FAMILY LAW
A divorce, child custody case or other family law case does not always have to be a traumatic, combative experience. Even when the issues are complex, your future is at stake and emotions are running high, we will work hard to protect your legal rights while avoiding unnecessary conflict and stress. Our goal is to resolve disputes without court intervention.
Divorce
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
Marital Settlement Agreements
A marital settlement agreement is a document that terminates marital property interests and resolves all issues pertaining to the dissolution of marriage, including custody, visitation and support. The document represents the conclusion of the financial affairs of the marital partners. As such, the agreement must be thorough and tailored to meet the personal goals and needs of each client. Certain formalities must be observed and the language of the agreement must reflect not only the decisions made by the parties, but also the circumstances surrounding those decisions. The agreement must facilitate closure between the parties and be prepared with care to withstand any challenges after it is executed. When the parties have children the ongoing interactions must be defined and clarified by the terms of the agreement so that disputes regarding children are minimized. My goal is always to draft an effective agreement that is understandable to the parties and that leaves them both feeling protected and that the dissolution of their marriage is complete.
Child Custody
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on you and your children.
Child Visitation
Visitation establishes a timeshare for each parent with the children so the parents can have an on-going relationship with the children. Under California state law parents have the right to frequent and continuing contact with their children taking into account the best interests of the children. Visitation can be quite complex.
Child Support
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. The Child Support obligation is based upon a ratio of each parent's income and the amount of time the children spend with each parent. The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. If the parties do not reach agreement regarding the amount and length of child support, child support will be determined by state-sanctioned guidelines.
Spousal Support (Alimony)
Spousal support is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Spousal support is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Spousal support differs from child support because it is at the discretion of the judge. There are several factors a judge considers when deciding whether to grant spousal support.
Divorce Mediation
Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants.
Property and Debt Division
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate, pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.
Prenuptial Agreements
A prenuptial, or premarital agreement is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.
Postnuptial Agreements
As with a prenuptial agreement, a postnuptial agreement outlines certain directives regarding property division and spousal support should the marriage end. A properly drafted postnuptial agreement can prevent litigation and strife in the event of a divorce.
Divorce
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
Marital Settlement Agreements
A marital settlement agreement is a document that terminates marital property interests and resolves all issues pertaining to the dissolution of marriage, including custody, visitation and support. The document represents the conclusion of the financial affairs of the marital partners. As such, the agreement must be thorough and tailored to meet the personal goals and needs of each client. Certain formalities must be observed and the language of the agreement must reflect not only the decisions made by the parties, but also the circumstances surrounding those decisions. The agreement must facilitate closure between the parties and be prepared with care to withstand any challenges after it is executed. When the parties have children the ongoing interactions must be defined and clarified by the terms of the agreement so that disputes regarding children are minimized. My goal is always to draft an effective agreement that is understandable to the parties and that leaves them both feeling protected and that the dissolution of their marriage is complete.
Child Custody
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on you and your children.
Child Visitation
Visitation establishes a timeshare for each parent with the children so the parents can have an on-going relationship with the children. Under California state law parents have the right to frequent and continuing contact with their children taking into account the best interests of the children. Visitation can be quite complex.
Child Support
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. The Child Support obligation is based upon a ratio of each parent's income and the amount of time the children spend with each parent. The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. If the parties do not reach agreement regarding the amount and length of child support, child support will be determined by state-sanctioned guidelines.
Spousal Support (Alimony)
Spousal support is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Spousal support is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Spousal support differs from child support because it is at the discretion of the judge. There are several factors a judge considers when deciding whether to grant spousal support.
Divorce Mediation
Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants.
Property and Debt Division
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate, pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.
Prenuptial Agreements
A prenuptial, or premarital agreement is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.
Postnuptial Agreements
As with a prenuptial agreement, a postnuptial agreement outlines certain directives regarding property division and spousal support should the marriage end. A properly drafted postnuptial agreement can prevent litigation and strife in the event of a divorce.
