Divorce

&

Legal Separation

When children are involved, the resulting issues are even more complex. Our law firm routinely handles child custody cases and child support cases. Through our experience, we can help you achieve the best custody arrangements for your family and obtain a fair child support order.

Child custody is dual faceted in that it encompasses both the physical and legal custody of the child. Physical custody is where the child resides. Legal custody involves the decision-making for the parents, including the child’s education, religious practices, medical treatments and extracurricular activities. All of these aspects must be considered during child custody proceedings and our team has the experience to effectively present your case.

Child support is determined by a complex mathematical formula. While the calculation may be done using a computer program, determining the individual entries that go into the formula requires legal knowledge and experience. Our team will identify the information specific to your case and present that information in a competent manner.

Paternity cases are necessary to determine parental rights, child custody, and child support when the parents of the child are not married to each other. Paternity cases are also necessary when the identity of the biological father is in question. When necessary, the court has the power to order genetic testing. Even if the biological father does not wish to play an active role in the child’s upbringing, he still has the obligation to provide financial support to the minor.

Paternity cases may be brought by the mother, the presumed father (which in many instances is the husband of the child’s mother), the man alleged to be the father, a government agency or the child (if he or she is underage, a representative must act on his or her behalf). Our firm is experienced in handling all types of paternity cases, and can assist in filing a paternity case or defending against one.

The one thing that exists in all family law cases is change. The orders issued when your child was young may no longer suit your family’s needs when they are teenagers. A party’s income may have increased or decreased since the support orders were issued.

We also understand the impact these changes have on the parties’ children. But, sometimes significant circumstances require a change in the current orders. For instance:

• One of the parents plans to remarry or move a significant distance;

• One of the parents has a job change which significantly impacts his or her income;

• The needs of the child change due to illness, injury, or permanent disability of a guardian;

• One parent fails to comply with custody/visitation orders, is absent, or intentionally alienates the relationship of the other parent;

• Criminal or abusive behavior, including issuance of a restraining order against a parent for domestic violence.

Whether your case has not yet reached trial or your judgment was entered years ago, modifying a court order is the way to address these changes. Our firm possesses the knowledge and experience to bring and defend against these matters.

In any divorce or legal separation, dividing property accumulated over the life of the marriage can be tedious and complex. California is a “community property state” which, at its core, means that assets and debts acquired during the marriage (with a few exceptions) are considered community property and each party is entitled to half. What may be community property includes:

• Income and wages of either spouse during the marriage

• Bank accounts and cash

• Pensions, retirement accounts and employee benefits

• Real estate

• Mortgages

• Automobiles and motorcycles

• Furniture, art, and other valuable assets

• Debts

The same complexity may apply to assets and debts which predate the marriage and are considered separate property. Separate property is not divisible between the parties and belongs to the party who acquired it.

Often, however, the division of property is not as simple as dividing everything in half. Our firm is experienced in identifying and classifying assets and debts properly. We provide cost-effective legal guidance and negotiate in good faith. When negotiation fails, we are prepared to litigate these matters to ensure that each party is granted an equitable division of the marital estate.