Restrained Party: You may request a Domestic Violence Restraining Order protecting you from your spouse, former spouse, the person you are or have dated, a close relative, or a person who regularly lives in your home.
Civil Harassment Restraining Order: If you do not qualify for a domestic violence restraining order, you can file for a civil harassment restraining order. This is often used by clients seeking to protect themselves from neighbors, roommates, coworkers, or more distant family members.
Guardianship: Individuals often hire family law attorneys to apply for guardianship. Guardianships are granted when a court finds the need for one individual to care for another individual’s well-being or property. Guardianship is a legal relationship created between two parties. Once done, the guardian will have the authority, and corresponding duty, to care for a person and their property interests. The individual cared for by the guardian is called a ward.
Guardianship of a Child: You can seek appointment as a guardian if you are not the child’s parent. However, to be appointed as guardian of a child, you must be willing to care for and tend to the child’s needs or property interest.
Guardian Ad Litem: A guardian ad litem (GAL) can also be referred to as Court Appointed Special Advocate (CASA). These individuals are the voice of the child 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.
Child Custody: An award of guardianship will affect child custody – the rights of a parent to raise and control their child. Under a guardianship, parental rights are limited. While the guardian will have the right to make decisions regarding the child’s care, the parents will be permitted to have reasonable contact with the child.
Grandparent’s Visitation: 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.
Adoption: 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 a child is adopted, the parental rights of the child’s parents are terminated. The legal relationship between the adoptive party and the child is permanent and is treated exactly the same as if the child was born to that party. An adopted child inherits from his or her adoptive parents, just as a child would.
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. It is undertaken 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.
Transfer of Property: 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.
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.
Personal Injury: If you were hurt in an accident and are suffering a personal injury from an auto accident or a slip and fall, you should have an attorney who will represent you to make sure your needs are taken care of and that you recover the damages you are entitled to receive.
Auto Accidents: A traffic collision occurs when one vehicle collides with another vehicle, pedestrian, animal, road debris, or a stationary object. A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, and driver skill. Driver skill is affected by the use of alcohol or drugs, and behavior, notably speeding and street racing. If you were hurt in an auto accident, you should have an attorney to make sure your needs are taken care of and that you recover the damages you are entitled to receive.
Effects of an Auto Accident: An auto accident can have a devastating effect on a person’s health and their lives. Not only will you need doctors to help you with you medical needs but you will need a personal injury attorney to help you get the funds you are entitled to receive to make you whole.
Damages and Bodily Injuries: Damages, also known a legal damages, for a personal injury claim can be difficult to determine. This is one of the many reasons you need an experienced personal injury attorney to handle your potential lawsuit for legal damages resulting from an auto accident injury or a slip and fall injury.
Whiplash: Whiplash is the most common type of soft tissue injury associated with an auto accident. It’s a unique injury that occurs most often to drivers and passengers involved in rear-end collision automobile collision. The injury occurs when the force from the impact causes the head to snap violently back and forward. You can experience whiplash even if you were not involved in a high-speed auto accident. Even at low speeds, the unexpected impact can cause injury to vertebrae, muscles, and ligaments in the neck. It’s important to note that while whiplash injuries most often result from car accidents, they can occur in any situation where a sudden back and forth “whipping” movement occurs in the neck area, including slips, falls, blows to the head from an assault, and injuries suffered through participation in sports activities. Whiplash may not be immediately detected. If you were involved in an automobile accident, your natural physiological responses and the “heat of the moment” may not allow you to relax and thus realizing that you have neck or back pain. However, over the course of the next few days after the accident, you might experience any or all of the following which is an indication of whiplash: Tightness and stiffness in the neck; Serious neck pain (dull and aching, rather than sharp); Dizziness and problems with balance and equilibrium; Head aches; Back pain; and/or Memory problems or difficulty with concentration.
Slip and Fall: Slip and fall, also known as a trip and fall, is a personal injury claim based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the fall. Property owners generally have two basic defenses. The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that they did not have time to discover the danger and take steps to mitigate the danger. The second defense is that the person who was injured was at fault. For example, the owner may claim that the injured party did not exercise due diligence and should have seen the banana on the floor and taken steps necessary to avoid slipping on it. If you were hurt in a slip fall injury, you should have an attorney to make sure your needs are addressed and that you recover the damages you are entitled to receive.
Damages and Bodily Injuries: Damages, also known a legal damages, for a personal injury claim can be difficult to determine. This is one of the many reasons you need an experienced personal injury attorney to handle your potential lawsuit for legal damages resulting from an auto accident injury or a slip and fall injury.
Types of Slip and Fall Accidents: There are generally three types of slip fall injuries that result in injuries: You lose traction, slip on the walking surface, fall, and suffer injuries; You lose your balance because of an uneven or defective surface, fall and suffer injuries; and, you trip over a foreign object or substance that was left on the ground, fall, and suffer injuries.
Effects of a Slip and Fall Accident: An slip fall injury can have a devastating effect on a person’s health and their lives. Not only will you need doctors to help you with you medical needs but you will need an attorney to help you get the funds you are entitled to receive to make you whole.
Damages and Bodily Injuries: Damages, also known a legal damages, for a personal injury claim can be difficult to determine. This is one of the many reasons you need an experienced personal injury attorney to handle your potential lawsuit for legal damages resulting from an auto accident injury or a slip and fall injury.
Civil Litigation: Civil litigation are court actions that involve two or more parties who are embroiled in a legal dispute seeking money or another specific performance, rather than criminal sanctions. The attorney who handles civil litigation is known as a “litigator” or a “trial lawyer.” The attorney represents clients across a broad spectrum of associated proceedings, including pretrial hearings and depositions, as well as arbitration or mediation before administrative agencies or court personnel. Arbitration and mediation are processes that attempt to guide the parties toward settlement without the time and expense of going to court.
Types of Civil Litigation: Family law matters; Divorce lawsuits; Grandparent visitation; Personal injury claims; Guardianship; Domestic Violence Restraining Orders; Civil Harassment Restraining Orders.