Family Law
We offer compassionate client care during your family law matter, to provide you help when you need it most. We pride ourselves on providing immediate and active representation to our clients. Clients with complex issues concerning family law matters such as child support, child custody and visitation, contested divorces, spousal support/alimony, and complex property division are comfortable when we handle their cases.
Our firm will fight for you and your family so that your rights are protected inside and outside of court.
Our firm will fight for you and your family so that your rights are protected inside and outside of court.
Divorce
California is a "no fault" divorce and community property state. This means that the court can grant a divorce at the request of either party. A Community property state looks at divorce issues differently than any other state in the nation. Family law judges have very specific requirements and expectations relating to custody, valuation of assets, spousal support and
equitable distribution of marital property.
We know that your children's rights and interests are tied to the custody agreement and parenting schedule you agree to. We place a primary focus on ensuring that your children get the best possible care. Every effort will be made to ensure that your divorce is over quickly and easily, to avoid causing you and your family any more pain and expense.
California is a "no fault" divorce and community property state. This means that the court can grant a divorce at the request of either party. A Community property state looks at divorce issues differently than any other state in the nation. Family law judges have very specific requirements and expectations relating to custody, valuation of assets, spousal support and
equitable distribution of marital property.
We know that your children's rights and interests are tied to the custody agreement and parenting schedule you agree to. We place a primary focus on ensuring that your children get the best possible care. Every effort will be made to ensure that your divorce is over quickly and easily, to avoid causing you and your family any more pain and expense.
Child Custody & Visitation
We understand how important your children are to you. We know what family law judges expect and we have experience working with the independent professionals that are often brought into custody negotiations. We are sensitive, discreet and non-judgmental when it comes to the numerous issues relating to children and divorce.
When parents divorce, a decision must be made that will specify who the children will live with, and how often and under what circumstances the other parent will visit with the children. Often, parents work out these arrangements between themselves, either voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, or when unmarried parents are unable to agree on who will have custody of their child(ren), the court may intervene and make a decision based on the "best interests of the child."
In some situations, physical custody is awarded to one parent (sole custody). However, often the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care and other important matters.
Some parents have chosen a joint-custody arrangement in which the child spends an equal amount of time with both parents. Joint custody arrangements require a high degree of cooperation between the parents.
In deciding which parent will have custody, the courts consider various factors. The primary consideration is the "best interests of the child.” Another main factor is which parent has been the child's primary caretaker. If the children are old enough, the courts will consider their preferences as well. Once entered, a custody award can be changed by the court if the parent's or children's circumstances have changed.
We understand how important your children are to you. We know what family law judges expect and we have experience working with the independent professionals that are often brought into custody negotiations. We are sensitive, discreet and non-judgmental when it comes to the numerous issues relating to children and divorce.
When parents divorce, a decision must be made that will specify who the children will live with, and how often and under what circumstances the other parent will visit with the children. Often, parents work out these arrangements between themselves, either voluntarily or with the assistance of their attorneys or a mediator. When they are unable to reach a decision, or when unmarried parents are unable to agree on who will have custody of their child(ren), the court may intervene and make a decision based on the "best interests of the child."
In some situations, physical custody is awarded to one parent (sole custody). However, often the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care and other important matters.
Some parents have chosen a joint-custody arrangement in which the child spends an equal amount of time with both parents. Joint custody arrangements require a high degree of cooperation between the parents.
In deciding which parent will have custody, the courts consider various factors. The primary consideration is the "best interests of the child.” Another main factor is which parent has been the child's primary caretaker. If the children are old enough, the courts will consider their preferences as well. Once entered, a custody award can be changed by the court if the parent's or children's circumstances have changed.
Child Support
Child support orders are based on state child support guidelines. These guidelines establish the amount of required support,
based largely on the custodial and non-custodial parent's income, the number of children and the time the children spend with each of the parents.
The court can deviate from the guidelines if there are significant reasons to do so. The fact that the custodial parent has a high income does not justify deviation from the guidelines; by law, children have the right to benefit from both parents'
incomes. Child support can be increased if there is a change in circumstances justifying the increase, such as an increase in the payer's income or the cost of living, a decrease in the custodial parent's income or an increase in the child's needs. Similarly, the amount can be reduced if the circumstances justify the reduction.
Child support orders are based on state child support guidelines. These guidelines establish the amount of required support,
based largely on the custodial and non-custodial parent's income, the number of children and the time the children spend with each of the parents.
The court can deviate from the guidelines if there are significant reasons to do so. The fact that the custodial parent has a high income does not justify deviation from the guidelines; by law, children have the right to benefit from both parents'
incomes. Child support can be increased if there is a change in circumstances justifying the increase, such as an increase in the payer's income or the cost of living, a decrease in the custodial parent's income or an increase in the child's needs. Similarly, the amount can be reduced if the circumstances justify the reduction.
Spousal Support
Generally, there are two types of alimony that can be awarded: Permanent support, which deals with the support to
be received at the conclusion of the divorce going forward, and temporary support, designed to maintain the status quo (as much as possible) during the divorce. Both are critical to the needs and abilities of the parties and both must be given careful attention in their determination.
In making a determination for spousal support, the court considers such things as: earning capacity of the parties, marketable skills of the party seeking support, the marital standard of living, future earning capacity caused by periods of unemployment, contributions made toward the education of the supporting party, and the assets and debts of each party.
Whether you expect to pay spousal support or believe you should receive support, our firm can help. We will vigorously contest the amount and duration of your spousal support issue. Our firm has dealt with the most complex support issues requiring creativity, knowledge and experience. During a meeting in our office we will analyze and advise you regarding your support rights in detail.
Generally, there are two types of alimony that can be awarded: Permanent support, which deals with the support to
be received at the conclusion of the divorce going forward, and temporary support, designed to maintain the status quo (as much as possible) during the divorce. Both are critical to the needs and abilities of the parties and both must be given careful attention in their determination.
In making a determination for spousal support, the court considers such things as: earning capacity of the parties, marketable skills of the party seeking support, the marital standard of living, future earning capacity caused by periods of unemployment, contributions made toward the education of the supporting party, and the assets and debts of each party.
Whether you expect to pay spousal support or believe you should receive support, our firm can help. We will vigorously contest the amount and duration of your spousal support issue. Our firm has dealt with the most complex support issues requiring creativity, knowledge and experience. During a meeting in our office we will analyze and advise you regarding your support rights in detail.
Property Division
California courts seek to divide the property equitably. During your marriage, you and your spouse acquired “community property.” This community property is to be divided as equitably possible in a divorce. During settlement negotiations, the
parties often dispute about the values of the community property. Our firm has worked with numerous experts to conduct property appraisals so that you leave the marriage with the actual value of your assets & proper compensation.
Your community property is important to you, so we will fight for you. Disputes arising from income and earnings, fair distribution of debt, bank account balances, business valuation issues, retirement funds, 401k accounts, pensions, real estate
property holdings, tax ramifications of property division, hidden assets, international investments, pensions, and retirement
accounts .
Similar to the community property presumption, if there is no written agreement between the parties, the debts that are incurred during the marriage for the necessities of life are presumed to be community debt and subject to equal division. However, debts that are incurred for non-necessities of life are deemed to be the separate debt of the spouse who incurred the debt. Debts incurred by either spouse from the date of separation to the date of entry of judgment are the separate debt of the spouse who incurred the debt.
California courts seek to divide the property equitably. During your marriage, you and your spouse acquired “community property.” This community property is to be divided as equitably possible in a divorce. During settlement negotiations, the
parties often dispute about the values of the community property. Our firm has worked with numerous experts to conduct property appraisals so that you leave the marriage with the actual value of your assets & proper compensation.
Your community property is important to you, so we will fight for you. Disputes arising from income and earnings, fair distribution of debt, bank account balances, business valuation issues, retirement funds, 401k accounts, pensions, real estate
property holdings, tax ramifications of property division, hidden assets, international investments, pensions, and retirement
accounts .
Similar to the community property presumption, if there is no written agreement between the parties, the debts that are incurred during the marriage for the necessities of life are presumed to be community debt and subject to equal division. However, debts that are incurred for non-necessities of life are deemed to be the separate debt of the spouse who incurred the debt. Debts incurred by either spouse from the date of separation to the date of entry of judgment are the separate debt of the spouse who incurred the debt.
Marital Settlement Agreements
A marital settlement agreement is a document that outlines how a couple’s property is to be divided upon the dissolution of their marriage. A marital settlement agreement may also address such issues as child custody, child support, spousal support, and any other special arrangements that need to be defined in a document for legal purposes. Divorce is never easy, nor are the issues that result from divorce, but with an experienced and skilled attorney behind you, the process of
drafting a marital settlement agreement will go much more smoothly.
We can help you draft and implement the terms of a marital settlement agreement. Oftentimes it can be difficult for a couple to resolve these issues on their own without assistance from an objective third party. When you hire us, we can serve as a mediator or neutral third party or can work on only your side if you and your spouse have separate attorneys. Whatever your specific needs are, we will work hard to make sure they are met.
A marital settlement agreement is a document that outlines how a couple’s property is to be divided upon the dissolution of their marriage. A marital settlement agreement may also address such issues as child custody, child support, spousal support, and any other special arrangements that need to be defined in a document for legal purposes. Divorce is never easy, nor are the issues that result from divorce, but with an experienced and skilled attorney behind you, the process of
drafting a marital settlement agreement will go much more smoothly.
We can help you draft and implement the terms of a marital settlement agreement. Oftentimes it can be difficult for a couple to resolve these issues on their own without assistance from an objective third party. When you hire us, we can serve as a mediator or neutral third party or can work on only your side if you and your spouse have separate attorneys. Whatever your specific needs are, we will work hard to make sure they are met.
Premarital / Prenuptial Agreements
Because California is a community property state, your separate assets may be subject to dispute in a divorce. Without a prenuptial/premarital agreement in place, your personal assets that were part of your financial holdings prior to the marriage could, depending on how they were handled and managed during the marriage, maybe included in the distribution.
Premarital agreements, also called prenuptial or antenuptial agreements, are contracts between two people who intend to marry each other. These agreements usually address issues relating to the parties' property and income during the marriage, after the marriage (if it ends in divorce) and after the death of one or both spouses. The issue of child support in the event of the parties' divorce cannot, however, be resolved by a premarital agreement. Also, a court generally will not enforce insignificant nonfinancial details in a premarital agreement.
Couples who have been married previously tend to enter premarital agreements more often than couples entering their first marriage. They are also commonly used when one person brings significantly greater financial assets into the marriage. Contact our office today if you need assistance in preparing a premarital agreement.
Because California is a community property state, your separate assets may be subject to dispute in a divorce. Without a prenuptial/premarital agreement in place, your personal assets that were part of your financial holdings prior to the marriage could, depending on how they were handled and managed during the marriage, maybe included in the distribution.
Premarital agreements, also called prenuptial or antenuptial agreements, are contracts between two people who intend to marry each other. These agreements usually address issues relating to the parties' property and income during the marriage, after the marriage (if it ends in divorce) and after the death of one or both spouses. The issue of child support in the event of the parties' divorce cannot, however, be resolved by a premarital agreement. Also, a court generally will not enforce insignificant nonfinancial details in a premarital agreement.
Couples who have been married previously tend to enter premarital agreements more often than couples entering their first marriage. They are also commonly used when one person brings significantly greater financial assets into the marriage. Contact our office today if you need assistance in preparing a premarital agreement.
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818 North Mountain Ave. Suite 219 - Upland, CA 91786 | Phone: (909) 919-7201 | Fax: 866-919-4325
Copyright © 2010 Upland Law Group. All rights reserved
The information in this web site is provided with the understanding that the publisher is not engaged in rendering legal, tax or investment advice. Consult an attorney for legal advice. While every attempt has been made to provide current and accurate information, neither the author nor the publisher can be held accountable for any errors or omissions. You agree not to hold rancholawgroup.com liable for action you take from the information on its website.
818 North Mountain Ave. Suite 219 - Upland, CA 91786 | Phone: (909) 919-7201 | Fax: 866-919-4325
Copyright © 2010 Upland Law Group. All rights reserved
The information in this web site is provided with the understanding that the publisher is not engaged in rendering legal, tax or investment advice. Consult an attorney for legal advice. While every attempt has been made to provide current and accurate information, neither the author nor the publisher can be held accountable for any errors or omissions. You agree not to hold rancholawgroup.com liable for action you take from the information on its website.