Areas of Practice
The Law Offices of Edward Misleh has several areas of practice. We are located in Sacramento, California and represent clients in Sacramento, California, in Northern California, and throughout the United States providing the services our clients need and deserve when addressing their legal matters.
Issues that affect families, spouses, children and others. This area of practice includes divorce or dissolution; Military divorce; establishing grandparent visitation; guardianships; protective orders, restraining orders and civil harassment orders; and, estate planning, wills, trusts, and probate.
Filing for divorce in Sacramento, California? Dissolution, which is more commonly known as divorce, is an area of practice that addresses termination of the marital relationship. Other issues which may be addressed are: annulment, legal separation, child custody, child support, spousal support (alimony), dividing marital assets, establishing community and separate property interests, and dividing retirement and pension plans.
Service members and veterans who may be filing for or facing divorce in California must consider: Veteran’s benefits, Thrift Savings Plans, other retirements plans, and Tricare medical benefits. Dividing military retired pay pursuant to a Domestic Relations Order with Defense Finance and Accounting Services.
A parent’s relationship with their child can be one of the most challenging issues when spouse file for divorce or parents can no longer cooperate in parenting their children. Child custody must be established which means that the parents or a court may have to consider sole custody, joint custody, physical custody, legal custody, primary parent and potential move-away orders. Additionally, child custody orders or agreements may have to be modified at a later date due to a change in circumstance.
Guardianship is a court procedure which appoints one person, the guardian, to make decisions for an adult or a minor child. An adult guardian is someone who is chosen or appointed to make legal decisions for an adult who is unable to make those decisions on their own. A minor child guardian is an adult the court chooses to be responsible for, and to care for a minor child, to manage the minor child’s property, or both. In California, guardianships must be established and can be later modified and/or terminated.
Child support are the funds provided a parent for the care of a child. Child support can be requested by a parent or by the State of California. Child support by a parent is requested by filing a request which the court that has jurisdiction over the child. Child support is requested by a county in the State of California when a child receives welfare or benefits from a California county. Child support once established, can be modified should there be a change in parenting time or a parent’s income and, eventually terminated.
Spousal support is support provided to one spouse after separation. In other states, spousal support is known as alimony. Spousal support can be in the form of temporary spousal support (during the pendency of a proceeding) or permanent spousal support (after the proceeding has been completed). Spousal support can be modified should there be a change in circumstances and terminated should it no longer be needed.
Community property is any property that was not acquired during a marriage (before marriage or after the date of separation); is not acquired as a gift (from another or a spouse); and is not acquired as an inheritance. Classification of marital assets to determine the community interest includes identifying property held in joint title, acquired before marriage, during marriage, and after the date of separation. Reimbursements, business assets, and marriage debts are other factors which must be considered when dividing marital assets.
Estate planning is an area of practice that involves the plans you make now naming whom you want to receive the things you own after you die. To avoid probate and possibly a lengthy intestacy action to divide your estate, you can create a will and/or a trust. Your California will beomes effective upon your passing to “transfer” property to your beneficiaries. Your California trust is effective upon execution (during your lifetime) which “holds” your property in trust for you to manage and control during your lifetime and a co-trustee after your death.
Domestic Violence & Civil Harassment
Californa adopted and enforces the Violence Against Women Act (“VAWA”) which recognizes that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system. Domestic violence cases are handled by California courts. Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically; however, the one constant component of domestic violence is one partner’s consistent efforts to maintain power and control over the other.
Civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence.
Injures that you suffer from another person’s negligence is the basis of a California personal injury case. Injuries can occur from an auto accident, vehicle mishap, slip and fall, accidental injury, or an injury sustained on someone’s property or at a business. The damages you recover from an individual or insurance carrier for your bodily harm will include pain and suffering, lost wages, and medical costs.
The Law Offices of Edward Misleh, APC represents clients in their legal disputes when seeking money damages or specific performance. Representation can be for a trial, arbitration, mediation, at administrative hearings.
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