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DIVORCE / PATERNITY

 

Most divorces are on the basis of 'irreconcilable differences'.    We handle matters related to family law as follows:

 

Dissolution Of Marriage (Divorce)

 

Petition For Custody And Support Of Minor Children

 

Petition To Establish Parental Relationship (Paternity)

 

Legal Separation (Marriage)

 

Annulment Of Marriage 

 

Property Division

 

Child Custody

 

Child Support 

 

Spousal Support (Alimony) 

 

Department Of Child Support Services Matters

 

Joinder Of Employee Pension Plan

 

And more...

Mediation is a form of alternative dispute resolution in which the parties negotiate their differences with an eye toward resolution and settlement. Stated another way, its an informal, out-of-court process that includes ethics and a timeline by which parties can settle.  There is no testimony or other formal means of presenting evidence, though it is a more structured process than a settlement conference.

 

Mediation is conducted by independent paralegals whose purpose is to facilitate a voluntary agreement between the parties without necessarily rendering an opinion on the merits of the case.  Family Law & Form Preparation has no authority to force settlement, but rather to serve as a catalyst for dialogue between the parties.

 

Everything shared during the process is generally kept confidential.

 

Uncontested Divorce Is The Basis Of Our Services

 

Mediation facilitates the agreement between the divorcing couple.  The agreement is filed with the court and thus the final order or judgment.   

 

In most cases, the parties agree on the terms for their written agreement or judgment. However, in some cases, the parties meet with a Mediator to facilitate the details for the agreement. 

 

Our team offers form preparation, from the filing of the Petition through the entry of Judgment and all document preparation in between.  We also offer services for couples who are able to settle their issues without the need for the court's intervention.  Couples who resolve their issues through us can save themselves thousands of dollars they would otherwise spend through lengthy litigation.  Our team can assist with the entire divorce or simply specific issues, i.e., child custody, child support, property division, etc.

CHILD CUSTODY

 

Family Law Form Prep service is an alternative to making decisions about your children without going to court.  It is up to the two of you,whether you will resolve your dispute and/or how you will resolve it.  If you cannot reach an agreement, you can still go in front of a judge to decide. There is nothing to lose by trying by agreement, and there is a lot to gain.

 

Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains primary physical child custody. Family law courts generally base decisions on the best interests of the child(ren), not always on the best arguments of each parent.

 

Take the time to design a good, flexible plan. Someday, as young adults, your children will look back on their childhood and judge how well you handled this difficult time. They'll look at how you cooperated, and remember if you put their interests ahead of your 'marital issues'.

 

What is Joint Legal Custody?

 

Joint legal custody means that either parent can make decisions which affect the child's health, education and welfare. 

 

What is Physical Custody?

 

Primary physical Custody means that the child resides with and is supervised by one parent who is primarily responsible for the child’s care.  In most cases, the non-custodial parent has visitation rights.  

 

Joint physical custody means each parent has significant periods of physical custody and is generally shared in such a way that assures the child “frequent and continuing contact with both parents,” subject to Family Code §§3011 and 3020.  Joint physical custody does not always mean an equal division of time; one parent may still be the primary caretaker.

 

Parents with agreements make their own personal resolution for child custody and they have their agreements for child custody ordered by the court.

 

Most family courts offer free Mediation Appointments however this free service is only on the one issue of child custody and appointments without pending court hearings are not their priority thus scheduled several weeks after request.

 

Take the time to design a good, flexible plan.   Someday, as young adults, your children will look back on their childhood and judge how well you handled this difficult time.  They'll look at how you cooperated, and remember if you put their interests ahead of your 'marital issues'.

 

PROPERTY DIVISION:                                                             

 

Property division in Uncontested Divorce are agreed upon between the marriage partners.   Our mediation team deals in the areas of property division related to the matters as:

 

Property Characterization

 

Assistance in Property Valuation

 

Division of Community Property ("In Kind" Division and/or Net Equal Division)

 

Confirmation of Separate Property

 

California Family Code describes Community (marital) Property and/or Separate Property as follows:

 

What is Community Property?

 

F.C. §760 states:  “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”

 

What is Separate Property?

 

F.C. §770 states:  “(a) Separate property of a married person includes all of the following:

   (1) All property owned by the person before marriage.

   (2) All property acquired by the person after marriage by gift, bequest, devise, or descent.

   (3) The rents, issues, and profits of the property described in this section.

   (b) A married person may, without the consent of the person's spouse, convey the person's separate property.

 

F.C. §771 states:  “(a) The earnings and accumulations of a spouse. . .   while living separate and apart from the other spouse, are the separate property of the spouse.”

 

Uncontested Divorce

 

Uncontested Divorce is the basis of our services.  We facilitate an agreement between the divorcing couple.  The agreement is filed with the court and thus the final order or judgment.   

 

In most cases, the parties agree on the terms for their written agreement or judgment.  However, in some cases, the parties meet with to facilitate the details for the agreement. 

 

Our team offers legal document preparation from the filing of the Petition through the entry of Judgment and all document preparation in between.  We also offer services for couples who are able to settle their issues without the need for the court's intervention.  Couples who resolve their issues by agreement can save themselves thousands of dollars they would otherwise spend through lengthy litigation.  Our team can assist with the entire divorce or simply specific issues, i.e., child custody, child support, property division, etc.

 

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