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I
emphasize practice in the following areas of family law:
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Dissolution
and Legal Separation
Dissolution, formerly called divorce, is the process by
which a marriage is terminated. The dissolution process can include
any orders which are necessary, such as property division and support.
Parties may opt for a legal separation instead of a dissolution of
marriage. In a legal separation proceeding, all of the orders which
can be made in a dissolution can be made except that the marital
status is not terminated. This may be a preferable option for those
with religious objections to a dissolution or with the need for
continued medical insurance which would otherwise terminate upon the
dissolution of the marriage.
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Property
Rights Between Spouses
Property owned by a husband and wife in California generally
fall into one of three basic ownership categories: Community property,
husband’s separate property and wife’s separate property.
Community property is property owned by husband and wife together and
is typically all property acquired by either spouse during marriage
(except for gifts and inheritances to a specific spouse). Separate
property is property that is owned by one or the other spouse by
himself or herself and is typically all property acquired by a spouse
prior to marriage, or acquired during marriage with premarital money
and all property acquired after the couple permanently separates with
the intention of remaining apart.
Individuals contemplating marriage may contract with each other before
and during marriage to restrict the application of California
community property law, which provides that all property acquired
during marriage, with a few exceptions, is jointly owned by the
parties. Family law lawyers are frequently retained to prepare
premarital and post marital agreements concerning property.
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Spousal
Support Rights Between Spouses
Alimony, or spousal support as it is now known, is not automatically
ordered as it was in the past and when it is granted, it is often
limited to a period of time. The standard applied by the courts in
ordering or denying support is the standard of living of the parties
attained during marriage and the respective abilities and needs of
each party to maintain that standard following separation.
Unlike child support, there is no federal law requiring states to have
guidelines for determining whether support is ordered or in setting
the amount. This is an area of family law in which the courts have a
great deal of discretion.
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Child
Support
California employs mandatory guidelines in setting child support
which, when ordered continues until the child reaches the age of
eighteen, or in some case age nineteen.
The analysis begins with a determination of the annual net disposable
income of each parent from which all allowable deductions are taken.
The amount is also set by determining the amount of time each parent
has responsibility of for the children.
In addition to monthly child support, parents should make arrangement
for other financial matters which arise when raising children. Other
expenses include the cost of private education or extraordinary
medical care not covered by insurance. These matters are usually
decided upon informally between parents. But the court may order
payments if a child’s special needs for education or other services
require them.
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Child
Custody and Visitation
Any custody arrangement involves two types of custody: Joint legal
custody means that parents have the ability to confer with each other
with regard to issues which concern the health and education of their
children. Joint physical custody means that a child has frequent and
continuing contact with both parents according to a schedule which
best fits the child’s needs and those of the parents. Both forms of
custody are determined by analyzing the best interests of the
children.
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Domestic
Emergencies
There are times when one person needs immediate court
protection against another person’s behavior that has arisen in the
context of a current or former domestic relationship. The purpose of
domestic violence laws are to prevent a recurrence of domestic
violence and to assure a period of separation for the persons
involved.
To facilitate these goals, a court can grant a Temporary Restraining
Order (TRO) “ex parte” (with only one person telling his or her
side of the story). The TRO can legally restrain the abuser from any
contact, order the abuser to leave the home, order the abuser to keep
away from certain places, determine temporary child custody and
visitation rights both in marital and non-marital situations.
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