Family Law Attorneys La Habra
Experience in Representing the Residents of Orange County
If you or someone you know needs legal guidance in a divorce proceeding or other family law matter, it is important to consider seeking the legal advice of a skilled family law attorney who can provide comprehensive representation. A majority of family law cases in the State of California are sensitive matters that demand diligent legal support.
At RM Law Group LLP, the La Habra family law attorneys have dedicated their careers in helping their clients protect their interests when facing a family law issue. The attorneys at RM Law Group LLP understand that every family is unique and it is their priority to ensure that each possible solution is tailored to the needs of each individual case.
Skilled in Family Law Representation
In the State of California, there is a wide range of cases that could pertain to family law. Some of the most common cases involve:
- Divorce or legal separation
- Spousal support
- Property division
- Child support
- Child custody
- Temporary court orders
- Post-judgment modification
- Father’s rights
Legal Support in Dissolving a Marriage in La Habra
A legal separation or divorce in the State of California can be a very challenging legal matter, especially when there are minor children involved in the case. California abides by the no-fault doctrine, which means that spouses seeking a legal separation or divorce do not need to establish that the other party was engaged in any form of misconduct, such as adultery. Instead, spouses could obtain petition for divorce by filing the necessary documents with the appropriate court. In legal terms, the asking party is referred to as the petitioner, while the receiving party is referred to as the respondent.
One of the most complex matters involving divorce cases in California is the division of property. The State of California is a community property state, and this means that all assets and income that was acquired throughout the marital union will belong to both parties equally. When undergoing divorce proceedings, all property and assets are subject to division. When the property has been acquired before the marriage by one of the parties, this will be considered as separate property. Similarly, when the property is considered a gift, inheritance, or was acquired after spousal separation, these will also be considered separate property.
Under state law, community property will need to be divided equally and each party is entitled to half of the total assets. Unbeknownst to many, however, not every item or asset will need to be divided individually. Depending on the specific case, for instance, one party can receive the family business, while the other party may receive the family home. This is likely to happen if the assets in question are equal in value at the time of the legal separation or divorce.
Factors Considered When Petitioning for Spousal Support in California
In California, spouses can receive spousal support if certain elements apply. California courts have discretion in considering the various factors that could determine if a spouse will receive spousal support. They also have broad discretion in determining how much support will be awarded. A few of the most common elements that may be considered by the family courts include, but are not limited to the following:
- The earning capacity of each party,
- The skills or work experience of the recipient party,
- The paying party’s ability to make payments,
- The degree of contributions the receiving spouse made to the career of the other,
- The standard of living maintained throughout the marriage, and
- The duration of the marriage
In the event that the circumstances change in either party, both parties can return to the family court to seek a modification in the spousal support.
The Complexities of Child Support & Custody
Family courts in California assume that it is in the best interests of a child to have regular and continuous contact with both parents, unless it is otherwise shown. Because of this, family courts strongly favor joint custody arrangements. When it is possible, both parents are encouraged to make a custody arrangement that works best with their family dynamic, which could be finalized in a parenting plan and approved by a family court.
A parent’s rights to custody can be jeopardized when the parent is seen to be unfit to care for their minor child. This can happen if the parent is addicted to a substance such as alcohol or drugs, is addicted to gambling, or has a criminal record.
Furthermore, challenges in child custody can sometimes occur when the parents are unable to agree to the terms of the parenting plan. In these situations, parents can be enthralled in a lengthy mediation process that can be very costly. When mediation is unsuccessful, the case can go before a family court judge who will act in accordance to what is considered the best interest of the underage child.
Contact the Legal Guidance of an Experienced City of La Habra Attorney For Your Family Law Matters
When your family is facing major changes, it is important to seek the legal guidance and support of a trusted advocate who has the right experience and can guide you through the entire process. A majority of family law cases are complex matters that can have very costly results when not handled accordingly. In effort of saving both time and money, it is critical to consider seeking the legal support of a knowledgeable advocate with the right skills and experience.
The family law attorneys at RM Law Group LLP have many years of committed experience serving the community of La Habra and surrounding areas. The firm has helped many families build a strong future after a legal separation of marriage dissolution. When the case involves minor children, the family understands the complexity and sensitivity of these cases. If you or someone you know is facing a family law matter, the firm has the resources and experience necessary to defend the case. Contact the attorneys at RM Law Group LLP today for a free case evaluation.
