If you are undergoing divorce or considering legal separation, there are many aspects
to consider, including the division of marital assets and debts; child custody; spousal and child support; reimbursement claims; and attorney's fees.
Whether you and your spouse are in agreement about how to resolve the issues in your case, whether you are seeking general advice as to how California law would apply to your marriage, or whether you are in need of preparing for or defending against immediate court action, it is important that you understand your rights and how the law would apply to your individual case.
Contact us at (805) 962-9224 to set up a free consultation.
Undergoing changes to your family structure is one of the most stressful times in a person's life. This is the time to seek out experienced representation and professional guidance.
Our attorneys have handled divorce and legal separation cases for years. While California is a no-fault and community property state, there are many factors that should be considered when arriving at a fair property settlement, including separate property claims, reimbursement claims for payments that have been made after separation or toward the other spouse's separate property estate, and the fair division and allocation of marital assets and debts. If you are considering divorce or have been served with a divorce petition, our attorneys will guide you as what to expect and how to best prepare yourself for the journey ahead.
We understand that there is nothing more important to your family structure than your children. We have handled hundreds of child custody cases over many years and will be able to guide you through this most critical process. In California, the default preference for custodial orders is that the children should have frequent, significant and ongoing contact with both parents. There is nothing in our laws that requires a "50/50" schedule. For most families, the parents are able to arrive at a mutually agreeable schedule that considers the needs of the children and the abilities of the parents to meet those needs. In other families, there are safety or other concerns which make a joint custody arrangement untenable for the children. Contact us to learn more about how California law will apply to your family dynamic and how we can help you navigate the process.
In California, both parents owe a duty of support to their minor children. Child support is calculated by considering important factors, such as parental earnings, time with the children, health care premiums, child care expenses, and certain other specific financial factors that are relevant to the calculation of child support. Child support orders are always subject to change or modification if there has been a change in financial circumstances since the last orders were issued. Contact us to learn about what support orders are appropriate for your family situation, regardless of whether they are the first orders being made or if there has been a change in finances which justifies a modification to existing child support orders.
In any divorce case the payment of spousal support may be an issue. Whether and to what extent support is owed depends on the individual facts of your case, including the respective incomes of each spouse, the amount of time spent with minor children, and other financial factors that will be placed into the support calculation software program. Spousal support is a complicated area, and there are key differences between the setting of temporary or pendente lite support and a permanent support award which takes into consideration many more detailed factors specific to your individual marriage. Spousal support is a complex issue with multiple layers. Contact us to learn more about what a spousal support award may look like in your case.
California law is very clear that both spouses should have equal access to legal counsel. In situations where there is a disparity of resources, an attorney fee award may be appropriate in order to ensure that both spouses have a level playing field in the courtroom. Contact us to discuss the potential for a need-based attorney fee award being made in your case.
Call (805) 962-9224 for your free consultation.
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