California Family Law Is Complicated and Strict
Orange County Family Law Attorneys Explain What You Should Know
Family law issues are often some of the hardest cases to be involved in. They take a toll on everyone involved, adults and children alike. It is important to understand all the intricate ins and outs of California family law as it consists of a complex series of statutes, local rules and procedures. If you want to file for divorce, are seeking custody and/or child support or spousal support — or going through another family law matter — then it is in your best interest to hire an experienced family lawyer. He or she can protect you and all that you hold dear.
Our divorce attorneys know and understand California family law like it was our favorite novel. Any of our talented Orange County family law attorneys can help with your case regardless of the circumstances leading you to seek legal action. We are in the business of helping people and that is exactly why we get out of bed every day. We are not only familiar with state and federal family laws, but also with many courts and judges. This familiarity lends us a cool confidence when it comes to representing clients during one of the most dire and stressful times in their lives.
What Are Some Common Family Law Issues?
When a person seeks a family lawyer, it is not always for a negative reason. He or she could be preparing for the future by filing a prenuptial agreement, for example. However, there are of course the instances in which the situation can become heated and emotional, such as in the event of divorce. Whether your reason is preventative, negative or positive you will benefit from having an experienced family law attorney by your side to protect you.
Our Orange County family law attorneys can assist with a variety of family law matters, including:
- Child Custody
- Child Support
- Spousal Support
- Military Divorce (different state and federal laws are involved as opposed to a civilian divorce)
- Paternity Law
- Restraining Orders and Domestic Violence
- Restraining Order Defense
- Prenuptial Agreements and Post-Nuptial Agreements
If you are facing any of the above situations, then you should consider calling a qualified family law attorney immediately. Local Orange County family law attorneys will know how best to protect you and your family in the event of a family dispute. They can even help you file restraining orders and temporary permanent custody if you feel like you are in danger from an estranged spouse — like if domestic violence or child abuse was involved, for example.
What Should I Know About California Family Law?
The state of California takes the concept of family very seriously, especially if there are children involved. While it is best to have an experienced family law attorney by your side to protect you during family law proceedings, you can still benefit from knowing some preliminary information regarding how California handles basic family law.
The following are eight useful facts to know before filing a family lawsuit in the state of California:
- California is a “no-fault” divorce state. This means that you do not have to prove that your spouse committed an act of wrongdoing in order to divorce him or her. For example, filing for divorce by simply citing “irreconcilable differences” is sufficient. One spouse could even contest the divorce and you can still file.
- Prior to filing for divorce, you or your spouse must have lived in California for at least six months.
- California does not recognize “common law marriage” — otherwise known as “informal marriage”. You must have been officially married to your spouse with a legal wedding certificate or other form of officially recognized proof.
- Divorcing parents must attend mediation sessions if they have disagreements about child custody. If they cannot agree on a plan, then the mediator will come up with his her or own plan to present to the judge during the custody hearing.
- Parents may be asked to take drug tests when seeking child custody. If you test positive, then those results could ultimately affect your child visitation and custody rights.
- California’s community property laws call for equal property distribution of marital assets during a divorce. However, couples often disagree about what counts as marital property since separate property is not part of the community property division. A lawyer can be especially helpful in situations involving property dispute as they are an unbiased third party who only has your best interests in mind.
- California prenuptial agreements have no authority over child support or child custody issues, only property and other relevant assets.
- If you and your registered domestic partner’s child was born before January 1, 2005, then California law assumes that both of you are the child’s parents. Otherwise, you have the right to contest paternity should you see the need.
Have Questions? We Can Answer Them — Call Today
Going through a family dispute is a hard situation that often leaves people feeling overwhelmed, stressed and emotional. We opened Orange County Family Law Associates to help people who do not know where to turn. Our friendly compassionate divorce attorneys adapt their strategies to fit your unique situation in order to maximize your chance of success. It is our goal that you walk out of our California family law firm with a peace of mind about your situation and your family’s future.
To learn more, schedule a free consultation with us today. There is no charge to meet with any of the Orange County family law attorneys at our firm. Further, we offer competitive attorney fee rates for divorce and other family law cases with adjustable retainers depending on the complexity. Call today or fill out an online contact form to get started.