Family law cases are often complex and personal, making them time-intensive and emotionally draining. Those going through family law matters are potentially feeling hurt, angry, or betrayed, creating an adversarial relationship with the other party. This is likely to make navigating the legal process even more concerning, as losing may carry a high cost. Working with a skilled attorney can provide valuable insight and information into your case, helping you craft a plan to reach the most favorable outcome.
When seeking a Costa Mesa family law attorney, it is important to find a law firm with experience with your specific type of case. Choosing a law firm that focuses on family law, like Newport Family Law & Mediation Group, is important to achieving a positive outcome. We offer the noteworthy experience of a large family law firm and the personal service of a boutique practice to ensure efficiency and support throughout your family law case. Our team can handle even the most complex of cases, helping you feel more confident and secure as you progress in your family law matter.
Family law, also referred to as domestic relations, encompasses legal issues involving family relationships, including marital, blood, and adoptive relationships. It is a broad area of law that covers everything from prenuptial agreements and the start of a family to the end of a marriage, separation of finances, and child custody arrangements. Each individual case is likely to have unique aspects pertaining to the involved parties. Family law issues that are handled by Newport Family Law & Mediation Group include:
A prenuptial agreement outlines the terms that will be followed in the event of a divorce. They are particularly useful when one or both individuals bring significant pre-marital assets to the marriage. The intent is to protect each spouse’s assets and provide a positive outcome for both spouses if the relationship ends. They can also specify property division in the event of a spouse’s death, especially if children were brought into the marriage from prior relationships. A postnuptial agreement shares the same information as a prenuptial one, but it is written after the marriage is performed.
Divorce is the legal end of a marriage. California is a no-fault state, meaning that you can get a divorce due to irreconcilable differences without showing any wrongdoing on the part of your spouse. There are, however, parts of a divorce that can be affected by wrongdoing, like domestic violence.
When legally separating or divorcing your spouse, you must divide all marital assets and debts. Because California is a community property state, anything acquired during the marriage is considered marital property and must be divided. Even some property brought into the marriage by a spouse can become marital property, such as real estate or a business your spouse contributed to during the marriage.
When parents separate or get a divorce, a child custody and visitation agreement will need to be created. When making a custody arrangement, it is important to consider the children’s safety, health, and welfare over any other factors. If the parents are not able to come up with an agreement, the court will step in and determine an agreement with the child’s interests in mind. Both physical custody, which determines where the child will live, and legal custody, or the ability to make important decisions about factors like the child’s education and welfare, must be decided.
California has determined a parent’s principal obligation to financially support their child and has set statewide guidelines that courts should use to determine child support. These guidelines are in place to ensure that the children are taken care of, and the court should only deviate from these guidelines if there are special circumstances in the case. The formula considers factors like each parent’s income and the percentage of time the child spends with each parent. While this may seem straightforward, it can be difficult to determine relevant income for each spouse, especially if one spouse is attempting to hide income to lower their payments.
Domestic violence pertains to any type of abuse within a home and should be treated seriously. Judges are authorized to implement an emergency protection order based on the word of one side only. Although this is a good practice for keeping individuals safe from the aggressor, it can also be abused by someone attempting to gain the upper hand in a divorce or child custody dispute. We can help you get an emergency protection order when it is justified, as well as protect your rights in the event of a false accusation.
As a parent, it is important to create a plan for your children if you and their other parent cannot care for them or meet their needs. Examples of such situations include death, incapacity, military obligations, or abandonment. Guardianship can be temporary or permanent. Establishing a legal guardian helps ensure that the person of your choice cares for your child if you cannot. While guardianship is active, the parent’s rights are suspended, not terminated.
In each of these areas, the assistance of the experienced family attorneys with Newport Family Law & Mediation Group can dramatically improve the outcome of the case.
Regardless of the specific area of family law that pertains to your case, there are likely to be severe consequences for not getting a favorable outcome. If you are getting a divorce, leaving your marriage with less than you are entitled to means that you are not set up as well as you could be for your future. If your preferred custody arrangement is the most beneficial one for the child, losing can put your child in a less than favorable position. Signing an invalid prenuptial agreement is likely to mean that your assets will not be protected in the event of a divorce or separation. A family law attorney can help you reach your goal with their:
Even if you are confident in your position, emotions are often running high in family law matters. This can lead to rash and unhelpful decisions that ultimately harm you or your case. A family law attorney can provide an objective view that helps you make well-thought-out decisions.
Alternatives like mediation with the opposing party may be appropriate in some circumstances. An attorney can help you go into your mediation sessions feeling prepared to reach a middle ground that is mutually beneficial for the parties.
If your case needs to progress to litigation, a family law attorney’s familiarity with the judge, opposing counsel, and courtroom procedures can be vital for your success. Even minor errors in courtroom procedures can damage your standing, but an attorney can begin your case with an understanding of how the judge will react to different arguments and the methods the opposing counsel may use.
Although you have decided to work with an attorney in your family law matter, you must still choose an attorney from the long list of potential options in the Costa Mesa area. When you are evaluating your choices, and attending consultation sessions, there are a few questions that can help you narrow your list down to the most helpful options for your situation:
The attorney or law firm you work with should have a board-certified family law attorney on staff to ensure access to proven experience and knowledge.
With the wide range of legal areas under the family law umbrella, it is important that the attorney you choose has experience with the laws relevant to your specific case.
Different areas and states will have varying laws pertaining to family law, so a successful attorney must have worked with the relevant laws for your case’s location.
When communicating with an attorney, you can use varying methods such as phone, email, and in-person contact. Choosing an attorney with a similar preferred communication style will help eliminate frustration.
Family law cases are often shrouded in uncertainty and concern, creating situations that require knowledge and skill to navigate effectively. Working with well-established Orange County family lawyers is one of the leading methods for reaching the most favorable outcome. While you navigate the difficult emotions that are bound to come with a family issue, a family law attorney can ensure that the legal aspects are completed correctly.
Newport Family Law & Mediation Group is ready to support you through your family law case, handling even the most complex situations. Our founder is a California board-certified family law attorney, ensuring that no avenue goes unexplored while we work to resolve your case. When you need to speak with a family law attorney, contact Newport Family Law & Mediation Group for a consultation.