Family Law
Family law is the area of law relating to family relationships. Although the most common family law matter is divorce (known as "dissolution of marriage"), family law also includes paternity proceedings, adoption, child custody and visitation, child support, spousal support (alimony), juvenile dependency, restraining orders, the division of marital property and debts, grandparent visitation, guardianships, and conservatorships.
Our firm represents clients in all of these aspects of family law, and focuses on the unique needs of each client in working toward a fair resolution of their concerns, and avoiding the unnecessary public exposure of private issues. We provide expert counsel in child custody matters, visitation and support issues and pre-nuptial agreements, and also handle post-judgment matters such as modification of spousal support, child support and child custody orders. We are also experienced in working with victims of domestic violence and obtaining restraining orders when appropriate. In all of our family law matters, we make every effort to help alleviate the anxiety that often arises in such proceedings.
Child custody and support are two of the most contentious issues in many divorce proceedings. Our lawyers encourage clients to participate in divorce mediation before looking to courts to resolve disputes regarding the division of property or child custody. Most courts provide court-ordered mediation before any custody-sharing issue is presented in public. Mediation is done without lawyers present, and most families find this service helpful in working out a custody-sharing plan. Parties are not legally obligated to agree with the mediator, however, and the mediator has no judicial power. Whatever route you choose, our lawyers can help you and your spouse settle the division of your property, child and spousal support issues, and will represent you in court to finalize such matters.
Domestic violence exists where, in any relationship between sexual partners, family members, or people who live or have lived together, a person causes bodily injury, sexually assaults, threatens, harasses, destroys the personal property, or disturbs the peace of another. If domestic violence or emotional abuse is occurring or is likely to occur in your family, one of our family law attorneys can help you obtain a "kick-out" or restraining order. A restraining order may direct the named party not to approach the victim or the victim's home, work, or vehicle, and may prohibit any efforts to communicate with the victim, or to transfer money or other property. Time is of the essence when seeking a domestic violence restraining order. In all of our family law matters, we will do all we can to resolve your very personal, often painful, legal matters as quickly and sensitively as possible.
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- Divorce
- Paternity
- Adoption
- Child Custody & Visitation
- Child Support
- Spousal Support & Alimony
- Juvenile Dependency
- Domestic Violence
- Division of Property
- Grandparent Visitation & Custody
- General Family Law Articles & FAQs
- What Should you Look for in a Family Law Attorney?
- How is Confidentiality Handled by Attorneys?
- What are the Steps Necessary for Completing a Divorce?
- Must Divorce be Filed in the State Where you were Married?
- What are the Residency Requirements for a Divorce in California?
- Must there be Grounds for Divorce?
- Is Spousal Support Required?
- How is Child Custody Determined?
- A San Jose Family Law Attorney Discusses How is Child Support Determined?
- What is the Formula for Calculating Child Support in California?
- Is There a Waiting Period After you File for Divorce?
- How is the Date of Separation Determined and why is it Important?
- How does Joint Custody Work?
- How does Child Support Work in Cases of Joint Physical Custody?
- Can I Relocate and Maintain my Child Custody?
- Are you Responsible for Debt Your Spouse Takes on After Separation but Before Entry of Judgment of Dissolution or Legal Separation?
- What can High Net Worth Individuals do in a Divorce to Protect Their Assets?
- What Happens if Child Support Payments are not Made?
- Are Courts Biased Against Fathers in Custody Decisions?
- Can a Divorcing Spouse Remove a Child to a Different State to Seek More “Favorable” Laws?
- How does Supervised Visitation Work?
- Can Child Support Payments be Changed After a Divorce is Final?
- What Happens to Assets Like a Pension Plan or Business During a Divorce?
- How does Divorce Affect Taxes?
- How does the State Disbursement Unit (SDU) Affect Child Support?
- Must Child Support be Paid Even if you Have no Income?
- Can you be Reimbursed for Child Support Payments if you Discover it is not Your Child?
- Can Overdue Child Support be Cancelled if Paternity if you Discover it is not Your Child?
- Can Depreciation be Deducted from Rental Income in Calculating Child Support Payments?
- What can you do to Enforce a Judgment for Support?
- Can Child Support Modifications be Made Retroactive?
- How does Inheritance Affect Child Support Payments?
- How is Child Support Affected by a Parent with Extraordinarily High Income?
- How does Domestic Violence Affect Child Custody Awards?
- Can you Lower Support Payments if you Make a Career Change Resulting in a Lower Income?
- Can a Support Proceeding Force you to get a job?
- Is Permission Needed from Both Divorced or Separated Parents for the child to get a Drivers License?
- How does the Court Calculate Speculative Assets?
- How does Adultery Affect Divorce?
- Will the Judge Make Sure my Settlement is Fair?
- How do Emotions Affect Divorce Outcomes?
- How can I Limit the Costs of my Divorce?
- Who Pays Attorney’s Fees in a Divorce?
- What Should you do if Your Former Spouse is Mishandling Assets you own Together?
- How does Divorce Affect Estate Planning and Wills?
- What Assets Should be Disclosed During Divorce and what are the Consequences for Non-disclosure?
- Will you get Your “Day in Court?”
- How can you tell What Property is Community Property and Which is Separate Property?
- Can a Divorce Petition be Simply Ignored?
- What Happens if the Family Home is in Only one Spouse’s Name?
- Are you Aware that a Divorce Petition Creates an Automatic Temporary Restraining Order (ATRO)?
- Can the Child Testify in a Divorce?
- Can my Child Have an Attorney in my Divorce?
- How many Years Must you Live Together to Have a Common Law Marriage?
- How does the Statute of Limitations Work in Domestic Violence Cases?
- May a Non-Parent Receive Visitation Rights From the Court?
- Is Splitting Custody with one Parent Getting Each Child Favored by the Court?
- If your Former Spouse Begins Cohabitating with Another, is it Grounds to Reduce Spousal Support?
- How does Child Custody work for Unwed Parents?
- How does Child Support work in Cases with Unwed Parents?
- How can Sagaria Law help you Handle Issues of Paternity?
- What are the Advantages of Legal Separation?
- What is the Difference Between Legal Separation and Divorce?
- What are the Benefits of a Pre-Marital or Pre-Nuptial Agreement?
- What Makes a Valid Pre-Nuptial or Pre-Marital Agreement?
- What is a Post-Nuptial Agreement?
- What are Some Reasons Pre-Marital or Post-Marital Agreements are not Enforced?
- What are the Limits of Getting an Annulment on the Basis of Fraud?
- What Services Does Sagaria Law Offer to Same-Sex Relationships?
- How does the Dissolution of a Domestic Partnership Work?
- How do Same Sex Partners Protect Their Parenting Rights in the case of Divorce?
- What Rights do Domestic Partners have Under the Law?
- Who is Eligible to Establish a Domestic Partnership Under California Law?
- What is Juvenile Dependency?
- What is Step-Parent Adoption and how Does it Work?