Family Law
Family law covers a wide range of legal matters and intersects with even more areas of law. Family law is a type of civil law that addresses issues within families and between family members. This can include, but is not limited to:
Prenuptial agreements
Contested or uncontested divorce
Post-divorce modifications
Separation
Annulment
Division of property
Spousal support, formerly known as alimony
Domestic violence
Child custody and Visitation
Child support
Adoption
What Is Family Law?
Beyond being able to provide you with quality legal advice, preparation of documents, and keeping you informed about important court dates or deadlines a knowledgeable divorce attorney can assist you with building as strong a case as possible for you, so you can advocate on your own behalf.
The area of family law litigation is often associated with complex divorce cases, which is one area in which a family law attorney can provide support. Even in an amicable, uncontested divorce, it is advisable to work with a knowledgeable divorce attorney who can answer your legal questions related to your rights and obligations. This is because the parties in a divorce action are likely to be emotionally fraught, and even one area where tensions exist can quickly lead to a difficult, contested divorce. Destinee Tartuffe can also help with alternative dispute resolution.
How A Family Law Attorney Assists
Alternative Dispute Resolution
There are times when taking a divorce case to court is necessary; however, there are other times when both parties are striving to avoid court at all costs. Generally, this is to try and save on legal fees associated with litigation. At Law and mediation Office of Destinee Tartuffe, Destinee can help you understand the full range of options available to you in California and help you weigh the pros and cons of each.
What Can Destinee Tartuffe Do For Me In My Family Matter?
When a family law case is initiated, parties face many different emotional and legal challenges. With a family law attorney guiding you through the process you will have the skills and resources available to navigate some of the most intricate issues in family law, such as divorce, child custody, asset and debt division, or support arrangements. Hiring this support can help you reach resolutions quicker and achieve the stability you need to move forward with confidence.
What Are the Most Common Types of Family Law Cases?
Each family law case is unique to the parties and their circumstances. Nevertheless, there are some common types of issues that arise in family law cases. The issues can be made more difficult to resolve as the parties may be emotionally exhausted by the fact they are facing changes to the lives in which they have become accustomed, while sorting out legal issues. Some of the most common issues include:
Support issues
Division of Assets and Debts
Child Custody
What Happens in Divorce and Legal Separation Matters?
In cases where people are engaged in divorce or legal separation, they must undergo the formal dissolution process of ending a marriage. This requires that one party files a Petition, Summons and any other required documents based on their unique circumstances. The other party may choose to file a Response. Each party is required by law to exchange Preliminary Disclosures which include disclosure of all assets and debts as well as income and expenses. After exchanging the information, the parties can determine how they would like to divide their assets and debts and what type of support will be provided, as well as whether one party will pay the attorneys’ fees for the other party, or they may not be able to reach full resolution outside of the court’s intervention.
If the parties require the court to intervene because they cannot come to their own agreement, both should be prepared for the court to apply the law which may result in consequences that neither anticipated.
Child Custody and Visitation
Divorces, separations, and other situations are particularly difficult for families with children. When there are children involved in matters where their parents decide to break up or divorce, a custody and visitation order must be put in place Custody and visitation issues are one of the most highly conflicted areas of family law. It is important for parents to place the best interests of their children first. The State of California codified the factors that determine what the “best interests of the child” are under Family Code Section 3011. If the parents cannot reach their own agreements for child custody and visitation orders and they file a motion for the court to intervene the court will take into consideration many factors when making an order including (1) if the children have any special medical needs, (2) each parent’s ability to protect their well-being, and (3) if there is any history of neglect or abuse.
Typically, parents will be granted joint legal and physical custody, although their parenting times may vary. Sometimes a parent will be granted sole legal and physical custody. A visitation schedule will, in most cases, be negotiated for a parent who has not been granted joint custody rights to maintain a bond with their children. There are some cases where unsupervised would not be appropriate.
Child Support
Child support amounts are determined by a mathematic formula that takes into consideration many factors including each parent’s ability to financially support their children independently, the income of each parent, if either or both parent has hardships or there are special needs of the children, and the time the child is with each parent. Even if the parents share equal custody, if one party earns more than the other, they may have a child support obligation.
Alimony/Spousal Support
California law supports that each party become self-supporting after a divorce. If both parties have similar incomes, it’s unlikely that alimony/spousal support payments will be awarded. However, there may be some exceptions: For example: in cases of long-term marriages over 10 years, and/or where one party may have sacrificed their opportunity for a career while the other party gained skills and experience allowing them to progress in their career field. Sometimes, the support will be temporary and should be seen as a financial support system to help the other party to become self-sufficient before the payments end. The laws that govern alimony/ spousal support include many exceptions which are best discussed during your consultation with Destinee Tartuffe.
Any person who experiences a case of domestic violence may wish to apply for a domestic violence protective order. These orders are intended to help in the prevention of additional threats of violence, harassment, or stalking from an alleged abuser until a court hearing finds them liable and issues a permanent domestic violence restraining order. These orders will provide notice to the restrained party that they are prevented from being near or contacting the protected party, even through third parties or social media. When children are involved in a case they may also be named as protected parties. This can be quite the shock to a person who does not believe they are engaging in domestic violence. It is highly recommended that each person research the laws related to domestic violence prevention to become familiar with acts that amount to domestic violence. (California Family Code Section 6200, et seq.) Domestic violence does not require any act of physical touching of the other person.
Protection Orders for Domestic Violence
Property Division: Community Property
California is a community property state. Community property is typically defined as assets, debts, or other property acquired or incurred during the marriage with money earned during the marriage (which is also community property.) Understanding community versus separate property and how they are addressed in a divorce can help parties to a divorce action reach agreements that are reflective of their own desires. On the other hand, if the parties require court intervention the court will apply the laws related to community property that require each asset and debt to be divided equally which is often not what the parties intended.
It is possible that you and your partner will be able to decide on how to divide property fairly without court intervention, but if you have any concerns that your partner will try to take advantage of you or if you are in a domestic abuse situation, you should seek assistance from a family law attorney who can advocate on your behalf.
Stepparent Adoption
As families change and grow, sometimes a stepparent may wish to officially adopt their partner’s child or children from a previous relationship. The stepparent adoption process is a bit complicated because of the requirements that must be met before the stepparent adoption can be granted. If you would like a schedule a consultation with Destinee to find out more about what a stepparent adoption requires please contact her to schedule an appointment today.
The short answer is no. If you hire an attorney to represent you in a California Court, you need an attorney who is licensed in California and is familiar with the issues you face. Each county court may have its own local rules and attorneys practicing in those counties should be familiar with those rules. California attorneys are licensed to practice state-wide, and many attorneys handle cases in more than one county. Ask the attorney during your consultation if they have experience in the county that your case is in and / or if they are willing to take on your case.