Many court cases fall under the family law umbrella. Family law refers to cases that involve some type of family relationship. For instance, child custody, divorce, and adoption are all family law issues.
If your family is going through a change, you may need a family lawyer in Irvine. They can advise you on how to handle the situation, draft legal documents, and represent you in court. With their help, you can make your family transition as stress-free and easy as possible.
The Goldberg Legal Group has experience handling all family law matters. Whether you need advice or aggressive legal representation, we can provide you with legal services.
Areas of Family Law
Much like criminal law, family law is a broad topic. If you want to improve your chances of a positive outcome, you should choose an attorney who has specific experience in your area of family law.
Divorce
No divorce is simple. There are many issues that need to be addressed, and often there are disagreements regarding those issues. One common area of contention is marital property. If you and your partner bought a home together, for instance, you need to determine how to handle the division of property. You may have to sell the home and divide the proceeds or one of you may be able to offset the equity in the home with other assets. These and other common issues can often be settled through the divorce process.
Child Custody and Support
Whether you are seeking a divorce or you’re the unmarried parent of a child, you could find yourself in the midst of a custody dispute. Often, the battle for child custody is emotionally charged. There’s a lot at stake, and the decision could be left to a judge. An attorney can work towards an out-of-court resolution, or they can represent you in the courtroom. Either way, they can fight for your child.
Sometimes, this area of family law also includes paternity. Paternity must be established before the court can demand child support or offer visitation. There are several ways in which you can do this, and an attorney can advise you on the legal process.
Child support and child custody usually go hand-in-hand. In California, each parent has the responsibility of supporting their child. To get a child support order, you may need to appear in court.
Domestic Violence
Although domestic violence is a criminal act, there are some aspects that may also involve family law. It is quite possible to have a domestic violence criminal case and a family law domestic violence case at the same time. The family court is responsible for keeping victims of domestic violence safe which may include minor children. For example, they could issue a restraining order against the aggressor.
There are times when someone is wrongly accused of domestic violence including a party making a claim of domestic violence tin order to try to take advantage in a divorce or custody case. Because the state takes the allegations very seriously, it’s important to find an attorney who can protect you.
What You Should Know About California Family Law
Every state has different laws regarding family issues. Here are a few things you should know about those laws:
Most Parents Receive Visitation
In California, the court determines custody by looking at the best interest of the child. They also consider prior neglect or abuse, as well as the age and health of the child.
Divorce Often Involves Spousal Support
Also known as alimony, spousal support may be issued to an individual after a divorce. The money is used to ease the financial burden of the spouse who earns less money.
When considering the amount of support, the court considers the ages of the individuals, their incomes, and their earning capacities.
Property is Not Divided with Equitable Distribution
Most states rely on equitable distribution for the division of property during a divorce. However, California does not. The state divides property based on the community property concept. All of the property jointly acquired by the couple is split in a 50/50 manner.
Domestic Violence is Taken Seriously
In California, domestic violence is a crime with serious consequences. The crime occurs when someone abuses a family member or someone of a close relationship to the perpetrator. The term “abuse” refers to intentionally or recklessly causes bodily injury, attempts to cause bodily injury, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating, harassing, telephoning, and destroying personal property of a person uses force against a partner. The threat of physical force including throwing items at someone is enough for a domestic violence charge.
A family member or a close relationship can be a current or former spouse, cohabitant, fiancé, or domestic partner. It can also be an individual with whom the victim had a child.
Charges of domestic violence can result in jail time. Furthermore, they can impact child custody proceedings and spousal support.
The Benefits of Working with a Family Lawyer in Irvine
In 2012, Orange County had one of the highest divorce rates in the country. About 33 people in the county started divorce proceedings on a daily basis. Although the statistics have slightly improved over time, divorce is still a common occurrence in Irvine and surrounding areas.
Domestic violence is also a relatively common occurrence. In 2010, Irvine Police started cracking down on the crime due to an increase in domestic violence. It’s a problem throughout the whole country, with about 10 million people each year victimized by the crime.
With the prevalence of divorce, domestic violence, and other family law issues, there is a high demand for family lawyers. Learn more about the benefits of working with a family law attorney in Irvine:
Better Understanding of the Statutes
Lawyers have specialties because the law is such a broad subject. No lawyer can have in-depth knowledge of every aspect of the legal system. However, they can have in-depth knowledge in their specialty area.
By working with a family lawyer, you get someone who knows the ins and outs of family law. They may know of loopholes that can help you or past cases that can support your argument. If you work with a general lawyer, they need to spend more time and energy in building a strong case.
Know What to Expect
Typically, family transitions are intimidating. You might fear the outcome of your child custody battle or worry about mediation for your divorce. However, an attorney can make a difference by preparing you for what to expect. They can tell you about the process and get you ready for the long road ahead.
Place Your Case in Good Hands
With most family law cases, there’s a lot at stake. When you work with the Goldberg Legal Group, you can take comfort in knowing your case is in good hands. Our experience and resources make us well-equipped to handle your case. Contact us today to learn more.
