At Law Offices of Niedens & Groce , LLP, our attorneys recognize the decision to file for dissolution of marriage, dissolution of domestic partnership or legal separation is probably one of the most stressful and difficult decisions you will make. Throughout the divorce proceedings your case may have one or more of the following issues our attorneys are highly experienced in negotiating and litigating:
Child Custody and Visitation:
What is in the best interest of your minor child(ren)? What happens when parents cannot agree? In order to obtain a court order, parents must participate in custody mediation either through the court system or with a private mediator. When there are true emergencies, the court will make temporary orders pending the mediation. Appropriate preparation for mediation and court can make a substantial difference in the information the court and the mediator receives. There are many factors considered by the mediator and Judge when deciding what is in the child’s best interest. Our lawyers will help you prepare for mediation and identify important information that needs to be conveyed.
Are you entitled to child support? Are you going to be obligated to pay child support? How is child support calculated? Who pays for daycare? What about uncovered medical or dental expenses? Our attorneys will explain the basis for child support calculations and obtain the necessary information to prepare an accurate calculation. The State of California requires guideline support to be determined. The main factors considered when determining child support are income, timeshare with the minor child(ren) and tax impact.
Spousal or Partner Support/Alimony
Are you entitled to spousal or partner support? Will you have to pay it and for how long? Does the support spouse or partner earn an income or will a vocational evaluation be needed to determine their ability to earn an income? There are numerous factors that are considered when determining spousal or partner support and the factors differ when determining temporary vs. permanent support. It is important for you to have an experienced family law attorney representing you, whether you are paying or receiving support.
The division of marital assets in the state of California can be a complicated issue. In general, California treats all assets acquired during the marriage as community property. Once the community assets and debts are identified, the fair market value of the assets will need to be determined so the assets can be equally divided during the divorce. Appraisals of real property, retirement valuations and business valuations to determine the values for division may need to be done during the dissolution process. Our attorneys have worked with many experts and can help identify the appropriate professionals to be utilized in your case. Our attorneys are also experienced in dealing with high net worth cases.
Post Judgment modifications
Have your custody and visitation orders been in place for a significant period of time. Is your child(ren) older now? Have you been paying support for a significant period of time? Is it time to re-evaluate the income of both parties? It may be time to consult with a family law attorney to discuss a Post Judgment modification of custody and visitation, spousal support or child support. Our knowledgeable family law attorneys can discuss your concerns and evaluate your case to determine if a request to modify an existing order is appropriate.
If you are planning on moving out of the county, out of the state or even the country it is important you know this court process can take up to a year. If the other parent is not agreeable to you “moving away,” it is important you start the court proceedings sooner than later so you have a decision by the court before your planned moving date.