Family Law Attorney Rossmoor

Divorce

Divorce in California is based on the no-fault system, so you can file for a divorce without proving fault or wrongdoing. Prior to filing, at least one spouse must have lived in California for six months and in the county where the petition is filed for three months.

If the couple mutually agree on all the terms, their divorce is said to be uncontested. They may finalize a settlement agreement and file it with the court for approval. If the spouses disagree on one or all the aspects, the court will decide their contested divorce.

The terms of a divorce may include:

1. Child Custody - Who will get the physical and legal custody of the child?
2. Child Support - How much financial support must be paid to the custodial parent to cover the child’s basic needs?
3. Spousal Support - Whether the higher-earning spouse has to pay the lower-earning spouse to maintain financial stability? If so, how much and for how long?
4. Property Division - How will marital assets and debts be divided between the parties?

Divorce can be one of the most difficult experiences of your life. Even the most amicable situations may turn contentious. Our Rossmoor divorce attorneys are here to provide the care, clarity, and support you need during this difficult time. We’ll help you navigate complex issues like child custody & property division and work tirelessly to obtain the best possible results in your case.

Child Custody & Visitation

Child custody in California is decided as per the best interests of the child standard. The courts try to ensure the child has a strong relationship with both parents (unless a parent is a danger to the child), allowing the parents to develop an agreement that includes the custody arrangement, time sharing arrangement, and visitation schedule.

There are two types of custody:

1. Physical custody refers to where the child will live. For instance, if the child primarily resides with one parent, that parent is said to have physical custody.
2. Legal custody concerns the right to make important decisions for the child in healthcare, education, religion, and other matters.

In addition, there are two types of custody arrangements:

1. In joint custody arrangements, the child resides with both parents equally (or nearly equally). For instance, if a child spends 60% of their time with one parent and 40% with the other, it is still considered joint custody.
2. In sole custody arrangements, the child resides with one parent most of the time. In this arrangement, the parent not having custody will usually have visitation rights to spend time with the child.

Choosing Jos Family Law for your child custody case means entrusting your child to professionals who excel in family law & child custody matters. We follow a personalized approach tailored to your child’s unique needs and best interests. You can rely on our experienced advocacy to protect your parental rights as well.

Child Support

Under California law, both parents are legally responsible for supporting their minor children. Child support is usually paid by the non-custodial parent to the custodial parent as monthly payments until the child attains 18 years (19 years if still in high school). If custody is shared, the court will direct the higher-earning parent to pay child support.

The aim is to cover the child’s basic expenses, such as food, clothing, shelter, extracurricular activities, health insurance &daycare costs, etc.

The court will assess several factors to determine child support arrangements, such as:

1. The amount of time the child spends with each parent
2. The income & earning capacity of each parent
3. The number of children
4. Other discretionary factors

The parties can request a modification if a parent can no longer contribute or if the child no longer needs support. If a parent refuses to pay child support, the co-parent can ask the court to enforce the payment. The court will garnish wages or take other appropriate action to collect all child support payments owed.

Child support battles can get messy, especially if you and your ex disagree on how child support should be handled. Our Rossmoor child support attorneys are highly experienced in child support cases. Whether you seek to establish, enforce, or modify child support, we’ll help you navigate your case with confidence.

Spousal Support (Alimony)

Spousal support is paid to the lower-earning or non-earning spouse after a California divorce or separation. It intends to help the supported spouse maintain a standard of living comparable to what was established during the marriage.

Alimony is not automatically granted like child support. The court will assess various factors like the length of the marriage, age & health of both parties, earning capacity of both spouses, and contributions to the marriage, to determine whether spousal support should be paid.

There are two types of spousal support in California:

1. Temporary Spousal Support - Paid while the divorce proceedings are underway
2. Permanent or Long-term Spousal Support - Paid after the divorce is finalized for a specific duration.

A spousal support order can be modified if the material circumstances of either spouse have changed. Instances like job loss, income changes, and other situations may warrant a modification. Alimony can also be terminated before the court-set date if the supported spouse remarries or enters into a domestic partnership. The death of either party will also terminate spousal support.

Every spousal support case is unique, requiring a personalized approach that considers the needs and circumstances of both parties. At Jos Family Law, we prioritize honest & open communication between you and your ex to reach a fair resolution aligned with your long-term goals. Whether inside or outside the courtroom, our alimony lawyers in Rossmoor will strive to achieve an outcome that minimizes conflict and ensures the well-being of both sides.

Property Division

When a California marriage is dissolved, all marital property (jointly owned assets & debts) is equally divided between the spouses. This is the basis for community property laws, where real estate, stock investments, bank accounts, retirement funds, vehicles, insurance, intellectual property, jewelry, art, collectibles, etc., acquired during the marriage is split evenly, regardless of whose name is on the title.

However, there are exceptions to community property laws:

1. Separate Property - Includes property acquired before the marriage or after separation or received as an inheritance or gift. Separate property remains under the ownership of the respective party and is not divided after divorce.
2. Marital Agreements - Equal division of marital property may be upended by prenuptial or postnuptial agreements if the spouses have agreed to split assets differently.

The property division lawyers at Jos Family Law can help you navigate the complexities of property division. We will prepare all documents, identify community versus separate property, negotiate with the other party, or protect your interests at court by ensuring fair & equitable distribution.

Domestic Violence & Restraining Orders

Unfortunately, some divorces may include situations where the safety of a spouse or children is threatened. The law gives protection to victims of physical, emotional, psychological, sexual, or financial abuse by issuing restraining orders.

An emergency or temporary restraining order is issued on an ex-parte basis that limits contact between the abuser & the victim until a full hearing. The protected person may then seek a final or long-term restraining order valid for up to 5 years.

If issued, a restraining order may include:

1. Limitations on the physical proximity between the abuser & the protected person and children
2. Limitations on contact between the parties and their children
3. Temporary child custody, support, & property division orders

With a clear understanding of the law and legal procedures, we can urgently execute restraining orders. Representing victims & defendants of domestic violence, the attorneys at Jos Family Law have 55 years of combined experience in establishing & contesting protective orders to ensure client’s safety and security.