Family Law
The family law attorneys at The Solutions Law Center provide capable, caring, and effective representation to people in Los Angeles, San Diego, and all of Southern California who are going through a divorce and need a lawyer to make sure their rights and interests are protected in the areas of child custody and support, spousal support (alimony), the division of community property, and other important issues. We utilize our skills in negotiation and mediation to work out peaceable settlements wherever possible, and litigate matters in court only when necessary to protect our clients' best interests.
Child Custody and Visitation
When a marriage has produced children, issues of custody and visitation are often the most important and vigorously contested issues in the divorce. Although the court usually orders some form of joint custody, the division of time is not always equal, and one parent is generally given primary custody. Sole custody may be awarded when the court deems it to be in the child's best interests, depending upon the age and gender of the child, or if there is any history of child abuse or domestic violence involving one of the parents.
When custody is shared, the court will order a visitation plan the sets out the time each parent spends with the child, and the schedule that will be implemented. The court can order supervised visitation if it is in the child's best interests, with supervision conducted by a professional agency, another adult, or the custodial parent.
Child Support
Both parents have a legal obligation to support their children financially. In most cases, this means that the court will order child support to be paid by the non-custodial parent to the parent with sole or primary custody. The monthly amount is calculated according to statutory guidelines based on income and other factors, but the judge has discretion to deviate from the guideline amount when circumstances warrant it.
Spousal Support
Spousal support is not ordered in every case, but it may be ordered to be paid to either the husband or the wife, either for a definite period of time, or for an indefinite period until the receiving spouse dies or remarries. The support amount is based upon a number of factors, such as the length of the marriage, the age and health of the parties, and the financial needs and abilities of each party.
Property Division
Since California is a community property state, each divorcing spouse owns a one-half interest in every piece of marital property, and the job of the judge is to divide the community property equally between the parties. It is very important, therefore, that every piece of property be properly characterized as separate or community property, and that it be properly valued. These determinations are not always easy, and the parties can disagree over the characterization and valuation of a particular asset, such as one spouse's share in a business or interest in a pension plan.
Modifications
Custody and support orders are usually established for a definite time period or until the happening of some event or condition. In order to modify an existing court order, one must go to court and convince the judge that circumstances have changed enough to justify a modification of the order. For instance, a change in the income or expenses of one of the parents or the children may justify a change in child support, or the desire of the custodial parent to relocate out-of-state may require a change in the custody and visitation plan.
Effective Legal Representation is Key
In every issue in divorce mentioned above, the judge has discretion on how to rule based on the evidence and arguments presented by the parties and their attorneys. Capable, effective representation is the key to protecting your rights and achieving your goals in a divorce. Don't give up important rights as part of your divorce, and don't trust your divorce to just any attorney. Let The Solutions Law Center find the solution that is right for you. If you are contemplating a divorce or need assistance with another family law matter, contact The Solutions Law Center for a free consultation.