Areas of Practice

Family Law

Mediation

Negotiated agreements or mediated settlements can be much more flexible than a decision rendered by a judge. These arrangements also alleviate the notion that one side has won the case and imposed the terms on the other. Settlements reached through divorce mediation can be approved in much less time, may encourage future disputes to be resolved without litigation, and can also have the advantage of privacy.

Dissolution of Marriage (Divorce)

The term divorce refers to the dissolution or the legal end of a marriage. California was the first state to implement the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds there to be "Irreconcilable differences" that have caused an irrevocable breakdown of the marriage. In effect, this means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.

Legal Separation

Legal Separation does not end a marriage or domestic partnership. You can't marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues.

Annulment

An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is not legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because:

of force, fraud, or physical or mental incapacity;
one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
one of the spouses or partners was already married or in a registered domestic partnership.

Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.

Spousal Support

Spousal Support are court-ordered payments that one spouse may be required to pay to another upon divorce in order to support the spouse with inferior earning power while they obtain a job, further their education or are bringing in an income not sufficient to maintain a semblance of their previous lifestyle.

Property Division

Our forensic accounting experience enhances our firm's representation in cases involving the division of complex assets and debts under California community property law.

Paternity

Paternity is the legal acknowledgment of a parental relationship between a father and his child. A child born to a wife during a marriage is legally presumed to be the husband's child, but this presumption can be rebutted with evidence to the contrary. A determination of paternity for putative fathers can be established through a voluntary acknowledgment of paternity, a court petition, or estoppel over time. Scientific evidence, such as blood and DNA tests, is used to establish or deny parentage of a child in paternity suits. Once paternity is established, a child is entitled to the legal rights of a child born within a marriage, including support from both parents, medical and life insurance coverage, and inheritance protection.

Child Custody

Child custody refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues, and discipline, as well as where the child will live, or physical custody. With "sole custody", you alone have legal and physical custody of your child. In a "joint custody" arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the "best interests of your child."

Child Support

Child support payment is a court-ordered amount that the non-custodial parent must pay to the custodial parent to cover a proportionate amount of the child's expenses, including housing and utilities, food, clothing, education expenses, and other costs. Both parents have an obligation to support their children, both before and after a divorce. State laws differ greatly as to how courts calculate child support payment, and child support orders may be modified only by another court order.

Visitation

Visitation is the legal term for the right of a non-custodial parent to visit with their children. Typically, the non-custodial spouse has legal visitation rights to child visitation or parenting time unless the family court finds that visitation is not in the best interest of the child. States vary in their approach to visitation and child visitation rights; although, it generally consists of alternating weekends and some holidays. The amount of time and visitation schedule is stated in the final divorce agreement and may be modified by further court order.

Prenuptial and Postnuptial Agreements

Prenuptial agreements and postnuptial agreements enable couples to set the terms for their own marriages. If you are concerned about protecting your assets or your children's inheritances, a prenuptial agreement can be extremely helpful.

Guardianship

A "guardian" is chosen or appointed to make legal decisions for a person who is unable to make those decisions on their own (usually a child or someone who has become incapacitated through age or disability).

Domestic Violence / Restraining Order

When a spouse or other family member makes threats or inflicts physical harm on his or her partner, the California Family Code provides civil protections and backs up those protections with both civil and criminal consequences.

Domestic Partnership Act

A California domestic partnership is a legal relationship available to same-sex couples. It affords the couple most but not all of "the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law..." as married spouse.