Practice Areas
PRACTICE AREAS
DIVORCE
The divorce process can be a difficult time. It often feels like your life is chaotic and out of control. There is fear of the unknown. By working with my clients to identify the issues and strategize as to how to approach those issues, it will become a time to look to the future. I work with my clients to protect their rights and the interests of their children. While some marriages can be dissolved amicably and without court appearances, others require that the judge make orders. Because my practice is devoted exclusively to family law, I am experienced in litigating divorce cases, and negotiating divorce and settlement agreements. Based on my extensive experience in the all areas of family law, I able to advise and represent my clients in matters involving:
CHILD CUSTODY AND VISITATION
In California, courts presume that the parties will share joint legal custody of their children and share the responsibilities for making decisions on their behalf. Physical custody of the children can be shared, or one parent may have primary custody with other parent having visitation.
Access to their children is often one of the most important issues for a client. It generally better for the children if a custody agreement can be negotiated. However, in California, when parents cannot reach an agreement, they are required to attend mediation with Family Court Services. Whenever there is a dispute between parents regarding their children, the issue for the court is not who is the good parent or the bad parent. The issue is what is in the best interest of the children.
I work closely with my clients to develop a parenting plan that best meets the needs of the children. Most judges rely heavily on the recommendations of the Family Court Services mediator so it is important to be prepared for mediation. I prepare my clients for mediation with Family Court Services and advise them how to best present their proposal for sharing custody of their children. Lawyers and judges are not present during mediation sessions so it is important to know what to expect and how to present yourself and your thoughts regarding how to best meet the needs of your children.
PROPERTY, ASSETS & DEBTS
California is one of nine community property states. Community property generally includes personal property, bank accounts, investment accounts, real property, businesses, retirement funds acquired during the marriage.
Separate property includes property owned prior to marriage and property acquired by inheritance or gift.
In general, community property assets and debts are divided equally in all cases. However, properly classifying which assets and debts belong to the community and which are separate property can be very difficult. Disputes can also arise in determining the value of assets. Resolving these issues can be challenging. I work with professional appraisers, accountants and other financial experts to ensure the property characterization and valuation of the community property. I work diligently with my clients to find creative and workable solutions for division of their property without compromising their rights. However, if the parties are unable to agree on a fair and equitable settlement of the issues, I will thoroughly and meticulously prepare the matter for court proceedings.
CHILD SUPPORT
Child support orders are based upon the Statewide Uniform Guideline for Child Support. The calculation for determining child support requires a computer program. Using the computer program, I am able to advise my clients as to how much child support would be paid or received taking into consideration the income of both parents, how much time the children spend with each parent, childcare costs and health insurance expenses. When the court makes an order for child support, it is important that it has accurate information regarding the earnings of each party and the actual time spent with the children. Presenting this information properly is extremely important.
SPOUSAL SUPPORT
Temporary spousal support is based on the earnings of each party. The same computer program used to determine child support is used to determine temporary support. Using the computer program, I advise my clients as to how much temporary spousal support would be paid or received depending on the circumstances. It is important to address the issue of temporary spousal support early in a case.
At the time of trial or settlement of the case, spousal support is set based on a number of factors, including the income of each party, the length of the marriage and the marital standard of living enjoyed during the marriage. I am experienced in analyzing the facts of a case and how to present those facts favorably to my client. Whether representing the party who receives spousal support, or the party who must pay, I will always work to obtain the correct level of support and ensure that the rights of my client are protected.
PRENUPTIAL AGREEMENTS
Many people believe that entering into a prenuptial agreement with their finance is contrary to the idea of marriage because it contemplates a divorce. However, prenuptial agreements are often prudent because it protects and defines your property rights as you enter into a marriage. The purpose of a prenuptial agreement is to provide a clear definition of how property will be divided in the event of a divorce. Prenuptial agreements identify property brought into a marriage, and how income and assets acquired during marriage will be characterized. Prenuptial agreements can provide that California’s community property laws will not apply to division of their property at time of divorce.
Prenuptial agreements are only enforceable if properly drafted. California law provides that in order for a prenuptial agreement to be enforceable, each party must have a minimum of seven days to review the agreement prior to signing it.
DOMESTIC VIOLENCE & RESTRAINING ORDERS
Some families are affected by domestic violence. California defines “domestic violence” as abuse perpetrated against a spouse, former spouse, cohabitant, or former cohabitant. Domestic violence may be due to drug or alcohol issues or it may be due to anger management issues. Temporary restraining orders can be obtained on an emergency basis and in a very short period of time. These orders may enjoin specific conduct and may exclude a party from a home. If temporary restraining orders are made by the court, there will be a hearing and a judge will decide if the protective orders should remain in place. The judge can order that these types of orders remain in effect for up to three years.
The outcome of proceedings involving domestic violence can affect the rights of the parties in many areas, including child custody and visitation rights. A restraining order can affect your right to possess a firearm and it can affect your employment. It is important to have representation at any court proceeding involving domestic violence allegations.
MEDIATION
Many divorces are settled with the help of a private mediator. I provide mediation services. As a mediator, I meet with both parties and work with them to reach an agreement on all issues – I do not represent either party. Once an agreement is reached, I draft all of the documents necessary to conclude the divorce action. The cost of mediating a divorce averages less than one-third the cost of litigation. By mediating your divorce, agreements can be tailored to meet the needs of the parties. In a mediated divorce, the entire process is resolved without the parties ever appearing in court.
COLLABORATIVE LAW
In collaborative law, both parties are represented by an attorney. However, there is a commitment to settle all issues in a non-adversarial manner and outside of court. If valuations or assessments are required, the parties agree on a neutral expert to provide an impartial opinion on the issue. In a collaborative case, the parties are sometimes assisted by coaches who help them the emotional aspects of the process. In a collaborative divorce, the entire process is resolved without the parties ever appearing in court.