FAMILY LAW OFFICES OF ALAN SHIFMAN
DIVORCE - LEGAL SEPARATION - MEDIATION - CUSTODY - VISITATION - CHILD SUPPORT - SPOUSAL SUPPORT - PROPERTY - DOMESTIC VIOLENCE - MARITAL AGREEMENTS - ESTATE PLANNING _____________________________________________________________________________________ | |||
| FAMILY LAW ATTORNEY WITH 24 YEARS OF LEGAL EXPERIENCE Prospective clients often ask me why clients choose me instead of many other qualified family law attorneys. The answer is simple. Since 1986, I have provided sophisticated legal advice to clients. With my C.P.A. background, I see more than just a divorce, I see financial ramifications which must be analyzed. Coming from a divorced home myself, I see the needs of the children from a personal perspective. I provide a practical element to family law issues. I will tell you what I think, not what you want to hear. I let other attorneys do that. I will not compromise my opinion just to get your business. In general, I handle substantially all of the case work and personally attend hearings. I don't pass you on to another attorney or paralegal. You hire me and work with me. You get my personal attention. Some of my Clients work for successful companies such as GOOGLE, YAHOO, CISCO, LAM RESEARCH, HP and other high tech companies. DON'T LET UNSCRUPULOUS LAWYERS TAKE ADVANTAGE OF YOU IN A VULNERABLE SITUATION. YOUR EMOTIONAL AND FINANCIAL INTERESTS ARE MY PRIORITY. REASONABLE HOURLY RATES.
Grounds for dissolution in California.
In addition, you or your spouse must have lived in California for six months and in your county for three months before filing a petition to dissolve your marriage. There is no residency requirement for filing for legal separation. Temporary Restraining Orders and Restriction of Travel with Minor Children during the divorce process. There are temporary restraining orders (rules prohibiting both of you from doing certain things) that go into effect automatically when the divorce process begins. Neither party will be allowed to take minor children out of state without the other spouse’s written permission or a court order. Nor will either of you, in most instances, be allowed to cancel or change the beneficiaries on your insurance policies. You will be required to notify your spouse before any out-of-the-ordinary spending—and be prepared to account for such expenditures to a judge. These requirements are described on the back of the divorce Summons. Options in handling a divorce. There are several alternatives, including the following:
Factors such as time, cost, relations between the parties, and control may affect the choice of alternatives. Legal separation or an annulment instead of a divorce. Legal separation or an annulment may be granted without having lived in California for six months or your county for three months before filing.
Filing for dissolution Our office will prepare the forms called the Petition and Summons and then file the Petition and Summons with the clerk of the superior court of the county where you or your spouse lives. There is a filing fee for these papers unless you have a very low income and qualify for a fee waiver. We arrange for a copy of the Petition, the Summons, and a blank Response to be served on your spouse. The Summons gives notice to your spouse that you are filing for a dissolution and that he or she has 30 days in which to file the Response. The Summons also contains restraining orders that prohibit you and your spouse from removing your minor children from the state without the other spouse's approval, disposing of property without the other spouse's or court's approval, and canceling or changing insurance policies. There are several steps that may occur after you file.
Domestic Violence If your spouse injures you or anyone else in your household, call the police immediately. The police can, if warranted, contact an on-call judicial officer and issue an Emergency Protective Order ("EPO"). This would legally prohibit your spouse from coming within a certain distance of you. It also may grant you temporary custody of your children and bar your spouse from the family home. An EPO remains in effect for five court days. To obtain a longer-term restraining order, you would need to file for a Temporary Restraining Order. Discovery to find iformation about income, property and finances There are several legal procedures known as "Discovery" to obtain information about income, assets, debts and other relevant facts, including depositions, interrogatories, request for admissions, and inspection demand relating to important documents. Third party information (such as an employer, bank or school), we will prepare a subpoena requiring them to appear with the documents in court or at our office. Division of Property Under California law, both spouses are deemed to make valuable contributions to a marriage. Most property will be labeled either community property or separate property.
Spousal support Spousal support helps support the other after the filing of a dissolution. The spouse receiving such support will pay federal and state income taxes on it, and the one making such payments will be entitled to a tax deduction. Courts consider several factors in determining the amount of support, such as the standard of living during the marriage, the length of the marriage, and the age, health, earning capacity and job histories of both individuals. If the marriage lasted less than 10 years, it is unlikely that a judge will order spousal support for longer than half the length of the marriage. Perhaps neither of you need spousal support. Since circumstances can change (you could become ill, for example, or lose your job), you may ask the judge to reserve jurisdiction to order spousal support in the future. (The judge will be more likely to do this if your marriage lasted 10 years or close to it.) This will leave the door open so you can ask for such support at a later time. Child Support In general, both parents are responsible for supporting the children if they are under age 18. The amount of support is based on established guidelines utilizing factors including each parent’s income and the amount of time each parent cares for the children. Child support is not treated as income for federal and state tax purposes, and the parent paying is not entitled to a tax deduction. If necessary, you may request a wage assignment order. This is an order that requires a parent’s employer to make child support payments directly to the parent entitled to receive support. If the parents are unable to agree on custody or visitation, the Court will make the decision for you. Before any hearing or trial involving child custody or visitation, both parents are required to meet with a trained counselor hired by the court. The counselor will try to help you agree on a custody and parenting plan. These sessions are arranged through Conciliation Court or mediation offices, and are held in private offices located in the courthouse. In some counties, the assigned mediation court counselor will submit a recommendation to the judge even if you and your spouse did not reach an agreement. In other counties, these sessions are entirely confidential and the counselor can only report agreements reached by the parents. Depending on the nature of the custody dispute, the judge may order a psychological evaluation of the family as well, and may appoint an attorney to represent the children. If an attorney is appointed for your child, you and the other parent may be required to bear all or part of the cost. The Court may grant custody to one or both parents, or, in some cases, to another adult based on the best interests of the child. Considerations include the child’s health, safety and welfare, as well as any history of abuse by one parent.
Try to keep in mind that the actual time spent with your children is probably more important than the legal terminology used to describe the arrangement. Also, the specifics of such custody orders can vary. For example, a judge who orders joint legal and physical custody may name one parent as the primary caretaker and one home as the primary residence. A Court might order sole physical custody to one parent and supervised or no visitation to the other if it appears that a parent may present a threat to the child’s welfare or safety. Offices: Sunnyvale, Woodland Hills, Newport Beach and Pleasant Hill | ||