Legal matters that involve families can be some of the most difficult to navigate. Emotions are often running high during these cases and the stress that comes with a legal battle can make the process exceedingly more difficult. Many cases in family court can also take a significant amount of time, attention, and resources which often feel overwhelming. An experienced family lawyer at All American Law can help you and your loved ones navigate your family law case and help to ensure you achieve your desired outcome
Family law is an umbrella term for any legal proceedings that have to do with familial relationships. This practice area is vast and not always the same from state to state. In many cases, states are allowed to pass their own statutes governing family law, which means the regulations can change on a fairly regular basis. It is important that anyone requiring the services of a family law attorney seeks out someone who is experienced, well educated, and specializes in the specific practice area they need.
Family law covers a wide variety of topics and legal categories. Some family law attorneys will specialize in a specific aspect of family law, such as divorce, but others will practice more general family law. There are many different legal cases that would be considered family law.
These cases are often difficult and emotional, even under the most ideal circumstances. The dissolution of a marriage is emotionally, mentally, and financially taxing, even if both partners are committed to an easy process. Even with a non-contested divorce, where both parties agree to the ending of the legal marriage relationship, there are many other factors that must be considered. All assets must be divided equitably between the partners.
If there is a prenuptial agreement in place, this process may be easier, but it is still time consuming and can be very emotional. With more than 30 years of combined experience, the Upland divorce attorneys at All American Law can help you navigate the ins and outs of the divorce process and make it as easy as possible.
One thing that often comes along with divorce proceedings is negotiating child support and custody agreements. Much like divorce cases, these can either be very simple and amicable, or they can be arduous and take a long time to finalize. Determining how much money is required in child support to maintain the lifestyle the kids are familiar with can be stressful and cause tension.
Establishing which parent will be the primary caregiver or how the time between each parent will be split equally typically takes a great deal of care and discussion. These cases can drag on, particularly if the parents do not get along. One thing that must always be kept at the center of any child support or child custody case is the best interests of the children. As long as both parents are working to be sure their children’s needs are met, then a resolution is possible.
These are often some of the most difficult cases that are considered family law because of their emotional and traumatizing nature. Victims of domestic violence are incredibly strong and need as much support and encouragement as possible when they choose to pursue legal action against their abuser.
In other cases, an individual is falsely accused of domestic violence in an attempt to tarnish their reputation or keep them from being able to see their children. These individuals also need robust legal representation to clear their name and receive the recourse they deserve.
Once a child support and child custody case has been settled, it can be very difficult to amend the agreement in any way. In many cases, the parents will be required to go through another negotiation process and appear in court again to make sure any changes to the established plan are functional and are in the best interest of the child. This is necessary for some parents, however, particularly if one parent has to relocate.
If a parent needs to move once their child support and custody agreement has been established, there are several key things that must be provided to the courts for a new arrangement to be put in place. The relocating parent must be able to provide information such as the distance they are moving, why they are relocating, whether they will have support in their new community, and how the child feels about the move. Once all of the necessary information has been shared, a judge will decide if a move is in the best interest of the children and how, if at all, a support and custody agreement will need to be changed.
There may still be legal hoops to jump through for couples who are divorcing and do not have children. Spousal support, which is also referred to as alimony, is a monthly payment from one spouse to another following a divorce. There are stipulations put in place to determine which spouse is responsible for paying support and how that support will be calculated. The goal of spousal support is to ensure both parties can maintain the standard of living that they were accustomed to while they were married. If one spouse makes significantly more than the other, then they will likely be the one responsible for paying spousal support.
The base formula for calculating spousal support in California is to estimate 40% of the higher-earning spouse’s monthly income. Then half of the lower-earning spouse’s monthly income is subtracted from that amount. Once those calculations are completed, the amount of spousal support that must be paid per month is set.
This area of family law is particularly important for unmarried parents because the paternity or parentage of a child must be established before a parent other than the mother is allowed to exercise their rights to a child. Unmarried fathers have very few rights to a child before paternity is officially established, so they could potentially be kept from their child. One way to establish paternity or parentage is to fill out and file a Voluntary Declaration of Paternity. This is a legal document signed by both parents agreeing that they are the legal parents of the child in question.
This agreement is legally binding and has the same power as a court-ordered paternity suit, but it does not require either party to appear in court. The other way to establish paternity in California is through a court order. This often includes paternity testing and several court appearances before a final verdict is given. Once the final decision is made, the father will have full rights to visitation and custody.
Regardless of what type of family law case you or a loved one is facing, working with an experienced Upland family law attorney is often the best course of action.
Navigating the legal system is no easy feat, particularly if you have never done it before. The paperwork, court appearances, motions, appeals, and other details that go into a successful case require an intense amount of time and attention. While it is possible to complete a family law case without the assistance of an Upland family law attorney, it is not recommended.
Working with an experienced family lawyer can provide confidence and peace of mind as your case unfolds. There are several key reasons that hiring a family law attorney is the best choice:
Whether you are facing a domestic violence case or going through a divorce, you should never have to face it alone. The expert team at All American Law can guide you through any family law case and fight to make sure all decisions and outcomes are in the best interests of you and your family.
It can be difficult to determine where family attorneys receive the most pay. In most cases, attorneys can set their own fees for clients. The fees are determined by several factors and can get more expensive over the years. Education, specialized practice areas, the difficulty of cases, and services offered can all contribute to attorney fees. Some family lawyers choose to do pro bono work for clients who cannot afford their services, so their overall pay will be lower. On average, a family lawyer may make between $70,000-$112,000 a year.
Family lawyers can be responsible for a wide range of services. Divorce proceedings, custody agreements, domestic violence cases, and other areas all fall under the umbrella of family law. In some cases, family law attorneys will specialize in a particular practice area of family law, such as paternity law, but that is not required for a successful practice. Within each practice area, a family lawyer will be responsible for meeting with clients, planning how to approach each case, negotiating with other attorneys, and fighting for their clients in court when necessary.
There is no requirement in California that an attorney must assist you if you are involved in family court. Many of the systems within family court were designed in a way that allowed anyone to complete the necessary processes without legal assistance. It is typically in a family’s best interest, however, to work with an experienced family law attorney. They are familiar with the inner workings of the court system, so they can provide resources and guidance to ensure the process is handled properly.
Family lawyers must have many important skills to do their jobs effectively. They must have strong communication skills so that they can explain various legal processes to their clients. Their reading comprehension and analysis skills must be well-developed so that they can understand each case they work on and create a plan for how to approach it. Finally, conflict resolution is an important skill for family lawyers because they must be able to help clients work through difficult emotions and interactions.
Family law is often very stressful and emotionally charged, regardless of the specific practice area that is involved. Cases involving families can be difficult, particularly due to the sensitive nature of some, so it is important that you have an experienced Upland family lawyer on your side. If you are facing a difficult legal battle that falls under the umbrella of family law, contact the team at All American Law today to help guide you through it.