Family law in California can be an intricate and complex world to navigate on one’s own. Understanding the fundamentals of California family law is essential if you find yourself facing a family law case, and it is important to know, “What does a family lawyer do in California?”
This practice encompasses a broad range of legal matters such as divorce, marriage, child support, child custody, divisions of property, and so much more. If you or a loved one is struggling with a family law proceeding, a Santa Barbara family law lawyer is crucial to have in your corner. It is also essential to know what this lawyer brings to the table and how they can help you, no matter what situation you find yourself in.
Common Cases of Family Law in California
Family law is the umbrella term for cases related to the family unit. These legal proceedings tend to be emotionally charged, stressful, and painful for the individuals involved. However, a better understanding of what California family law lawyers do and the types of cases they handle can prepare you for navigating the California family law system.
Common types of cases handled by California family law lawyers include:
- Prenuptial Agreements: Sometimes, in order to protect their respective assets, especially in the event of a future divorce, two people entering a marriage may want to sign a prenuptial agreement. This is not a sign of bad faith or doubt in the marriage but rather a prudent move to protect oneself.A prenup ensures that, in the case of a divorce, both spouses keep what they’ve agreed to per the agreement. It can be modified so both spouses are comfortable with the intended outcome. Prenuptial agreements are useful if a divorce arises, especially if that divorce is contested.
- Divorce: Family law involving the end of a marriage, or divorce, is never an easy matter. The state of California requires a six-month waiting period from when your divorce was filed to when it is finalized.If your divorce is contested, meaning your spouse does not agree to the terms you’ve laid out in your divorce, retaining a family law lawyer is the right course of action to take to ensure your rights and desires are protected. The couple must also meet California’s residency requirements when filing for divorce. The residency requirement is that at least one spouse has lived in California for at least six months and the county where they’re filing for three.
- Child Support: Child support is a payment typically made by the non-custodial parent to the parent who has the majority of custody to financially assist in the child’s needs by providing food, shelter, and other basic needs. Family lawyers help develop a fair payment support agreement for the well-being of the child(ren) involved.
- Child Custody: Child custody issues can be a painful and emotional process. A family law lawyer can stand by your side, ensuring that your voice and desires are heard and that the best interests of the child are ensured.
- Spousal Support: In the state of California, a spouse is typically allowed to ask for monetary support from the higher-earning spouse in the event of a divorce. A monthly alimony payment can be agreed upon before the divorce’s finalization or ordered by the judge. There is no set amount of alimony that can be received, and it is entirely dependent upon the circumstances of the case.
- Division of Property: California divorce and property division operate on the principle that all debts and assets acquired during the marriage are to be divided equally between the divorcing spouses. A total and accurate valuation of all assets and debts is crucial when considering a division of property. Family law attorneys help gather documentation on all the property involved.
- Domestic Violence: An unfortunate occurrence in California, domestic violence cases can fall under the umbrella of family law. Dealing with abuse and violence from a loved one is a difficult situation to navigate. Having a family law attorney by your side can not only be wise—it can also be a comfort.
In the simplest terms, family law affects families. Whatever kind of case you’re experiencing, seeking solid counsel is essential to a positive outcome for your hopes and desires regarding your case. Their knowledge will also allow you to make informed decisions and protect your interests.
How a Family Law Attorney Can Help You
A family law attorney can represent you and offer legal advice when you are navigating court proceedings. They can advocate and fight for your rights during negotiations and can draft any necessary paperwork in your case.
Family law attorneys can help with filing for divorce, representing you in legal disputes regarding the custody of children, and negotiating child support payments. They can also help draft prenuptial agreements and help negotiate the ownership and caretaking of personal property in the cases of divorce when that property is shared between couples.
FAQs
Q: Why Do You Need a Family Lawyer in California?
A: Because family law lawyers in California tackle everything from divorce and prenuptial agreements to domestic violence cases and child custody, a family lawyer is an essential component of any case involving issues relating to the family. If you find yourself facing a case involving any of these legal matters, a family law lawyer can offer sound legal guidance and representation during mediation and litigation.
Q: How Much Does a Family Lawyer Cost in California?
A: In the state of California, it is difficult to offer an exact estimate for how much a family law lawyer might cost. Because each family law case is different and comes with its own set of complexities and nuances, assigning an exact dollar amount to the umbrella of family law is difficult. Factors that might affect the cost include the lawyer’s experience, the complexity of the case, and whether there will be a need to hire experts.
Q: How Long Do Family Law Cases Last?
A: Due to their complex nature and the litany of factors that may be involved, it is hard to give an exact time for how long family law cases might last. The length can be highly dependent on things like whether or not all parties involved can be located, whether there is any substance abuse or domestic violence involved, how contested a case may be, and whether the courts are backlogged on cases like yours.
Q: Who Pays for Lawyer Fees in California?
A: The party that pays lawyer fees in California can vary. In cases of divorce, the courts will look at and consider the income, earning ability, and dependence of both spouses. If one spouse has a larger income, they might be charged with paying the legal fees of the lesser-earning spouse. Additionally, if one spouse is not cooperating or acting in ways that make the proceedings more difficult, the judge can take this into consideration.
Contact a Trusted California Family Law Attorney Today
Family law encompasses a wide range of legal cases. At Drury Pullen Law, we offer sound legal advice from compassionate and caring attorneys and can represent you in whatever family law circumstance you’re facing. Contact us today to see what we can do for you.