Conflicts involving families are never easy to deal with, and they usually cause feelings of anxiety. This is especially true when conflicts among families spill into legal disputes that must be resolved. The fact that family disagreements involving legal issues cause such tension often leads people to put off addressing these family legal issues, but doing so may risk the family quarrel not being resolved in a desirable manner for one or both parties. In order for you to get through a family ordeal and make sure your rights are respected throughout the legal process, it is imperative that you employ the assistance of a competent and compassionate family law attorney who has experience dealing with family law issues in your community. This lawyer can ensure you are not exploited through the legal process and reduce your feelings of stress by handling the most intricate and hard to understand parts of your family law case.
Call 619-610-7425 to get in contact with a Poway attorney who holds expertise dealing with family law issues in your area. Our lawyers understand exactly how to navigate you through the family law institutions in San Diego County, and possess a strong record of achieving positive results for their clients. Our family law attorneys will work with you to identify a solution that works for you and your family, handle all the paperwork and convoluted legal proceedings, and make sure this family law dispute doesn’t take over your life.
While it is strongly suggested you hire a family law lawyer to handle your case, it is also advised that you take a little time to understand the family law issues you are facing. Here is some information on the most encountered family law issues:
Standard Divorce and Similar Options
When one or both of the people in a marriage together decide they want to end the marriage, the most common method of doing so is through standard divorce. This divorce can either be agreed, meaning the two people getting divorced both agree they want to get divorced and agree on child custody, property breakup, and other key divorce issues, or a divorce can be nonagreed. In a nonagreed divorce, the two people getting divorced can settle their differences through nonbinding mediation, where a licensed mediator tries to help the splitting couple and their attorneys come to a divorce agreement, binding arbitration, where the two people getting divorced pick an arbitrator (usually a retired judge with family law expertise) who makes a final decision, or in a trial setting, where the final verdict regarding the settlement of the divorce is made by a superior court judge.
Another option that has grown in popularity is what is termed collaborative divorce. Through the collaborative divorce procedure, the two splitting spouses hire attorneys to help them cooperatively negotiate the particulars of the divorce. After the negotiations are completed, the attorneys from each side work together to draw up a nonbinding divorce agreement, which is subsequently reviewed by the splitting spouses to see if they find it agreeable. Collaborative divorces are much cheaper than the options listed above, and take less time to complete. If you and your spouse are separating, and you think collaborative divorce might be a viable option, our Poway attorneys have considerable experience handling collaborative divorces, and would be glad to represent you in the process.
Another option for people separating from their spouses is what is termed legal separation. Legal separation allows people to separate from one another and determine issues such as child custody, property breakup, and others, without pursuing an actual divorce. People who’re legally separated are still technically married, and cannot remarry without getting fully divorced. Legal separation is an appealing option for people who don’t want to get divorced for religious reasons, or just feel they are not ready for a full divorce.
An issue that must be dealt with in every divorce and every alternative to divorce is the determination of which divorcing spouse will receive what property after the divorce is completed. Since California is a state that operates under a communal property statute, property/assets amassed by the duo during the union belong equally to both of them. It does not matter which person actually went out and bought the property in question, or whose income was used to acquire it. As long as the property/assets came into possession of the duo while the two were still together, then it counts as communal property. This property must be given equally to each of the people getting divorced, meaning the sum of the monetary value of the property/assets doled out to each of them must be equivalent. Separate property/assets, which are defined as the property/assets that were acquired individually by each person before the marriage or after the two people separated, belong solely to that person. The date of separation can often be a contentious issue, as it can be difficult to apprehend the exact date when the two people actually separated from one another.
This issue can be settled mostly out of court, if the two people getting divorced and their attorneys come to an accord, and that agreement is approved by the court system. If a mutual agreement can’t be reached, then as indicated in the previous section, the issue can be settled in mediation meetings, arbitration, or trial in superior court. The employment of a Poway family law attorney can help you navigate any of these processes, and this attorney can make certain you go home with a favorable property settlement.
If two people getting divorced have children together, whether they be biological children or adopted children, the issues of child custody and child visitation will have to be determined. The process for determining child custody and child visitation is identical to the process for determining the breakup of property/assets. The issue can be handled out of court by the duo and their attorneys, or through mediation, arbitration, or via a full trial. A Poway attorney, who can be reached through 619-610-7425, can represent you in your child custody negotiation and make sure your rights as a parent are fully respected.
There are 2 categories of child custody that must be determined by splitting spouses. One is legal child custody, which denotes power over decisions concerning healthcare options, choice in educational institution, religious institution, and other central decisions for a child. Legal child custody may be primary, meaning one parent makes all the decisions, or joint, meaning the child’s parents are obligated to make the decisions in union. Physical child custody denotes with which parent the child will actually live. As with legal child custody, physical child custody may be joint, where the child lives with both parents, or primary, where the child lives with just one of the parents.
In cases involving primary physical child custody, the other parent may be able to see his/her child through a right to child visitation. A few different forms of child visitation exist in California. Scheduled visitation is when the parent spends time with his/her child according to a set schedule agreed upon by the two parents or determined by the court. Reasonable visitation is when the two parents regularly make a mutual decision regarding when visitation will be allowed, if a set schedule doesn’t work. Visitation also may be required to be supervised, by the other parent, another family member, or a child visitation professional.
It should be noted that child visitation is not an unconditional right, it is a privilege that can be taken away depending on the behavior of the parent without primary custody. If the parent has a criminal history that involves violent crime or child abuse, then the judge is bestowed with the legal authority to prevent child visitation. Even if the parent doesn’t have a criminal history of violence, the judge may deny visitation rights if evidence can be provided demonstrating that the parent is dangerous to the child’s physical and/or mental health. A judge is not allowed to deny visitation rights simply because that parent has a disability, or adheres to certain religious beliefs.
An issue that goes hand in hand with the topic of child custody and visitation is what is commonly referred to as child support, which is a payment made monthly by the parent not housing the child to the child-rearing parent. Child support is required when one parent maintains primary physical child custody, and as a consequence is taking on the financial burden of supporting the child. Child support is a requirement of California law, and can only be waived if both parents agree that child support is not necessary or desirable.
The number of dollars owed in child support is computed via a complex formula that takes in a number of different components. The computer program employed to make this computation is usually either Dissomaster or X-Spouse. The primary factors taken into account are the amount of money each spouse earns each month, the difference between the disposable incomes of each parent, the total number of kids being support by the child-rearing parent, and the number of hours per month each parent spends with the child. The support is aimed to ensure the child grows up in an environment where the minimum standard of living in the state of California is met. There are also certain add-ons associated with child support, which usually are intended to cover childcare costs if the child-rearing parent is employed, as well as costs associated with purchasing healthcare insurance.
Probate guardianship is defined as when a court orders that an adult who is not the child’s parent is legally permitted to maintain custody over the child and/or have control over the child’s estate. Probate guardianship is requested when an adult has been housing a child and caring for that child as a parent, in order so that the adult can make decisions on the child’s behalf on important issues such as healthcare and school enrollment. Many people are under the false impression that guardianship is the same thing as adoption, but there are key differences between the two topics. In a situation involving guardianship, the parents of the child maintain their parental rights, and are able to request contact with their child through the child’s guardian. Guardianship can also be terminated by the court if it is decided that the parents are once again able to take care of the child. Conversely with adoption, the original rights of the parents are permanently terminated. The court cannot end adoption under any circumstances, as through adoption the adoptive parents are granted full and immutable parental rights.
There exist 2 varieties of probate guardianship: guardianship of the person and guardianship of the estate. Guardianship of the person grants the guardian primary physical and primary legal custody of the child, meaning the guardian both provides the child with a home and makes significant choices for the child. Guardianship of the person also means the guardian is responsible for providing the child with clothing, medical care, and enrolling the child in school. Guardianship of the estate grants the guardian control over the child’s property and financial assets. Guardianship of the estate is only granted to the guardian when the child has a considerable amount of money and/or property, which usually only occurs when the child has inherited wealth, although it can also apply to child celebrities who maintain high levels of income.
Get in Contact with a Poway Family Law Specialist Near Me
To resolve your family legal dilemma in a way that ensures you get the best result possible and guarantees you are not cheated in any manner, the best thing you can do is reach out to a top-tier attorney in your community. Call us to get in contact with a Poway lawyer with San Diego Family Law Attorney, who has years of experience resolving family law issues for clients in the local area. Don’t mishandle your family legal issue and regret the choices you made for years to come, instead call 619-610-7425 today.