The family law extends to cases involving divorce, alimony, annulment, child support, child custody, marital agreements, adoption, and the division of property and debts. There are a wide array of issues that fall under 'family law' that can be assessed and aided by a family law attorney. A family law attorney is capable of working with both parties to develop a program that works for the situation. With our Coronado Family Law Attorneys, we understand that family issues are better resolved outside of the jurisdiction of a judge. When there is a higher understanding of the issue at hand, we believe that the family unit has the ability to resolve these issues especially issues involving children and other family members. An attorney can guide you through the division of property which is often facilitated when there is a clear understanding of the value of a property. Furthermore, a family law attorney can aid in the decision making behind child custody and child visitation by providing the rights of each parent under your state law. With a clear depiction of a situation, both parties tend to cooperate and choose what is best for them without the intervention of a judge.
On the other hand, some family issues require the attention of a family courtroom. When both parties are unable to reach a fair conclusion, the issue will make its way towards a family courtroom where a judge will decide based on the information presented. In these cases, it is always a good idea to work with a family law attorney who can fairly represent your side. To speak with one of our Coronado Family Law Attorneys, you may reach us at 619-610-7425.
The following section will cover some of the more common family law sections. To learn about your specific case, you may contact a local attorney.
Couples enter a marriage and the last thing they think about is divorce. Unfortunately, divorce is a very common procedure that results in family disputes pertaining to alimony, the division of assets and properties, child support, child visitation, and prenuptial or postnuptial agreements. When undergoing a divorce, it may be in your best interest to consult with a family lawyer that can assist you with some of the topics mentioned above. A family lawyer can help expedite the divorce procedure and may help you and your family deal with the issues outside of a courtroom. Divorce is never an easy thing to process as there are a number of things to consider especially when children are involved. A divorce becomes a complicated affair whenever there is a higher earning spouse in the relationship, when the relationship has lasted more than five years, and in the presence of properties. At the end of a divorce, the goal is to come to an agreement on where the children will live, who will have the rights over certain properties, how debt will be divided and who will pay alimony. In the presence of these factors, it is crucial to work with a family law attorney that can help facilitate dealing with these issues. A family law attorney is capable of mediating and finding a middle ground with the other party to prevent the issues from entering a courtroom. Once a dispute enters a courtroom, the process will become time-consuming and costly. It is in your best interest to take care of family issues outside of a courtroom, dealing with the other party through informal means to create a solution to problems that may be best addressed by the family members involved in the situation.
In the event that a dispute cannot be resolved outside of a courtroom, you will require the assistance of a family law attorney to provide representation in a courtroom. Once in a courtroom, either party will attempt to represent their side to either avoid alimony, to receive custody over the children, the amount of child support owed and other issues pertaining to debts and properties. To ensure that you receive what is fair, you will want to discuss your situation with a family law expert who is capable of evaluating your situation with the family laws of your state.
Alimony
Alimony is also known as spousal support which is money that is paid to the lower earning individual after a divorce. The purpose of spousal support is to aid the spouse that has put aside work or higher education to take on household responsibilities such as maintaining the household and/or taking care of the children. Alimony is meant to allow the lower earning individual or the individual that has been outside of the workforce, the ability to be financially stable while he or she receives an education that will allow him or her to re-enter the workforce or while he or she searches for a stable job. In some cases, the providing party may be required to help the receiving party pay for higher education so that he or she may provide for themselves through a stable job. Like in other aspects of family issues, a couple may come to an agreement on how much alimony will be paid and the duration of the alimony. A spouse may request alimony for a certain period of time, however, if there is a dispute, you may be required to work with a family law attorney who can help guide your case.
Some of the factors that affect alimony and that should be discussed with a family lawyer include the duration of the marriage, the existence of children and who will have physical custody, the living conditions in the household prior to the divorce, the earning capabilities of the providing party, the earning capabilities of the receiving party, and the health and age of both parties. In most cases, alimony ends when the receiving party remarries, is capable of providing for themselves, or after a set period of time that is determined by the number of years that the couple was together. There are numerous factors that affect an alimony decision, to learn more about alimony and the amount that should be paid, you may want to speak with a local family law expert.
If you are considering a separation from your spouse, you may want to clearly analyze your situation before you proceed with an annulment. In a divorce case, all property and debts incurred are divided in a 50/50 approach. However, if you receive an annulment, the marriage is considered illegitimate from the beginning which means each spouse loses the rights to claim properties of the other unless your name appears in a contract. An annulment voids the relationship which means there was never any marital property making it difficult to claim property that does not have your name on it. To receive an annulment in the state of California, the requesting party will need to provide proof that the marriage was illegitimate either by proving that the other was already married, that either spouse was under the age of consent (18 years of age) and without parental consent, that either party was tricked into marriage or that the parties involved are close blood relatives. If you wish to claim property that was incurred during the marriage, you may not want to proceed with an annulment. However, an annulment may benefit individuals that do not want debts or properties to be split in a 50/50 approach.
Legal Separation
Another option for individuals that which to separate from their spouse is through a legal separation. Individuals may choose to retain their marriage status due to religious reasons or for healthcare reasons. A legal separation is similar to a divorce in that both parties may come to a conclusion on issues pertaining to child custody, child visitation, alimony, and the division of assets, properties, and debts. A legal separation benefits individual who wants to keep their relationship because they believe there is a chance of reconciliation after a period of time apart, for individuals that see benefits in filing for taxes as a single unit, or for individuals that do not which to engage with a divorce separation which is often more stressful. Legal separations benefit couples that are on amicable terms and who do not wish to remarry in the near future. To learn more about legal separations, you may contact a local family law attorney.
One of the more stressful aspects of divorce aside from child custody and visitation is the division of assets, properties, and debts. If you live in Coronado, California, all property and debts that have been accumulated throughout the marriage will need to be divided in a manner that creates an equal net share. This means that each spouse should walk away from the marriage with as many assets, properties, and debts as the other. The division procedure becomes complicated when couples can't agree to certain terms or when there are a substantial amount of debts and properties. A family law attorney can assist the situation by evaluating the properties and debts so that each party has a clear understanding of the situation. Additionally, a family lawyer can help mediate a dispute to find a middle ground that is deemed fair by both parties.
Child Custody and Visitation
Child custody and visitation is best determined by the parents of the child. When parents cannot decide on child custody or visitation, the best option is to work with a family law attorney that can help mediate the situation and come to a resolution that both parties can agree on. However, whenever there is a dispute over child custody and child visitation that cannot be resolved, the case will enter a family court. Once in a family courtroom, a judge will make a child custody and visitation decision based on a variety of factors that aim to determine the best interest of the child. The best interest of the child can be determined by assessing the child’s age, the ties between each parent, the child’s community, the health of the child, and any history of abuse. Taking these matters into consideration will help a judge determine who will have physical and legal custody over the child.
There are two types of custody known as legal or physical custody. Parents that are granted legal custody have the right to choose where the child will go to school, the child’s health care provider, the right to travel with the child, and the right to choose the child’s religious affiliation. In most cases, both parents will have equal say on the child’s legal affairs unless the judge awards one parent sole legal custody. On the other hand, physical custody determines who the child will live with. The judge or the parents can choose to have joint physical custody which means that the child will live with both parents an equal amount of time. A judge may appoint sole physical custody to one parent which means the other parent can claim visitation rights. Visitation rights can be according to a specified schedule or may be open meaning that the parent can have access to the child when he or she desires.
Child Support
Child support like alimony is a financial support that is meant to help maintain the conditions of the household before the divorce. However, this type of financial support is directed to the children and is not tax deductible. In most cases, child support is paid by the higher earning non-custodial parent to the parent that is in the physical custody of the children. In some cases, the higher earning individual may not be required to pay for child support if he or she maintains full custody over the child, however, the issue is determined case by case. Some of the factors that affect child custody include the needs of the child, the age of the child, the ability of both parents to provide for the child, and the living conditions of the household before filing for a divorce. Child support payments are usually taken from the providing parties paycheck directly and deposited to the receiving party. The amount of child support relies on a variety of factors.
Prenuptial Agreement/ Postnuptial agreement
A marital agreement is another aspect of divorce that can help reduce the number of complications that arise during the division of assets, properties, and debts. For instance, a couple is capable of separating debts and properties in a formal agreement that can prevent the need to divide properties after a divorce. A prenuptial agreement is an agreement that is signed before entering a marriage and protects the assets of each party and may protect each other from each other's debt depending on the language included in the agreement.
A postnuptial agreement is the same as a prenuptial agreement in that a couple signs a formal agreement that can help them divide properties and debts in the event of a divorce or separation. The key difference is that a postnuptial agreement is signed after the couple has been married. High earning individuals or individuals with many properties may want to consider a prenuptial agreement as it may be more difficult to come to a conclusion on who will keep what after the marriage documents have been signed.
Other Aspects of Family Law Not Pertaining to Divorce
Adoption
A family lawyer can help individuals that want to adopt a non-biologically related child or who want to claim parental rights over a child born through a surrogacy procedure. Adoption is a procedure that a non-biological parent such as a stepparent takes in order to establish parental rights over a child. There are a number of hurdles that one needs to overcome in order to adopt a child. A family lawyer can assist you with petitions to the family court and representation during the court procedure. Furthermore, a family lawyer can help identify the rights and obligations of an adoptive parent. Most importantly, a lawyer can help handle some of the more complicated aspects of adoption that you may face during your journey to parenthood.
Every biological parent has certain rights over their children. This means that after a separation or divorce, both parents have the right to claim custody and visitation. However, some issues arise when one parent has failed to sign the child’s birth certificate as is most common with fathers. Individuals that have not signed their children's birth certificate may not be able to claim rights in a court of law until they have proven paternity.
Emancipation
Emancipation is the process by which a person under the age of 18 terminates his or her legal relationship with his or her parents. In most cases, emancipation requires the consent of both parents, however, a court may allow for emancipation if there is a high level of neglect. Emancipation is more common amongst young children who are earning more than their household and who wish to file their own separate taxes.
Contacting a Coronado Family Law Attorney Near Me
Family law is centered around sensitive personal issues which is why we take the time to work with each case. Ensuring that both parties exhaust all measures of cooperation before entering a courtroom. To speak with San Diego Family Law Attorney, you may reach us at 619-610-7425.
