Effective Legal Solutions

In  a Dissolution of Marriage in the State of California, all  community  property must be equally divided, absent an agreement to the  contrary.   Therefore, a fundamental determination must be made as to the   character of all property.   It is presumed that if an asset is   acquired during the marriage that it is community property.   The  burden  of proving that an asset is separate property is on the party  claiming  the separate property interest.

Was  the property owned by a property prior to marriage and therefore  ones  separate property?  Was an asset gifted to a party thereby   distinguishing the property as one’s separate property?   Determining   the characterization of property is not always a straight forward  issue.   Often assets are commingled and require the individual claiming  the  separate property characterization of the asset to provide a  tracing of  the separate property.

In  order to divide a community property assets equally, the value of  an  asset must be determined.  Often this involves obtaining  documentation  through discovery, an appraisal or business valuation.  

Domestic  Violence is a serious and all too frequent problem.  If you are reading  this but afraid or unable to contact us, please know that there is a  Domestic Violence Self-Help Clinic at the Courthouse to help you.  Call  911 if you are in immediate physical danger.  There are many resources  to help you, including the Women's Resource Center.

Domestic  Violence takes on many forms as discussed in Family Code Section 6345.   It is not limited to physical contact.  Breaking things, blocking a  door, putting a foot behind a tire, threats, harassment, incessant  texting, and other behaviors meant to intimidate, scare, or control can  be prohibited by the court.

Unfortunately,  sometimes people try to use allegations of domestic violence to attempt  to influence custody or remove the other parent from the home.  We are  experienced in dealing with that too.

Mediation  is a process whereby the parties to a divorce meet with a  neutral  certified family law specialist in an attempt to resolve their   disputes.  These disputes may include child custody, child support,   spousal support and division of property and debts.

Sometimes  this involves a few meetings and sometimes many, depending  on the  complexity of the issues.  The process is confidential,  voluntary, and  the information protected from use in contested  litigation in Court.  

In  mediation the parties have the power to participate in decisions  which  will affect their lives and the lives of their children.  They are  not  leaving those decisions to a Judge who may or may not be familiar  with  them or their issues.  For many mediation can save time, money and  the  stress involved in a traditional divorce. benefits.

We provide legal services for uncontested divorce cases. Our attorneys will work with you and your spouse to reach a mutually beneficial agreement and finalize your divorce without going to court.

Child  custody and visitation issues are often the most emotional and   important issues involved in the breakdown of a relationship.  The   decisions made relating to children impact all parties for years to   come.  When making an initial determination of custody and visitation,   the court uses a best interest standard.   Parties are required to   participate in mediation through the court sponsored Family Court   Services.  If the parties are unable to reach an agreement through the   mediation process, the mediator will make a recommendation to the  court.

The  court will make both legal custody orders and physical custody  orders.   A party with legal custody has the ability to make decisions  relating  to a child’s health, safety, education, and welfare.   Often,  parents  share joint legal custody.  Physical custody orders relate to  the day  to day child sharing arrangements.  The court promotes frequent  and  continuous contact with both parents provided such contact is in the   best interest of the minor children.  

Child  Custody and Visitation orders previously made can be modified  if a  modification is in the best interest of the minor children and in  some  cases if there has been a change in circumstances since the prior   order. 

A  common custody issue that arises are “move away” requests by one   parent.  If one parent is requesting an order allowing them to relocate   with the minor children, the court must determine whether it is in the   best interest of the child to relocate with the moving parent or  remain  with the non moving parent.  In determining whether the best  interest of  the child in relation to a move away request the court will  consider  numerous factors included but not limited to:

1) the children’s interest in stability and continuity in the custodial arrangement; 

2) the distance of the move; 

3) the age of the children; 

4) the children’s relationship with both parents; 

5)  the relationship between the parents including, but not limited  to,  their ability to communicate and cooperate effectively and their   willingness to put the interests of the children above their individual   interests; 

6) the wishes of the children if they are mature enough for such an inquiry to be appropriate; 

7) the reasons for the proposed move; and

8) the extent to which the parents currently are sharing custody.

We provide legal representation and advice for high net worth divorce cases. Our attorneys are experienced in handling complex financial issues and will work tirelessly to protect your assets and interests.

In  California, both parents have a legal duty to provide financial   support for their children.  The Court may order either or both parents   to make regular payments to cover a child’s living and medical  expenses.

The  amount of child support is determined by a number of factors,   including the incomes of each parent, the amount of time each parent   spends with the child, and some qualifying expenses of the parents and   child.  As may be expected, each of these factors has nuances and   challenges in determination.  The Family Law Lawyers at Greenman, Lacy,   Klein, Hinds, Weiser can help ensure that the property amount of child   support is determined based on your circumstances.   

The  goal of spousal support is to reduce the economic divide and  impact of  divorcing spouses.  Spousal support is within the discretion  of the  court.   It is the goal that the supported party become self  supporting  within a “reasonable period of time.”  In marriages that are  less than  10 years in duration, a “reasonable period of time” is  generally  defined to be ½ of the length of the marriage.  In marriages  in excess  of 10 years in duration there is not a specific guideline to  define a  “reasonable period of time.”   The facts of each case will  dictate the  duration of spousal support.  

In  all cases, absent an  agreement, spousal support terminates upon the  death of either party or  the remarriage of the supported spouse.

Unlike,  child support, there is not a formula that is used to  calculate  spousal support.   In determining spousal support, the court  must  consider a variety of factors outlined in Family Code Section 4320   which include but are not limited to:

(1) the earning capacity of each party;

(2)  The extent to which the supported party contributed to the  attainment  of an education, training, a career position, or a license by  the  supporting party;

(3) The ability of the supporting party to pay spousal support; 

(4) The needs of each party based on the standard of living established during the marriage;

(5) The obligations and assets, including the separate property, of each party;

(6) The duration of the marriage;

(7) The ability of the supported party to engage in gainful employment;

(8) The age and health of the parties;

(9) Documented evidence of any history of domestic violence;

(10) Any other factors the court determines are just and equitable.

Previously  issued spousal support orders are potentially subject to  modification  based upon a showing of a change of circumstances.

We provide legal representation and advice for same-sex divorce cases. Our attorneys are experienced in handling the unique legal issues that arise in same-sex divorces and will work to ensure that your rights are protected.