Locations Served by County
SAN LUIS OBISPO
My Practice Area
Dissolution of marriage is an emotional process that can be very overwhelming with the multiple demands that can greatly effect your life. Let me guide through the legal process and help you gain understanding to protect your rights. Dissolution of marriage deal with child custody and visitation, child support, spousal support, property division (including business valuations), and sometimes requiring restraining orders.
Child Custody & Visitation
Child Custody and Visitation can originate from a dissolution, legal separation, or a non-marital relationship resulting in a child in common. Obtaining child custody and visitation orders provides parent with the necessary boundaries for their parenting and allows for legal enforcement.
Child Custody has two forms, legal custody and physical custody. Legal custody includes legal decisions that need to be made for the child and physical custody is concerning which parent will provide care for the child. This is decided by utilizing multiple factors to determine the best interest of the child. The court can order sole custody to one parent or joint custody resulting in the parents sharing the responsibility. This is an order that can be modified by changed in circumstance until the children is age of an adult.
Child support is funds to assist the custodial parent with support the needs of the parties children. Child support is based on a state guideline. The state guideline is a calculation utilizing the timeshare with the children and the parties income. However, there are multiple legal deviations to these calculations. Let me assist you in finding the appropriate calculation of your circumstances.
Spousal support is funds to assist in ensuring both parents are able to maintain a financial situation that is the same or similar to when they were married. This allows the non-supporting spouse an opportunity to become self supporting. However, not all situations require spousal support to be paid, there are many factors involved to determine whether spousal support should be orders, what amount should be ordered, and how long support should be provided.
California is a equal division state of all community assets and debts. Community assets are all assets obtained during marriage that was not gift, inheritance, or obtained with separate property. Separate property includes but is not limited to assets obtained before or after marriage, a gift or inheritance. There are many factors to consider whether an asset is community or separate property.
Community debt includes but is not limited to all debt accumulated during marriage. However, similiar to community assets there are exceptions. This is an equal balancing determination dictated by each individual situation.
Domestic violence is an unfortunate reality to too many relationships. Every person deserves to be free from physical, emotional, verbal, financial, and all other means of control. Domestic violence is not always violent and sometime referred to as domestic abuse. Lets discuss your situation to determine if you need the protection of a restraining order.
Post Judgement Enforcement
Once you have a Judgment, if the other party fails to comply with the orders, there is many different forms of relief. This can include but not limited to contempt or sanctions. Enforcement can be sought from child custody and visitation orders, child support orders, spousal support orders, property division orders and more. Let discuss your issue to determine whether an enforcement order is necessary.
When your children have been removed from the home by the police or Child Protective Services and placed in the care of the state. The intention behind juvenile dependency is to keep children safe and allow the parents time to work on correcting the issue that resulted in the removal of their children. The goal is to allow the family to eventually reunify in a healthier living environment.