Family Lawyer Cypress

Our Areas of Practice

• 1. Divorce Attorney in Cypress

  The decision to divorce does not come easy. It can upend the financial and emotional stability of the whole family. In divorce, the dissolution of marriage is usually accompanied by child custody, alimony, child support, and property division. Majorly, divorcing spouses in California have two ways to finalize marriage dissolution:

  1. Contested Divorce

     The spouses have conflicts regarding custody, support, alimony, and property division. Even disagreeing on one of these issues can make a divorce contested. Contested divorces are determined by the judge, applying California family laws. A contested divorce can be emotionally charged and easily devolve into bitter disputes. An aggressive and experienced Cypress divorce attorney can make the difference between a prolonged battle and a speedy resolution.

  2. Uncontested Divorce

     An uncontested divorce is when both parties agree to resolve key issues like custody, support, and property division by themselves. It may involve negotiation or mediation, creating a convenient process to make the divorce quick and less costly. The settlement agreement created by the parties covers important aspects like how the spouses will handle parental rights and responsibilities, manage expenses, and divide co-owned assets & debts.

     Even if your divorce is uncontested, you should hire a divorce attorney to help you prepare or at least review the settlement agreement. Jos Family Law provides clients with a stress-free experience, ensuring their divorce is finalized as smoothly and favorably as possible.

• 2. Child Custody Lawyer in Cypress

  Child custody and visitation issues in California can be highly complex and emotionally charged. During this difficult time, it is important to understand your rights and responsibilities under the law.

  Child custody laws detail the parental rights and responsibilities after a divorce or separation. In California, this involves determining physical custody (where the child will live) and legal custody (who makes important decisions regarding the child’s well-being). When deciding whether the parents should get joint custody or sole custody, the court will prioritize the best interests of the child. Decisions are made on a wide range of factors, including:

  1. The child’s physical and emotional needs
  2. The ability of each parent to care for the child
  3. The child’s relationship with each parent
  4. Parental history of substance abuse, domestic violence, or child neglect
  5. The child’s wishes (if age-appropriate)

  Joint custody allows the parents to make decisions regarding the child’s education, healthcare, and religious upbringing. It may also include the child spending equal, or nearly equal, time with both parents. However, in sole custody, these rights are only granted to one parent.

  Whether you are seeking sole custody or want to share parental responsibilities, it is crucial to understand the child custody laws in California. To improve your chances of success, you need a Cypress child custody lawyer by your side. The outcome of your child custody case directly affects your child’s upbringing and your bond with them. When your family dynamics change, we will protect your interests and those of your child.

• 3. Child Support Attorney in Cypress

  Child support is the financial support paid by parents to ensure their child’s needs are fulfilled. Usually, the custodial parent receives child support from the non-custodial parent. If the parents spend an equal amount of time with the child, the higher-earning parent will be responsible for paying child support. Child support is intended to cover the basic living expenses of the child, such as housing, clothing, groceries, extracurricular activities, etc. It usually lasts until the child reaches 18 years of age.

  The court uses a standard formula to calculate how much child support should be paid. The amount is based on:

  1. The gross income of each parent
  2. The earning capacity of each parent
  3. The number of children to be supported
  4. The amount of time the child spends with each parent
  5. Child care & health insurance expenses
  6. The child’s needs, including any special needs (disability)

  If both parents agree on the amount of support to be paid, they can create an agreement. With the help of a child support attorney in Cypress, they can ensure it stands up in court. If you and your spouse cannot reach an agreement, the court will decide on your behalf using the standard formula.

  If you are at loggerheads with the other party regarding child support, you need a family law attorney you can trust. Jos Family Law will work hard to provide personalized attention to resolve your case in your child’s best interests.

• 4. Spousal Support & Alimony Lawyer in Cypress

  Usually, one spouse pays monthly payments to the lower-earning spouse after a divorce in California. This is called spousal support (also known as alimony). Spousal support aims to reduce the unfair financial effects of a divorce on the lower-earning spouse. It ensures the supported spouse can maintain their standard of living until they can support themselves.

  The court may award temporary or permanent spousal support based on various factors, considering:

  1. Age & health of the parties
  2. The present and future earning capacity of each party
  3. Tax consequences to each party
  4. The standard of living established during the marriage
  5. Length of the marriage
  6. Whether either party contributed to the other’s education or career development

  Temporary spousal support lasts until the date specified in the order, whereas permanent spousal support lasts until the lifetime of the supported spouse. Permanent alimony ends with the death of either party or remarriage of the supported spouse. It should be remembered that spousal support can also be modified at a later date if the court finds reasonable grounds for a material change in circumstances.

  The Cypress alimony lawyers will negotiate or litigate on your behalf to ascertain the amount of alimony you should pay or receive. We’ll help you understand your rights and provide the legal representation you need so you and your ex-spouse can get on with your lives.

• 5. Cypress Property Division Lawyer

  California is a community property state. This means that all assets and debts acquired by the spouses during the marriage will be divided equally during divorce. The court will ensure a 50/50 split of all marital property while leaving out separate property owned by the spouses. Here’s how it works:

  1. Community Property

     Only community property, or marital property, is divided in a California divorce. Community property laws dictate that all assets and debts acquired by either spouse during the marriage will be equally divided. A few examples of marital property include real estate and cash, stocks, securities, bank & retirement accounts, business interests, intellectual property, jewelry, etc.

  2. Separate Property

     Separate property is exclusively the property of the spouse who owns it. The court does not divide separate property after a divorce. Separate property is any asset or debt incurred before the marriage or received as a gift or an inheritance.

  3. Commingled Property

     Sometimes, spouses may commingle property or mix their separate property with marital property. Mixing property can make the division process much more complicated.

     It is also not uncommon for one spouse to undervalue or hide assets. The court may call upon independent experts like forensic accountants and business appraisers to assist with the division process. Jos Family Law can arrange a favorable distribution of marital assets after you and your ex-spouse separate. From the classification of assets to valuation and division, we will manage the whole process to ensure the fairest outcome for you.

• 6. Domestic Violence & Restraining Orders

  Abuse can happen anytime to anyone, but California law offers protection to victims in the form of domestic violence restraining orders (DVRO). The court issues DVROs to protect victims against abuse from an intimate partner or family member. An intimate partner may include a current or former spouse, a dating partner, or the other parent of a child. A DVRO can also be issued against in-laws, stepparents, and siblings.

  There are three types of restraining orders in California:

  1. • Emergency Protective Order (EPO):An EPO is initiated by law enforcement and issued by a magistrate. Valid for 5-7 days, it provides immediate protection to the victim until they file a civil order.
  2. • Temporary Restraining Order (TPO): A temporary restraining order is issued by the court on an ex-parte basis to accord protection to the victim until a full hearing. TROs are valid for 21 days.
  3. • Restraining Order After Hearing (ROAH): This order is issued once the judge conducts a full hearing where both parties present evidence and witness testimonies. If the judge finds reasonable grounds to issue a ROAH, it will pass an order that may last up to 5 years.

  DVROs protect the victim and their children by preventing the abuser from contacting or coming near them. A family law attorney can help obtain a DVRO to stop the cycle of abuse. We will present persuasive evidence to the court and cross-examine the abuser to reveal how they have violated your right to live in peace, ensuring you get a DVRO with the right terms that protect you and those you care for.