When you are dealing with family law issues in Imperial Beach, you want to work with a qualified attorney that can handle the delicate issues that involve your family. Whether it be issues pertaining to child custody or the division of assets and debts after a divorce, San Diego Family Law Attorney is here to help. Family-related issues can only be handled through understanding and compassion which is why our team focuses on compromise and mediation.
The family law in the state of California deals with some of the following issues: adoption, alimony, paternity rights, child custody, divorce, emancipation, same-sex marriage, and other related topics. Family law covers broad topics which means you should seek consultation about your unique case before you enter a courtroom.
Many family related issues are handled outside of a courtroom through a mediation procedure. A mediation procedure is an informal meeting that takes place between both parties and the lawyers representing each party. Through these informal meetings, the goal is to come to a conclusion that works best for the situation without the aid of a judge. However, when either party is unwilling to cooperate then the only option may be to bring the case into a family courtroom. In a family court, either side may walk away feeling that the conclusion is unfair. To ensure that your side is fairly represented, you will want to work with an attorney that can serve as your representative. To contact our Imperial Beach Family Law Attorney, you may reach us at 619-610-7425.
The following will discuss some of the areas under family law. The following may not apply directly to your case so to learn more, you may want to seek consultation from a local law professional.
Adoption
The process of adoption is one that requires a legal understanding of parental rights. When a child is adopted, the adopting parent must know his or her newly found responsibilities over the child. Additionally, before the adoption, the biological parents must have consented to the termination of his or her rights over the child. With all the legal steps to adoption, it is best to work with an attorney to ensure all your paperwork can be upheld in a court of law.
Alimony
Alimony is not as scary as you may think. There are a variety of factors that contribute to the amount and duration of alimony that usually adheres to the earning potentials of the providing party. The state will not make you pay more than you are capable of paying which means you will not end up in the streets. Additionally, the amount you pay in alimony is tax deductible. Alimony can usually be decided and agreed upon outside of a courtroom just like any other issue pertaining to the family. However, if the dispute is brought into a courtroom, the judge will call the final shots (meaning that the judge will decide how much the providing party will pay). First and foremost, to decide what is fair, the judge will consider the earning potentials of each party. If both parties earn a relative amount, then you may not be required to pay for alimony or you may be required to pay much less than you think.
Other important factors that come into play include the number of years spent married, the age of both parties, and other financial obligations of the providing party. Alimony usually lasts longer if the marriage has lasted over ten years or if the receiving party does not have the ability to acquire a financially stable job. To learn about alimony and how it is calculated, you may speak with an attorney. A family law attorney can help apply the laws that affect your case so that you do not pay more than you are capable of paying
In today’s world, it is common to conceive children outside of marriage. Long are the days when boyfriends where chased by the fathers-in-law in order to force a marriage when their daughters were impregnated. In today’s world, many choose to have children while at the same time choosing to avoid a marriage. Although this is now a common norm; some issues may arise in a courtroom when the couple decides to separate. When the couple separates, the father may encounter complications in a family courtroom when attempting to claim certain rights over his children. This is true especially when the father forgets to sign the birth certificate of the child. If the father has not signed a birth certificate, he will be required to enter a courtroom where he will present DNA tests to prove his biological relationship. In other cases, the issues may be handled outside of the courtroom if the other party signs a document stating that he is the biological father of the child.
If the father is unable to prove that he is the lawful father of the child, he will not be able to claim rights over child custody and visitation. This means he will not have the right to visit the children and he will not have the right to legal or physical custody. On the other hand, the father will not be required to pay child support. If you have not signed the birth certificate and your ex-partner is unwilling to cooperate, it is in your best interest to reach out to a family law expert who can help represent and fight for your rights in a courtroom.
Child Custody and Child Visitation
One of the most complicated aspects to deal with after a divorce pertains to the children involved in the relationship. In some cases, there may be a dispute over who the children should live with or who will make the important legal decisions over the children. When discussing child custody, it is crucial to know the difference between sole and joint custody and legal and physical custody. If the parents are unable to come to an agreement on child custody and visitation the discussion will enter a courtroom where a judge will make the final calls on the situation. In a courtroom, a judge may award a parent sole or joint custody over physical or legal matters. Sole custody is when the judge awards only one parent the ability to maintain physical custody or make decisions on behalf of the child. Joint custody is when the judge awards both parents the right to make the legal decisions for the child and allows the parents to share the children in a fifty/fifty manner. Furthermore, physical custody refers to who the children will live with while legal custody refers to the parent that will make the important legal decisions for the child. Parents with legal custody will be able to choose the child’s school, the child’s religious affiliation, and other important aspects of the child’s life. In most cases, the parent that without physical custody will have the right to establish visitation. The type of visitation will rely on the party with physical custody or a judge should the issue be brought into a courtroom.
Division of Assets, Property, and Debt
The division of assets, property, and debt is an aspect of divorce that requires special attention. First and foremost, if you are a resident of Imperial Beach, CA, you will be required to divide your property in a fifty-fifty manner unless otherwise stated in a prenuptial or postnuptial agreement. The state of California is a community property state that dictates that each party needs to share an equal amount of property and debt that was incurred while married or in a domestic partnership. In other words, each party should have an equal amount of property and should owe an equal amount of debt. Couples may face a difficult time dividing properties and debts especially if there is no clear indication of the property’s value or if there is no clear understanding of who pays for what debt. An experienced family law attorney can assist with this dilemma by evaluating properties and debts so that each party fully understands how the debt will be divided.
When there is a clear understanding of the properties and debts, it will be easier to divide such factors in a manner that suits both partners. Alternatively, a partner may choose to take on greater debt if it means keeping more property like a home or a vehicle. In the end, the agreement will need to be settled by the couple otherwise the dispute will be brought into a courtroom where a judge will divide all assets and debts down the middle. If you wish to avoid a judge intervening into your marital affairs, it is in your interest to seek mediation from a law professional.
Divorce
No one engages in a marriage with the thought of divorce in the back of their mind (unless they are doing so with fraudulent intent). If you are like the many that take on the wedding vows as a result of love, then you will find that a divorce is an emotionally ((((draining)))) affair. A divorce can sometimes turn the best of friends into the worst of enemies especially when there are properties and child involved in the affairs. When a divorce is filed, the couple will need to come to terms on the amount of alimony that the providing party will pay, the amount of child support paid by the providing party, the living arrangements with regards to the children, and will need to come to an agreement on how the property and debt will be settled.
Divorce is a complicated affair that can take months to process especially when each party is unwilling to cooperate with one another. During a divorce, it may be logical to contact a family law attorney that can assist with some of these complicated issues. A family law attorney will be capable of mediating between both parties, informing each of the laws that apply to their case. In most cases, couples choose to work with an attorney who is capable of handling these complicated issues outside of a courtroom. Once the dispute enters a courtroom, the ordeal may become more time consuming and costlier. If you and your ex-spouse are working through a divorce and there is a level of understanding and respect, you may find that your best option is to settle your divorce through informal means with the help of an attorney.
Domestic Partnerships/Same Sex Marriage
In the state of California, same-sex individuals have the right to get married which means they have the right to file taxes as a single unit, they may make decisions on behalf of their spouse regarding the health of a spouse that is ill, they may claim spousal support if a divorce occurs, and they may adopt a child should they wish to create a family. The laws regarding same-sex marriage are new which is why you may want to work with an attorney if you face discrimination in a courtroom when you are claiming your rights as married individuals. To learn more about same-sex marriage and the rights of a wedded couple, you are encouraged to speak with a family law attorney.
Emancipation
Emancipation of the process by which a child under the age of 18 terminates his or her relationship with his or her parents. An emancipated child has the right to file taxes, has the right to enroll to a school of their choosing, has the right to choose a healthcare plan, and may be sued in a court of law. An emancipated child cannot buy alcohol and cannot vote. In order for emancipation to be granted, a child must have legitimate reasons. For instance, if a child has high earning potentials then she or he may proceed with emancipation in order to file their own taxes separate from his or her parent’s household taxes. Aside from financial reasons, a child may choose to pursue emancipation if he or she has been kicked out of the parents’ home or has been neglected or abused. If you are a child that seeks emancipation, you may require the consent of your parents unless you are physically abused, and you can prove that your parents are not owning up to their parental duties. If you seek emancipation, you may speak with a family law attorney who can help you decide whether emancipation is right for you. There may be more than one option if you are facing troubles at home and we are here to help.
Prenuptial and Postnuptial Agreements
Married individuals in the state of California are required to divide all assets, properties, and debts in a fifty/fifty manner in the event of a divorce. Like mentioned earlier, this only applies to individuals that married without first establishing a prenuptial or postnuptial agreement. A marital agreement helps protect the assets and properties acquired by each party during the marriage. For instance, if you and your spouse buy property using their own money, then after a marriage the property will remain theirs and will not be subject to division by state law. Additionally, a marital agreement can help protect each other of debts inquired by each party. The difference between a prenuptial agreement and a postnuptial agreement is time. A prenuptial agreement is usually signed before a marriage. The benefits of a prenuptial agreement are that if both parties cannot come to an agreement, then the marriage can be stopped.
On the other hand, if you have already been engaged, then a couple may engage with a postnuptial agreement. A postnuptial agreement may be more difficult to deal with considering that the marriage has already taken place and property now belongs to both individuals. In either case, if you want to establish a prenuptial or a postnuptial agreement you may want to run the document by a family law attorney. An attorney can help point out any flaws in the document that would make the document unlawful. An unlawful marital agreement may not be upheld in court and in the long run, may cause problems to the party that wishes to retain his or her property.
Contacting an Imperial Beach Family Law Attorney Near Me
Family-related issues such as those mentioned above require cooperation between the individuals who are involved. Our attorney is capable of using the right mediation procedures to ensure that each party cooperates to the fullest extent. We make sure that each party is fully aware of how their situation will reflect under the law so that they may make the most informed decision. When a situation cannot be handled outside of a courtroom, we will provide representation to ensure that the details of your side are presented in front of a judge. In a courtroom, the judge will make an informed decision about your case, so it is crucial to provide the judge with as much information as possible. To have a clear understanding of your situation you may contact our Imperial Beach Family Law Attorneys at 619-610-7425.
