Often, family law offices receive calls asking for services that do not fall under the "family law" umbrella. When contacting a family law office, these are the most likely areas you could expect to receives services for:
Though there are many exceptions, the areas of law that generally are NOT covered in a family law office include:
Although these areas may seem like they would be related to family law, often they are their own separate specialized area of practice.
Jagar Family Law focuses in Divorce and Parentage actions, which encompasses the following:
As part of my practice I offer both Mediation and Document Preparation Services.
What parties commonly refer to as "divorce," in the Family Code is called a "dissolution of marriage/domestic partnership." The court essentially views these actions as dissolving a contract between the parties. As part of a divorce, you can expect to address the division of your property, spousal support, attorney fees, and if there are minor children, the issues of child custody, visitation, and support.
A parentage action occurs when there has been no marriage but the parties share a minor child. As part of this action, you can expect to address child custody, visitation, and support. You could potentially be addressing attorney fees as well, depending on the circumstances of the parties.
Child custody and visitation are two separate issues. Child Custody has two main components, legal and physical.
Child support is based on a statewide uniform guideline formula that looks at both parties' income, the time share percentage with the children, and certain tax deductions. The court has very limited circumstances where it can deviate from this formula. The calculation is rebuttably presumed to the correct amount. Most attorneys use a program called "DissoMasterTM" to run this calculation.
Temporary spousal support is generally ordered during the pendency of your divorce action. It is generally calculated through the same program used to calculated child support. However, this is not used in determining long term spousal support as part of a Judgment. There is no set formula for long term spousal support. There are fourteen factors the court considers in deciding a spousal support order, none of which are mathematical (Family Code Sec. 4320). It can make this amount difficult to determine, but practiced attorneys can often give you an estimate of what to expect if your case is litigated.
Prior to January 1, 2019 spousal support was taxable income to the receiving spouse, and a tax deduction to the paying spouse. After January 1, 2019 the federal tax laws changed for new orders. If you are uncertain whether these changes affected your matter, you should consult with either a family law attorney or a tax attorney.
The Court, as part of a divorce action, has the ability to make orders regarding the division of property owned by the Parties. This includes community and separate property.
For community or separate property, there may be reimbursement claims, transmutations of property, valuation issues, or tax issues that can affect the division of property. Often, a consultation with an attorney will assist you in determining if any of these more complicated issues exist in your case.
There are two primary bases for attorney fees in family law cases.