All You Need To Know About Family Law

Family law is an area of legal practice encompassing family issues such as marriage, divorce, child custody, child support, restraining orders, name changes, division of property, and other related negotiations. A family law attorney in Orange County with a specialized practice can represent clients in family court proceedings and draft important legal documents such as property division and petitions through the court.

Family law attorneys occasionally specialise in certain aspects such as paternity, adoption, property division, or other matters associated with divorce. At the same time as the issues included under the umbrella of family law are universal, how the laws are upheld and dealt with will vary state by state.

·       Divorce

California is a “no-fault” state when dealing with divorce. No fault signifies neither spouse will need to show evidence of what the other person did that resulted in them making a decision to end their marriage. In its place, one or both spouses can express irreconcilable differences or irreparable breakdown of the marriage when filing for divorce.

·       Waiting Period

No divorce is final until six months after the paperwork is given to the estranged spouse or their first court appearance, whichever comes first. However, if the judge believes there is a possibility the spouses will reconcile, they have the power to delay proceedings for up to 30 days.

·       Residency

To divorce, a specialized San Bernardino family law attorney suggests that the person filing and the person responding to the divorce must be a resident of California for six months. In addition, both parties are required to reside for three months in the county where their divorce is filed. If both parties do not meet the requirement, they can file for a legal separation until they reach their residency requirements.

·       Child Support

Child support is typically paid by the non-custodial parent for the reason that the parent who has custody of the child is already financially supporting the child by providing food, shelter, and other necessities. If a 3^rd party is awarded custody of the child, both parents may be ordered to pay child support.

·       Determining and calculating child support

When the courts determine the amount of support appropriate for each unique situation, they look to maintain the standard of living of the child. Every family situation is different. What might be right for one child may not be best for another.

When calculating the amount of support, the court has a set of guidelines to assist them when determining an amount. There is no minimum amount of child support in California. Each amount is calculated depending on income, custodial time, and other factors.

·       Spousal Support

Monthly alimony may be an amount agreed upon by the spouses as part of their settlement agreement or order by the court. Spousal support is awarded to alleviate economic burdens placed upon the spouse who earns less or not at all.

If you are also going through tough times with your spouse, Sunita Sood is the best Riverside divorce attorney that you can get in touch with!