Orange County & Irvine Family Attorney

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When you’re facing an issue like divorce, child custody, or support, you’re going to need an attorney who handles the specific types of cases you are looking for. Our family law attorneys practice in the areas of:

Divorce
Alimony
Child Support
Child Custody
Spousal Support/Alimony
Domestic Violence
Paternity

When you’re seeking a family law attorney, you will probably have many questions about who to hire and what services you will need. You and your family are going through an emotionally difficult time, so it’s important to have the proper legal support. With this in mind, your attorney should be compassionate as well as experienced. The availability of your lawyer is also an important factor. If you can’t get through to your attorney and have to speak to legal aides each time you call with a question or updates to your file, it can add unnecessary stress to your life and it might impact your case. But an attorney who takes the time to get to know their clients and their concerns is an attorney who will take the time to come up with the best and expeditious legal solutions. In Orange County, attorney David Goldberg offers unparalleled service and advice to his divorce and family law clients.

Orange County Statistics

There are some unique aspects of Orange County, Irvine, and Newport Beach that impact family law. For one, the area has one of the highest divorce rates in the country. In fact, rates are so high that they average to about 33 filings for divorce per day. Additionally, the state of California’s divorce rate is 60 percent (compared to the national average of 50 percent). But as prolific is divorce is in Southern California, no two cases are alike. There are myriad reasons why two people decide they do not want to be married anymore.

Causes of Divorce

Feelings of guilt or failure are not uncommon during a divorce. However, divorce is not a reflection of who you are. It may be particularly useful for you to join a divorce support group if the filing and procedure are emotionally overwhelming for you. But do keep in mind that divorce is hard for everyone, even when mutually agreed on by both parties. Your attorneys will understand this, and have experience working with people who have had a variety of reactions to their changing life circumstances.

In the State of California, the two possible legal grounds for divorce are:

Irreconcilable differences – Also referred to as a “no-fault” divorce
Legal incapacity or mental instability – For cases where one of the spouses cannot make legal decisions for themself.

In cases of incapacity, divorce can be filed when the spouse’s mental health has deteriorated significantly, such as from injury or drug abuse/addiction. Irreconcilable differences, however, is a wider umbrella that can allow for multiple reasons.

When two people mutually decide to file for divorce, the process may be less acrimonious but it is still difficult for both people. However, when one wants to contest the facts and the conditions of the divorce, it can turn into a legal battle that can go on for a long time. Your attorney will do their best to mediate and settle on your behalf so you can begin to move on with your new life.

Alimony

Alimony is a lot less common these days compared to decades past when women did not work outside of the home and thus could qualify for alimony because their husbands were the main means of financial stability. There are both temporary and permanent forms of alimony. The permanent forms of alimony, which can extend until the ex-spouse has either reached the age of retirement or until their death, was one of the most common types of spousal support in the latter quarter of the 20th century. As more women began to work outside the home, their pay often approached the level of their partners’.

Alimony is calculated using a variety of factors, including the duration of the marriage, the income of both individuals, the property that will be divided between them, their age, and other factors. The two types of alimony are temporary and permanent, and you will want to speak with your attorney about each type. Temporary alimony pays only during the time of the divorce. However, once it is finalized, the payments will end. In California, there is also Rehabilitative Alimony, which is when alimony is awarded only for the period of time during the actual divorce, and a period of time afterward. This may be an effort to help the former spouse who makes less money or who ends up with less property to be able to get back onto their feet, and not face financial downturn just because of the dissolution of the marriage.

Child Support

Child support is the money that a court orders one parent to pay in order to financially support the child. In the State of California, all parents are obligated to take care of their children, both morally and financially.There are a variety of factors that are used to determine how much one parent needs to pay in child support. These factors include:

Each parent’s gross income of each parent
The tax deductions of each parent
Health insurance and other tax information
How much time the child spends with either parent
The health and condition of the child

This latter point is to ensure that if a child is sick with a rare condition. For example, their care will still continue. That leads to the next question of who will have custody over the child. In this example, a child who is sick and lives near a hospital where their specialist practices may stay with the parent who lives closest to that treatment center. But if the parent of the child who lives closest to the treatment center is unreliable or even mentally incapable of caring for the child, then the child may be asked to live with the other parent. It really depends on the situation and the family.

Domestic Violence

Domestic violence is scary, and when victims do finally come forward, they have already endured too much. While there are many patterns and similarities among cases, no two cases are exactly the same, so the needs of the client will vary depending on the living situation, legal status, marital status, and other traits of the people involved. Attorneys can file restraining orders for their clients. A restraining order is placed after a threat of violence or an actual violent attack. If you feel you have been stalked by a former partner, or have evidence of them breaking into your home or into private accounts, then you will want to speak to a lawyer about these criminal activities. A family law attorney will help you file a civil suit.

One of the major pieces of legislation that affects family law in this area is The 1994 Violence Against Women Act (VAWA). This law states that those who have been convicted of a domestic violence crime cannot own a firearm. Additionally, the law has specific regulations regarding handling cases where one of the spouses affected is not a legal U.S. citizen, and instead holds some other sort of visa. If you have questions regarding criminal law or immigration law as they pertain to your case, then you will want to speak to one of our attorneys to help get you back on the path to safety.

Paternity

A paternity lawyer protects the rights of fathers to have an active role in their children’s lives. Historically, children have been awarded to the mothers during custody battles, but the trend is changing as more and more men and their advocates, as well as psychologists and researchers, argue that the presence of the father in the life of a child helps them develop. If you were not married to the mother of your child at the time of conception or birth, then you will need to establish your legal right as the child’s father. Typically genetic testing is required to verify the biological father.

There are two types of proceedings: voluntary and formal. A voluntary proceeding is when a father actively seeks out establishing his legal paternal right over a child. A formal proceeding is when he is forced to prove or disprove his biological connection to the child. These proceedings will include the relevant blood tests and DNA tests.

Family Law FAQs

When going through a divorce or custody battle, you will have a lot of questions. Here are a few that people typically ask

When will I see my kids?

The child custody proceedings will determine what the final answers are to these questions. However, if you and your spouse mutually agree to divorce; you both have jobs that afford you some financial security; and are both sober, capable of trusting each other, and want to be active in your children’s lives; then you can file for joint custody rights.

Will I be able to make decisions for my kids after my divorce?

Having joint custody is the most seamless way to continue living your family life, even when your family structure is significantly different. If your kid gets sick with you, then you can take them to the doctor as you would have before. You have full rights in such cases.

Why Someone Might Need A Family Law Attorney

For many people without children, they call a family attorney when they need to either file for divorce or have a marriage annulled. The lawyer then is tasked with helping their client make decisions about assets, liabilities, and other important matters. Your attorney will also have a “checklist” of things you need to do. No stone is left unturned.

Family attorneys are also needed in cases where children are involved. When a couple decides to divorce, there could be many outcomes based on the situation. A child may be forced to live with family members in another state, or they may spend equal amounts of time with both parents living in the same area. If one of the divorced parents loses a job, then they will need to contact an attorney to discuss their financial situation if they are paying alimony or child support to have that payment adjusted. If one parent needs to move away or is called for military service, then that can change the custody agreement between both parents.

Why Choose The Goldberg  Legal Group

A lot has already been said on what the law defines and determines for you, the person who is seeking a family attorney. But this is your life, and you have rights, too. Usually, when people come into our office they have questions about their kids, careers, and ultimately, their own happiness. During this difficult time, you may have other concerns going on. Perhaps the divorce has caused your children to act out in ways they hadn’t previously. Maybe school is becoming more difficult for them, which adds to your sense of guilt. Or maybe you’re scared about losing your close relationship with your children. You may even be going through the divorce and realized that you would like to further your education, and want to now take on the goals and dreams you had set aside while you were married. The Goldberg Legal Group understands that you’re a human being with many emotions, motivations, and perspectives. Our goal is to make this transition in your life as smooth as possible.

We have experience in a variety of family law cases. Additionally, our attorneys are members of the State Bar of California. They also hold licenses to practice law in the United States District Court as well as all federal bankruptcy courts. Call today to schedule your consultation. We will be happy to listen to you and see how we can provide the best legal solutions for your future.

The Goldberg Legal Group

Knowledge to Succeed

Orange County & Irvine Family Attorney

Orange County Statistics

Causes of Divorce

Alimony

Child Support

Domestic Violence

Paternity

Family Law FAQs

When will I see my kids?

Will I be able to make decisions for my kids after my divorce?

Why Someone Might Need A Family Law Attorney

Why Choose The Goldberg  Legal Group

Blog

Fiduciary Duties During Divorce and the Importance of Declaration of Disclosure

Marijuana Use Can Affect Child Custody

Testimonials

Matt, Domestic Partnership/Civil Union

Tiffany, Expert Legal Advice & Representation

Stanleigh

Robert

Akatamsh, a Family client

Ken

Heather, a Divorce client

Don, a Divorce client

The Goldberg Legal Group

Knowledge to Succeed

Orange County & Irvine Family Attorney

Orange County Statistics

Causes of Divorce

Alimony

Child Support

Domestic Violence

Paternity

Family Law FAQs

When will I see my kids?

Will I be able to make decisions for my kids after my divorce?

Why Someone Might Need A Family Law Attorney

Why Choose The Goldberg Legal Group

Blog

Fiduciary Duties During Divorce and the Importance of Declaration of Disclosure

Marijuana Use Can Affect Child Custody

Testimonials

Matt, Domestic Partnership/Civil Union

Tiffany, Expert Legal Advice & Representation

Stanleigh

Robert

Akatamsh, a Family client

Ken

Heather, a Divorce client

Don, a Divorce client

Why Choose The Goldberg  Legal Group