Sacramento Attorney Blog
Sacramento Attorney Blog includes discussions and information regarding family law matters and issues encountered during civil litigation provided by attorney Edward Misleh.
The most recent post appears first, at the top of the web page, while prior posts appear last.
This Blog is the work of a single individual, Attorney Edward Misleh, and covers Family law and personal injury matters.
The Law Offices of Edward Misleh, APC is a Sacramento Family Law Attorney law firm that is located in Sacramento, California. We have represented clients who live or work in Sacramento, California, Northern California, and throughout the United States. Our lawyer has the experience and knowledge to handle your divorce or family law matter in the most effective and issues involving probate.
California Family law is an area of the law that deals with family matters and domestic relations. The most often issue being the filing of a dissolution of marriage; otherwise known as divorce. Other typical legals matters handled by the Sacramento Family Law Attorney, include child custody, child support, spousal support, division of community property (including retirement accounts), guardianship of a minor or adult, and probate matters.
For more information about family law, click on the following link: Family Law
Prenuptial and Posnuptial Marriage Contracts
In California, couples can enter into prenuptial agreements (prenups) and postnuptial agreements (postnups). You have a “prenup” when you enter into an agreement with your partner before marriage. A “postnup” is an agreement you enter into with your spouse during marriage. Both agreements are contracts that characterize the parties’ assets owned by you and the other person. You will also address distribution of those assets, and/or other specific interests. Both documents require specific language and “disclaimers” to be enforceable.
For more information about prenuptial or postnuptial agreements, click on the following link: California Prenuptial Agreement
Cohabitation & Palimony
Palimony is the support payments you receive following a breakup with your unmarried partner. You request palimony, based on your premarital cohabitation. You make a request for palimony as a general civil action and not as a family law matter. Family law courts have jurisdiction over family law matters. Palimony is based on breach of contract or implied partnership claims, among others.
In California, divorce, also known as dissolution of marriage, is the legal process to terminate a marital relationship. The divorce process begins when either you or your spouse decides to terminate the marital union and the legal duties and responsibilities of marriage by filing a petition for dissolution. There are many issues that you may encounter by filing as a petitioner or as respondent – some clients may want to initiated a divorce proceeding while other may find it advantageous to respond immediately to a divorce petition.
For more information about divorce, click on the following link: California Divorce
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.
For more information about divorce, click on the following link: Sacramento Divorce Attorney
In California, there is generally no difference between a “Military Divorce” and a California civilian divorce. However, there are some exceptions and requirements which will need to be addressed when a service member files for divorce or receives a petition for divorce. Contact Sacramento Family Law Attorney about your Military divorce.
For more information about military divorce, click on the following link: Military Divorce
In California, child custody is defined as the legal relationship that parents have with their child. This legal relationship can be established by a court during a divorce proceeding or agreed to by the parents. Contact Sacramento Family Law Attorney to discuss the types of child custody you may encounter.
For more information about child custody, click on the following link: California Child Custody
The parents’ right to make decisions regarding the child’s care and development. Parents can reach an agreement regarding custody without court intervention. The agreement reach is entered as a court order. Otherwise, parents will attend mediation and receive recommendations about custody and parenting time.
For more information about legal custody, click on the following link: California Child Custody
The time each 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.
For more information about physical custody, click on the following link: California Child Custody
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.”
For more information about joint custody, click on the following link: California Child Custody
Sole Physical Custody
When you are awarded sole physical custody, you have the exclusive right to physically care for your 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.
For more information about sole custody, click on the following link: California Child Custody
Sole Legal 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. Having sole legal custody means that you have the right to make all other decisions over the child’s life, without the other parent’s approval.
For more information about sole custody, click on the following link: California Child Custody
Child Custody Modification
You make a request to modify child custody (the parenting plan) once you have a custody and visitation order from the court. The parenting plan you now have may no longer be tenable because, as children get older and their needs, interests, and activities change. You can file a request to modify your present custody order when you move to advances your career or remarry. 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.
For more information about legal custody, click on the following link: Child Custody Modification
Child support is your ongoing and periodic payment made for the financial benefit of your child following a divorce. You, the other parent, or the State of California can request payments of child support. The amount of child support you receive is determined by your parenting time and the incomes you and the other parent receive. You cannot “waive” child support which is for your child to prevent children from needing welfare. You and the other parent are each equally responsible for providing for your child’s financial needs. Payments of child support 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
Requesting Child Support
Either parent can submit a request for support. 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.
Modifying Child Support
You make a request to modify child support when there is a change in parenting time or the income of either parent. Remember, should you have a change in income and not request a modification of child support you will be charged with arrears for missed payments which may not be credited.
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 receive spousal support so that you can maintain the marital standard of living.
For more information about spousal support, click on the following link: Spousal Support
Temporary Spousal Support
Temporary spousal support is ordered by a court during your divorce proceeding. A court is allowed to 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
You receive permanent spousal support once your divorce is finalized. In determining permanent spousal support, a court will address a number of issues which are known as the “4320 factors.” Permanent spousal support can be modified.
For more information about permanent spousal support, click on the following link: Permanent Spousal Support
Spousal Support Duration
The amount of time that you will receive spousal support is left to the discretion of the court 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 about temporary spousal support, click on the following link: Spousal 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.
For more information about modifying spousal support, click on the following link: Modifying Support Payments
Terminating Spousal Support
You can terminate the spousal support your spouse receives. This often occurs upon the death of one spouse, remarriage, or by a court order. You receive spousal support for a reasonable amount of time to help you become self-supporting. California law does not require lifetime support and spousal support can be terminated at any time.
The property you acquire during marriage is your marital assets. You divide your marital assets with your spouse once it has been characterized.
The property you acquire during marriage is community property. Remember, community property includes all community assets and all community debts.
You can acquire separate property in a number of ways. The property you received before the marriage, by gift, inherited, or after separation is your separate property.
Dividing Marital Property
During your divorce, you can agree on a division of the community assets and debts. You and your spouse can have the court order an equitable division if you are not be able to agree. 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.
You must be in a close relationship with your abuser to assert an action for domestic violence. 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.
For more information about domestic violence, click on the following link: Domestic Violence
Domestic Violence Restraining 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. You suffer abuse if someone intentionally or recklessly caused or attempted to cause you bodily injury or sexual assault; places you in reasonable apprehension of imminent serious bodily injury; or, engages in any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property, or disturbing your peace of mind.
For more information about domestic violence restraining orders, click on the following link: Domestic Violence Restraining Orders
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.
For more information about domestic violence, click on the following link: Domestic Violence Laws
Civil Harassment Restraining Orders
If you do not qualify for a domestic violence restraining order, you can file for a civil harassment restraining order. You seek a civil harassment restraining order to protect you from neighbors, roommates, coworkers, or more distant family members.
For more information about civil harassment, click on the following link: Protective Orders
Individuals often hire family law attorneys to apply for guardianship. As a guardian, you have a legal relationship between you and another individual. The care you provide can be for the individual’s well-being or their property. Once done, you will have the authority, and corresponding duty, to care for that person and/or their property interests.
For more information about guardianship, click on the following link: Guardianship
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 simultaneously terminates the parental rights of the child’s parents. An adopted child can inherits from you just as any child would.
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 should consider undertaking estate planning to maximize the value of your estate by reducing taxes and other expenses. Your estate planning should include: planning for your possible incapacity; consideration to reduce or eliminate uncertainties; and, the administration of 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.
You file to probate an estate to “prove” to the court a will is the true last testament of the deceased. The granting of probate is the first step in the legal process for you to be able to administer the deceased’s estate. During your administration, you will resolve all claims against the estate and distribute the deceased person’s property as dictated in their will. The granting of probate to establish you as an executor occurs when the probate court decides the legal validity of a testator’s (deceased person’s) will. As the executor (or personal representative) you will have the legal power to dispose of the testator’s assets in the manner specified in the testator’s will.