Your family is likely very important to you, so if they have to be involved with the legal system for any reason, it can be stressful. When your marriage ends in Fontana, CA, you will likely want to keep your children away from any animosity during the divorce so you do not damage their relationship with your spouse. A couple who has waited years to be parents, when they finally get the opportunity to adopt, will want to ensure that every step of the process goes as smoothly as possible so they can build their family.
All these things and more are addressed under family law and can be stressful and emotional. Every legal process is different, but many of them will require:
When you are not familiar with the legal system, keeping track of all these requirements can feel impossible. Therefore, it is in your interest to work with an experienced family law attorney from All American Law to achieve the most beneficial outcome in your case.
Any court case that involves family relationships, like a marriage or the relationship between parent and child, will be considered a family law case. This is an expansive area of practice, with no two cases that are the same. Some of the most common cases that the family law team at All American Law works include:
Every family law case is unique because each family has unique challenges. It is important to work with a legal team that understands your needs and can fight to ensure the greatest possible results for you. Whether you need a restraining order against an abusive spouse or want to legally document the father of your child before creating a child support order, All American Law can help you pursue your family law case.
If the other parent of your children is determined to make your life difficult because you ended a romantic relationship, then establishing agreements around custody, parenting time, and child support can be challenging. Your former partner may delay or refuse to attend mediation in an attempt to make you pay an exorbitant amount in legal fees, or they may argue that they deserve the majority of parenting time simply to keep your child from you. This can be challenging for any parent, but it is essential that you keep the interests of your child in mind while creating any custody or child support agreements.
After a divorce or separation, it is critical to establish which parent is responsible for child support and how much time your child will spend with each parent. When you are working with your former partner, the most important thing is to ensure that your child is well-cared for and that their interests are central. The ideal way to accomplish this is to create a parenting plan. This allows you to create legally binding agreements with a court order, such as an even 50/50 custody split or one parent only seeing the child every other weekend.
Until there is a court order that establishes what your custody agreement is, each parent will have legal rights, which means that they can make any major decisions regarding their child. If you are concerned that the other parent will not make safe or healthy decisions for your child, either because of a history of domestic violence or their desire to keep you away from your child, you should work to get a parenting plan and court orders put in place.
When you make the choice to end your marriage, it will present unique challenges and could bring up difficult emotions, ranging from anger and hostility to significant grief. Even when it is the right decision after your spouse was unfaithful or you experienced violence, you are still ending a relationship that was a major part of your life for a period of time. In many cases, divorce is the most effective option available to end your marriage.
In California, all assets from a divorcing couple will be split evenly, 50/50, because it is a community property state. If you and your spouse have a prenuptial agreement in place, outlining how you will divide assets and how much spousal support is required, then the divorce process can be fairly simple. When there is no prior agreement in place, however, it can be a challenging process.
One spouse will file a Petition for Dissolution of Marriage, explaining why the marriage is ending and providing their requests for custody and spousal support. They will then send a summons to inform the other spouse of the divorce. Both parties will share their financial information, which is extensive and requires an itemized list of jewelry, homes, business assets, furniture, and any other assets collected during the marriage.
When all the information has been shared, the former spouses will attempt to reach an agreement on major issues like establishing a parenting plan or selling homes and other valuables to divide the estate evenly if necessary. Mediation may be necessary to reach these agreements. This process allows both spouses to meet with a neutral third party because they cannot agree on these matters on their own. Finally, when everything is done and all the decisions are made, a judge will assess the case and grant the divorce.
Divorce and child custody agreements are a significant part of a family law practice, but it can also include many other cases. You and your spouse may consider divorce if you discover that your goals and plans for the future are vastly different. A family law attorney from All American Law can help you legally separate first, which gives you a chance to address your differences and see if you can repair the marriage, before you decide if divorce is the right course of action. If you adopt a child with your spouse, they will have to legally change their name, which is a process that a family lawyer can help you navigate smoothly. Whatever your family law needs are, our team is ready to help.
The cost of working with an experienced family law attorney in California will depend on how difficult your case is. This will determine how much time your lawyer has to spend on your case and what court fees you will have to pay. If one parent loses their job and can no longer afford to pay child support, you can keep your costs lower by agreeing on a new amount before you appear in front of the judge. The average cost per hour of a family lawyer in California is $300-$400, so any case will likely cost several thousand dollars.
It may not be in your interest to move forward without a lawyer because you will not fully understand what is required during a family law case. However, California does not require you to work with a family law attorney. If you file for a child custody order and list an incorrect amount of visitation time without noticing, you could potentially lose time with your children. An experienced family lawyer can help avoid that.
When parents are unable to continue a romantic relationship, they will have to create an agreement that determines things like which parent the child will live with primarily and how much it will cost to maintain the child’s lifestyle. This agreement will have to be approved by a judge, who could also take the child’s opinion into account. For example, if a child fights with their father over clothing choices or other silly things, they may not want to spend as much time with him. A judge will consider a request like that made by a child.
If your spouse, parent, or other loved one hits or belittles you, then you have likely been a victim of domestic violence. Choosing to leave that abusive situation is incredibly brave, but you need skilled legal guidance. The fact that domestic violence happens between spouses, parents, and people close to you qualifies it as a family law case. An experienced family law attorney can work with you to put a restraining order in place and get the support you need to leave.
Family law is a vast area of practice that includes cases such as:
If you are facing a family law case of any kind, it is imperative that you have effective and accomplished legal representation. The team at All American Law is ready to guide your case, whether you are seeking a new child support order or trying to figure out how much spousal support you owe a former spouse. Contact our office to get started.