Family Law
We handle all aspects of Family Law. Family law encompasses many facets of the family relationship, including but not limited to the following:
- Divorce / Mediation / Collaborative Law
- Uncontested Divorce / Flat Fee
- Support / Custody
- Restraining Orders
- Pre-Marital Agreements
If you have any questions or comments, please feel free to contact us at telephone: 310-376-1318
We look forward to hearing from you soon.
Practice Area Description:
THE AREA OF LAW DEALING WITH FAMILY RELATIONS INCLUDING:
Separation: The act of legally separating oneself from his or her spouse with the intent to live apart, which can settle the spouses’ financial responsibilities to one another and to their minor children, as well as settling the spouses’ respective parental rights. Legal separation does not terminate the marriage. Can be used to avoid the California requirement that the petitioner must reside in California for six months and the county for three months before a Petition for Dissolution can be filed. A Petition for Legal Separation can be amended to a Petition for Dissolution after the residence requirement is met. A judgment of legal separation does not bar either party from later petitioning for and obtaining a judgment of dissolution (but a new action must be filed).
Divorce or Dissolution: The act of legally ending, terminating or winding up of a marriage by court order, which restores the parties to the status of unmarried persons. Granted in California by grounds of irreconcilable differences, i.e. no fault is necessary to be proven.
Summary Dissolution of Marriage: Inexpensive means for dissolving a marriage of no more than five (5) years in duration with no children and limited assets and liabilities. There must be agreement between the parties that the marriage should be dissolved because they must file a joint petition seeking summary dissolution. Once the Joint petition of the parties has been filed with the court, no further action is necessary until application for a final judgment of dissolution is made by the filing of a form. There is no requirement for a hearing on the petition.
Nullity of Marriage: Petition to court for a judgment of nullity of marriage where the marriage is void ((1) incestuous and (2) bigamous or polygamous marriages) or voidable ((1) petitioner not of age of consent at time of marriage; (2) prior existing marriage; (3) unsound mind; (4) consent obtained by fraud; (5) consent obtained by force; or (6) physical incapacity at time of marriage ). Like a judgment of dissolution, a judgment of nullity (formerly called an annulment) restores the parties to the status of unmarried persons, but relates back and erases the marriage and most, if not all, of its incidents from the outset, subject to certain equitable limitations. Essentially, the parties are treated as if they were never married.
Paternity: Action in which Petition to Establish Parental Relationship is filed by a man who alleges that he is the father of a child and is entitled to parental rights, including custody and visitation or by the mother against a man whom she alleges is the father of a child for a determination of paternity and child support.
Custody: The most basis of parents’ rights with respect to their children is the right to custody, which is a cognizable and substantial right extending to all parents. The right of custody has two components: legal custody and physical custody.
Legal Custody: Legal custody refers to the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.
Physical Custody: Physical custody refers to with whom the child actually resides.
Joint or Shared Physical Custody: Although under joint custody, each parent has significant periods of physical custody, an equal division of the child’s time between the parents is neither required nor typically ordered. The time share arrangement must be tailored according to the best interests of the child. Increasingly, the term “shared physical custody” is used to refer to a plan under which each parent has substantial periods of physical custody of the children, even though one parent has more time with the child than the other. (The significance of being labeled the custodial or non-custodial parent is diminishing, particularly regarding child support).
Visitation (including move away issues): Parenting plan; the right of a non-custodial parent to visit and/or spend time with his or her child. Reasonable visitation rights are generally granted unless it is shown that the visitation would be detrimental to the best interests of the child.
Child and Spousal Support: Amount of money obligated to be paid as support by the responsible parent and/or spouse and the manner by which it is to be paid.
Separate and Community Property Issues: The specific characterization of a spouse’s marital assets and debts according to when said asset or debt is acquired, i.e. before date of marriage, during marriage, after date of separation, or by gift or inheritance.
Characterization and Distribution of Assets and Debts: The division and distribution of assets and debts in proportionate parts to each spouse according to their respective interests therein.
Characterization and Valuation of Businesses: The specific characterization of a business or businesses owned in part or in whole by one or both spouses as separate and/or community property and the determination of each spouse’s specific interest therein.
Guardianship: Determination of an individual who, by legal appointment or by the effect of a written law, is given custody of both the person and property of one who is unable to manage their own affairs, such as a child or mentally-disabled person.
Grandparent and Step-Parent Issues: The area of law dealing with a grandparent or step-parent’s rights to spend time with their grandchildren or children from a spouse’s former marriage/relationship.
Post-Judgment Modification Issues: Issues that arise regarding the proper division or distribution of undivided assets or debts, custody, visitation or modification or termination of support after a judgment of dissolution has been entered by the court.
Civil and Domestic Violence Restraining Orders: The are of law regarding the ability to obtain orders preventing another person from harassing, abusing and/or simply being within so many yards of the complaining person.
ANY OF THE ABOVE-REFERENCED ISSUES CAN BE HANDLED BY ANY OF THE FOLLOWING METHODS:
Representation: Retaining independent counsel to advise a party as to his or her respective rights, responsibilities and options and to act as an advocate in the court process.
Collaborative Representation: Collaborative Law is a new method of obtaining a divorce of handling a family law matter wherein each party may hire an attorney to consult with and to represent their respective interests; however, the parties and their attorneys all sign an agreement that neither party’s attorney will appear in court on their behalf. In essence, everyone is committing to the settlement process from the beginning and after the initial procedural tasks are completed, the parties schedule four-way settlement conferences with their attorneys to assess their respective needs and issues and to collaboratively determine the best way for this family to separate.
In the Collaborative Law model, there are also a team of professionals available to further assist the parties in this process, such as mental health coaches, child specialists and/or joint accountants and/or financial planners, depending upon the needs of the family.
Mediation: A process of non-binding intervention between parties to promote resolution of a grievance, reconciliation, settlement or compromise outside of the court system. Mediation also offered as a flat fee for uncontested divorces.
Consultation: The process of meeting with the attorney to review the facts and determine one’s rights, obligations and alternatives.
Frequently Asked Questions / Answers Regarding Family Law
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