The attorneys at Jos Family Law specialize in a wide range of divorce & family law matters. We provide comprehensive legal support in matters like contested & uncontested divorce, child custody/support, alimony, property division, and more. Our team delivers personalized legal solutions tailored to the unique circumstances of each case. With Jos Family Law, you can rest assured of the highest quality of legal representation that secures your rights, interests, and well-being.
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A. Divorce
Being a no-fault state, California allows spouses to file for divorce without having to prove wrongdoing. Most cases are finalized due to irreconcilable differences, which means that the marriage has broken down with no chance of reconciliation. In California, divorce can be either contested or uncontested.
A divorce is said to be uncontested when both spouses agree on all major issues, including child custody, property division, and support. These cases can be resolved outside of court, making them more amicable and less costly.
A contested divorce, on the other hand, requires the court’s intervention. The parties cannot agree on one or all issues involving children, assets, and finances. The court hears both sides and examines evidence & witness testimonies before passing the final judgment.
Every divorce is unique. Whether you are seeking an amicable solution or preparing for a trial, we will provide robust representation to achieve the best possible outcome while protecting your rights.
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B. Child Custody & Visitation
Child custody and visitation are some of the most emotionally charged issues in a divorce or separation. In California, the courts prioritize the best interests of the child to determine custody. There are two types of custody:
- Physical custody, which determines where the child will live, and
- Legal custody determines who makes important decisions regarding the child’s health, education, religious upbringing, and welfare.
Based on the best interests of the child, custody arrangements can be sole (given to one parent) or joint (shared by both parents). In instances where the court awards sole physical custody, the non-custodial parent will generally have visitation rights, ensuring the child has a healthy relationship with both parents.
If the parents agree to a parenting plan, they can submit it to the court for review and approval. If they can’t decide, the court will make a decision in accordance with the child’s best interest. The court may also rely on mediators or custody evaluators to make a decision.
As experienced Cerritos child custody attorneys, we’ll explain your parental rights, build a compelling case, and strive to obtain an outcome that preserves your relationship with your child. We’re equally adept with custody modifications and relocation requests, representing both sides of the argument.
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C. Child Support
Child support laws are designed to ensure the child’s financial well-being after a divorce or separation. California law states the legal responsibility of both parents to support their minor children financially. After custody is decided, the non-custodial parent pays child support to the custodial parent until the child attains 18 years of age. If custody is shared, the higher-income parent pays support to the other.
Child support is determined using a statewide formula that considers:
- Each parent’s income
- The amount of time the child spends with each parent
- Special needs of the child (if any)
- The child’s health insurance and daycare
- Other discretionary factors
While the law is clear, disputes may arise between the parents over time. Legal guidance becomes crucial when you are looking to establish, modify, or enforce child support orders.
As dependable child support attorneys in Cerritos, we have represented both sides to ensure a fair support order that complies with California laws and your situation. We can also assist with modification of child support orders if circumstances have changed, such as a job loss, income changes, and custody violations.
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D. Spousal Support (Alimony)
After a divorce or separation, the higher-earning spouse may be required to financially assist the lower-earning spouse for a specific duration. The basis of spousal support is to help the financially disadvantaged spouse maintain a standard of living similar to what he/she had during the marriage.
There are two types of spousal support in California:
- Temporary Spousal Support: The court orders the higher-earning spouse to pay a sum while the divorce proceedings are underway.
- Permanent Spousal Support: The higher-earning spouse has to support the lower-earning spouse for a specific amount & duration, established after the divorce is finalized.
Unlike child support, alimony isn’t automatically granted as part of the divorce decree. The court will take into account the length of the marriage, each spouse’s income & earning capacity, age & health of both parties and contributions made towards the household, amongst others, to determine how much support should be paid and for how long.
Remember that spousal support may not be permanent. It may be modified due to changed circumstances like job loss, income changes, the retirement of the supporting spouse, or changes in the needs of the supported spouse. Support can also be terminated prior to the set date in certain situations, such as death of either spouse or remarriage of the supported spouse.
At Jos Family Law, we understand the legal and financial intricacies involved in the establishment, modification, or termination of spousal support. Whether you’re seeking alimony or contesting it, we will provide strategic guidance and result-driven representation to secure your financial future.
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E. Property Division
California is a community property state. It means that all assets and debts acquired during the marriage (except gifts & inheritance) are jointly owned by both spouses and subject to a 50/50 division. Community property, or marital property, includes income, bank accounts, real estate, retirement accounts, business interests, intellectual property, art, jewelry, collectibles, and debts.
However, some kinds of property are exempt from division. Known as separate property, it includes all assets & debts acquired before the marriage, after separation, inheritances, and gifts. Separate property is usually retained by its owner.
The most critical aspect of property division is the accurate classification and valuation of property. Disputes may arise if significant assets are involved, the spouses have commingled their assets, one spouse hides or under-reports assets, or if a spouse claims reimbursement.
As seasoned property division lawyers, we ensure a fair division of assets that secures what’s rightfully yours. If you believe your spouse is hiding assets or need help to secure a fair settlement or outcome, we are ready to help. Our strategic representation is backed by access to financial experts to ensure complete disclosure, accurate valuation, and fair outcomes.
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F. Domestic Violence & Restraining Orders
Domestic violence is a serious issue that, unfortunately, affects many families across California and the US. It also affects family law proceedings, including child custody, property division, and alimony. In California, domestic violence is an umbrella term, including not only physical abuse but also emotional abuse, sexual abuse, threats, stalking, harassment, coercive control, and financial abuse. It can occur between present or former spouses, dating partners, co-parents, cohabitants, or people in close relationships.
If you or a loved one is suffering from abuse, it’s important to know the protections available under the law. California law empowers civil & criminal courts to issue protective orders, which are of three types:
- Emergency Protective Order (EPO): An EPO is issued by law enforcement and typically lasts 5-7 days, giving time to the victim to seek relief from the court.
- Temporary Restraining Order (TRO): A TRO is a short-term protective order issued ex-parte, typically lasting for 2-3 weeks until a full hearing can be scheduled.
- Final Restraining Order: A final restraining order is issued by the court after a full hearing. This order may be valid for up to 5 years.
A restraining order directs the abuser to cease contact, move out of the residence, and stay away from the protected person and their children. It can also affect custody and support issues, limiting the abuser’s rights. Violating a restraining order may result in jail time, fines, and other civil consequences.
Our Cerritos family law attorneys are committed to your safety when you need immediate protection for yourself and your loved ones. Protecting your rights and well-being are our top priorities, and we’ll work tirelessly to help you transition to a dignified, peaceful, and happier life.
