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.

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.

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.

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.

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.

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.

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.

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.

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.

Estate Planning

An area of family law that addresses the disposition of a person’s estate.  The process of anticipating and arranging for the management and disposal of a person’s estate is undertaken during the person’s life to ensure their requests are enforced after death.

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