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Family Law Attorneys in San Diego

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Understanding Family Law in California

Family law in California deals with legal issues related to families and domestic relationships. It covers a broad range of topics such as divorce, child custody, adoption, spousal support, paternity cases, prenuptial agreements, postnuptial agreements, and domestic violence. Understanding family law in California is important for anyone who is going through a family-related legal issue.

One of the most common family law issues in California is divorce. In California, a divorce is called a “dissolution of marriage.” California is a “no-fault” divorce state, which means that a spouse does not have to prove that the other spouse did something wrong in order to get a divorce. The only requirement is that one spouse must state that the marriage is irretrievably broken. In a dissolution of marriage, the court will divide the property and debts of the parties and make decisions about child custody, visitation, and support.

Navigating the divorce process is a difficult time. Below are some key areas most couples must have a tight handle on throughout their journey.

Navigating Child Custody in California

Navigating child custody in California can be a complex and emotional process, but understanding the laws and procedures can help make the experience more manageable. In California, child custody is determined based on the best interests of the child, which takes into account factors such as the child’s age, health, and relationship with each parent. The court may consider the child’s preferences if they are mature enough to express them, but ultimately the decision is based on what the court determines to be in the child’s best interests.

There are two types of child custody in California: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody refers to where the child will live and who they will spend time with on a day-to-day basis. Custody arrangements can range from joint custody, where both parents share legal and physical custody, to sole custody, where one parent has primary physical and legal custody.

Child Support in California

Child support is an important aspect of family law in California. When parents separate or divorce, the court may order one parent to pay child support to the other parent in order to help support the child’s financial needs. Child support is calculated based on a formula that takes into account the income of both parents, the amount of time each parent spends with the child, and other relevant factors. The purpose of child support is to ensure that both parents contribute financially to the support of their child.

In California, child support payments are generally made until the child reaches the age of 18 and graduates from high school, or reaches the age of 19, whichever occurs later. However, in some cases, child support may be ordered to continue beyond this age, such as if the child has legally become an adult but is unable to work due to having special needs. It is important to note that child support orders can be modified if there is a significant change in circumstances, such as a change in income or a change in the child’s needs. An experienced family law attorney can help you with all family law matters, like navigating the child support process in California and ensure that your rights and the best interests of your child are protected.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are legal documents that alter the default application of California law to the spouse’s property and/or support rights as a result of the marriage. A prenuptial agreement is created before the marriage, while a postnuptial agreement is created after the marriage. There are numerous technical requirements that must be followed in the creation and execution of a prenuptial or postnuptial agreement in order for it to be valid.

Hiring an experienced family law attorney in San Diego is crucial when creating prenuptial or postnuptial agreements. A family lawyer can help ensure that the agreement is legally binding, fair, enforceable, and can help negotiate the terms of the agreement to protect your rights and interests.

Hiring a Family Law Attorney that Specializes in San Diego

Hiring a San Diego family law attorney who specializes in the areas of divorce and family law can provide valuable insight, guidance, and representation throughout the legal process for cases involving divorce, child custody, child support, spousal support, property division, and prenuptial or postnuptial agreements. The attorney’s familiarity with the local courts, judges, and procedures can help protect clients’ rights and interests, while their experience and knowledge can provide informed decision-making and effective negotiation or litigation strategies. Choosing an attorney with a track record of success in handling family law cases in San Diego and who is responsive and communicative can ensure that your rights are protected and you are able to achieve the best outcome from your case. The family law attorneys at the Fair Cadora family law firm have over 40 years of experience handling divorce and family law cases in San Diego.

Schedule a Consultation with a Family Law Attorney in San Diego

At Fair Cadora, we specialize in family law and offer a team of experienced divorce attorneys who can provide expert legal services for clients facing various family law issues, including divorce, property division, child custody, and support. We take the time to listen to our clients’ concerns and answer their questions during an initial consultation where we determine the best legal options for their case. Our team is dedicated to providing personalized attention and support to clients throughout the legal process to help them achieve the best possible outcome. If you need a family law attorney in San Diego, contact us today to schedule a strategy session with one of our experienced attorneys.

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Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

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Frequently Asked Questions

Child custody decisions in California are based on the best interests of the child. Factors such as each parent’s ability to provide a stable environment, the child’s age, and the child’s relationship with each parent are considered.

To file for divorce in California, one spouse must meet the residency requirements, complete the necessary forms, and file them with the court. The process includes serving the other spouse, the preparation and exchange of financial disclosures, and resolving issues like property division and spousal support. The specific process varies by case and can be discussed in detail with one of our attorneys.

Spousal support in California is determined by factors such as the length of the marriage, each spouse’s earning capacity, and contributions to the marriage, among others. Temporary support may be ordered during divorce proceedings, and long-term support is based on various considerations set forth in Family Code Section 4320.

Yes, California allows grandparents to seek visitation rights under certain circumstances. These requests can be challenging when opposed by one or more of the child’s parents.

Community property in California includes assets and debts acquired during the marriage. Upon divorce, community property is generally divided equally between spouses, with some exceptions. This includes various aspects of divorce such as real estate, bank accounts, and retirement assets. In many cases, a family law practice will help evaluate how real estate and other shared property should be handled. Because property division is pivotal in divorce proceedings, it’s essential to work with experienced family law lawyers to ensure a fair and accurate division.

Child custody decisions in California are based on the best interests of the child. Factors such as each parent’s ability to provide a stable environment, the child’s age, and the child’s relationship with each parent are considered.

To file for divorce in California, one spouse must meet the residency requirements, complete the necessary forms, and file them with the court. The process includes serving the other spouse, the preparation and exchange of financial disclosures, and resolving issues like property division and spousal support. The specific process varies by case and can be discussed in detail with one of our attorneys.

Spousal support in California is determined by factors such as the length of the marriage, each spouse’s earning capacity, and contributions to the marriage, among others. Temporary support may be ordered during divorce proceedings, and long-term support is based on various considerations set forth in Family Code Section 4320.

Yes, California allows grandparents to seek visitation rights under certain circumstances. These requests can be challenging when opposed by one or more of the child’s parents.

Community property in California includes assets and debts acquired during the marriage. Upon divorce, community property is generally divided equally between spouses, with some exceptions. This includes various aspects of divorce such as real estate, bank accounts, and retirement assets. In many cases, a family law practice will help evaluate how real estate and other shared property should be handled. Because property division is pivotal in divorce proceedings, it’s essential to work with experienced family law lawyers to ensure a fair and accurate division.

No, sole legal custody and sole physical custody are not the same in California. Sole legal custody refers to who makes major decisions for the child, while sole physical custody determines the child’s primary residence.