CHILD CUSTODY
When families are separating, they need to work together to establish custody and parenting plans. Even in highly contentious cases, the court usually requires that parents first try to use mediation to deal with their custody disputes and try to reach an amicable resolution without litigation.
Mediation can benefit you and your children by providing an organized, controlled setting within which you and your co-parent can communicate. Here are some of the goals of mediation:
- Create a tailored parenting plan;
- Manage and resolve communication issues;
- Learn how to separate your emotions towards your spouse from your children;
- Understand the keys to successful long term co-parenting;
- Ensure you both feel comfortable with the amount of time scheduled with your children; and
- Practice and develop a personalized plan for your unique family dynamic.
When you’re going through a divorce and children are involved, it’s very important to understand the nuances of custodial rights in California. You’ll need to understand the differences between legal and physical custody, as well as the differences between sole legal custody, joint legal custody, sole physical custody, and joint physical custody.
The focus in custody determinations is the best interest of the child or children. When making this determination, the court will consider specific factors before making an order for physical or legal custody. These factors include:
- The health, safety, and welfare of the child;
- Any history of abuse;
- The nature and amount of contact with both parents; and
- The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.
To discuss your specific situation and custody, Click here or call us today at (310) 279-6102 to schedule your Free Consultation
In California, both parents of a minor child are responsible in financially supporting their child. Child support is the ongoing monetary expenditures and payments needed to cover a child’s living and medical expenses. So how is child support determined in California? The law provides guidelines based on each parent’s net disposable monthly income and the percentage of time each parent cares for the child in order to set appropriate child support payment amounts. The income considered comes from of a variety of sources, including: Certain items will be deducted from your income in order to determine the amount of net disposable income. These items include: taxes, mandatory union dues, mandatory retirement contributions, health premiums, child or spousal support actually being paid, and the cost of raising children from prior relationships. There is no deduction made for either parent’s living expenses. While you can use these guidelines to estimate the amount of child support that may be ordered in your case, you also have the option of making your own determination with your spouse regarding an appropriate amount. Parents can attend mediation in order to reach an agreement on a child support figure that is below or above the guidelines provided by California law. If you and your spouse agree on a mutual settlement, the mediated agreement is filed and will be legally enforceable if either party fails to honor its terms. Contact us today for a free initial consultation on how divorce mediation can help you and your family. Click here or call us today at (310) 279-6102 to schedule your Free Consultation
CHILD SUPPORT
SPOUSAL SUPPORT
Spousal support is when one spouse pays an amount necessary to support the other spouse. Spousal support can be a very complicated area and often requires the attention and analysis of an experienced professional. There are two types of spousal support: temporary and permanent. Temporary spousal support can be ordered when a divorce or legal separation case is pending. Permanent spousal support is often referred to as “long term support” but it does not mean that one person will receive spousal support for a long time or forever. Rather, permanent spousal support refers to support that is issued after the divorce or legal separation.
In order to determine the appropriate amount and duration of spousal support in your case, please contact us today to discuss your case in more detail.
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PROPERTY DIVISION
Before your divorce can be finalized, you and your spouse need to reach an agreement on the division of your assets and debts. Property division is a necessary part of every divorce. Property includes not just your assets, but your debts as well. It’s critical to have an experienced attorney or mediator assist you in determining which assets and debts are community property and which assets and debts are separate property. Often times, especially in longer marriages, certain assets and debts are both community and separate property. Regardless of the length of your marriage, it’s very important to ensure that you understand California law and how it applies to your situation. For example, what do you do when you live together in a house that belonged to your spouse before you got married? What are the rights of each person with respect to that property? Who is responsible for the mortgage? These are very important questions that need to fully discussed and addressed. It’s critical to understand the law so that you will feel more confident in negotiating your property division with your spouse.
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PRENUPS
Prenups, or prenuptial agreements, should be part of every couple’s journey before getting married. While many view the idea of asking for a prenup to be “unromantic,” in reality, it’s one of the most romantic things you can do. Here’s why:
- Prenups clarify both of your intentions before marriage, which will only clarify your expectations and strengthen your bond. For example, maybe you have a home in your name that you bought a few years ago. Your future bride or groom may be under the impression that your house will now be theirs as well once you tie the knot. Prenups will help you clarify the characterization of assets and debts for you both.
- The process of preparing the Prenup will help you either get on the same page, or will confirm to you both that you’re already on the same page. That’s a win-win.
- In the event of a divorce, Prenups make it easy and affordable for you to part ways and maintain mutual respect for each other and the years you spent together. You will more than likely preserve your relationship and fondness of each other by parting amicably instead of engaging in a contested litigated battle.
- You will both learn about California community property laws and other important California laws when you meet with your attorney to discuss the terms of your prenup. This education is invaluable and absolutely necessary before you agree to marry and be bound by California laws.
Regardless of whether or not you have significant assets or debts, or whether this is your first, second, or third marriage, it’s very important to at a minimum consult with an attorney about a prenup before you get married.
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DIVORCE AGREEMENTS
We offer the service of drafting divorce agreements for couples that are able to reach agreements outside of the courtroom. Whether you reach your agreement on your own or using mediation, you want to ensure that the terms of your agreement are properly drafted by an experienced attorney. Our document preparation services also include the drafting of your final agreement.
Click here or call us today at (310) 279-6102 to schedule your Free Consultation