Family Law covers a wide array of circumstances. Prior to beginning a family law case, it is always a good idea that if there is an opposing party, to try to come to an amicable agreement. No one knows the circumstances of your lives better than you, there is no person better qualified to come to a fair agreement than those directly affected. Not all cases lend themselves to amicable discussions. Especially if violence is involved. If you are concerned about your case or how to move forward, do not hestitate to contact Stephanie Alcala Law Offices, APC. We will review your case with great care and ensure that the best possible result is reached.
If you are in immediate danger. Call 911. If you are in fear and would like assistance in escaping an abusive relationship, a temporary restraining order may be the best option.
To obtain a restraining order, there must be a close relationship among the parties. This may include dating relationships, married relationships, or adoption or blood relationships such as siblings or parents. There must have been some act of abuse that occurred within the past 30 days. If no relationship exists among the parties, a civil harassment restraining order may still be warranted. When filing for a restraining order of any kind, the facts of the case (the instances of abuse) must be clearly stated so that the court can make the most appropriate decision when reviewing the case. At Stephanie Alcala Law Offices, APC., we stay by your side every step of the way and ensure that the best possible case is presented on your behalf to ensure both your safety and peace of mind.
Custody and Visitation
When seeking an order for custody or visitation, there are various ways of requesting an order from the court. It is most commonly done through a request for orders or through the dissolution process. There are different forms of custody. Legal custody refers to the right and the duty of the parent(s) to make decisions regarding the health, welfare, and/or education of the child. This form of custody may be granted to either parent as sole legal custody or to both as joint legal custody. Physical custody refers to the day to day living situation of the child such as where the child lives, how much time is spent with each parent and how these related responsibilities are fulfilled. Physical custody may be joint when the child spends substantial amounts of time with each parent or in some cases it may be sole physical custody to one parent. Visitation may also be granted to a non custodial parent where there is a specific time in which that parent has the responsibility of the children. Visitation refers to a parent that does not have joint physical custody and is not the primary caretaker of the child.
Child Support may be ordered in cases where parentage have been established, divorce, legal separations, annulments, and/or domestic violence. Generally, child support payments are made until the child is 18 years old. However, this is not always the case and child support obligations may extend until the child is 19 if they are still attending high school and unable to support themselves. The parents may also agree to extend the child support longer in certain circumstances.
The amount a parent may be obligated to pay in child support may vary according to the custody arrangement and the income of both parents. If you have concerns about how to enforce an order, obtain a child support order, or what the appropriate amount of child support should be do not hesitate to contact an expert family law attorney to assist you with your case. At Stephanie Alcala Law Offices, APC. We pride ourselves in ensuring that our clients are well informed as to their rights and obtaining the best possible outcome in each individual case. Contact our office if you would like further information.
If you are in a relationship you no longer wish to remain in, you may file for divorce, legal separation, or in some cases an annulment. In California, a divorce will take a minimum of six months. However, the litigation may take longer if there are disputes or difficulties in communicating between the parties.
One of the parties to such a case may be entitled to spousal support. Throughout the time the case is pending, spousal support may be requested through a request for order to ensure that the standard of living does not drastically change throughout what is often an emotionally and economically difficult process.
Division of Property
Often throughout a relationship such as a marriage property is obtained through a variety of ways. If property was obtained during the marriage, it may be community property. Community property is often equally divided. However, if property was obtained prior to the marriage or after the date of separation, it may be classified as separate property and is not divisible to both parties.
Post and Pre Nuptual Agreements
Prior to marriage or after marriage, the parties may both agree to enter into an agreement in which the division and classification of property may be settled. If a divorce is in process, the parties may enter into a marital settlement agreement to end the litigation as peacefully and amicably as possible. If you have questions about how to obtain a pre or post nuptial agreement, do not hesitate to contact Stephanie Alcala Law Offices, APC. To assist you with this process.