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Divorce in California

Law — Wed, 15 Feb 2012 19:55:34 +0000

If you are interesting in filing for divorce in California it is important to familiarize yourself with the most current laws surrounding divorce. Frequently asked questions regarding divorce are often whether they should hire an attorney? In addition, what is the duration of a divorce in California. These questions are all significant and one should know the answers before filing for a divorce.

Attorneys are helpful in answering any questions you have regarding the divorce. The attorney will be able to walk you through each step until the divorce is official. When contemplating hiring a divorce attorney it is important to ask what their fees will be and exactly what these fees will cover.

The duration of a divorce in California is a minimum of six months. The laws of California require a six month waiting period to ensure that both parties do in fact want to continue with a divorce. This waiting period allows for both parties to take some time and evaluate there decision and decide what is best for their family and children.

For further information regarding divorce and more please contact the OC divorce and Family Law Attorneys at 714-665-8322. Call today for your free 60-minute consultation!

Methods of Conflict Resolution

Law — Wed, 08 Feb 2012 18:59:18 +0000

If you are unsure if you would like to file for divorce, then it is important to consider alternate methods of conflict resolution. Mediation is an alternative method of conflict resolution. Mediation involves both parties voluntarily agreeing to attend mediation session. The mediator attends the discussion sessions between the parties to ensure that both parties are able to voice their concerns. Mediators are third party neutral unbiased individuals. These mediators are not to give solutions to problems they are simply there to facilitate the flow of conversation between the parties. The parties are to create fair and reasonable solutions to their problems.

It is important to know your options and rights before filing for a divorce. It is important to consider what is in the child’s best interest when dealing with family conflict. It is beneficial to speak with a legal professional and family and friends who may have gone through the divorce process.

For further information regarding divorce, mediation, or conflict resolution please contact the Family Law Lawyers for Irvine at 714-665-6600. Call today for your free 60-minute consultation!

What is a Child Custody Evaluation?

Law — Tue, 10 Jan 2012 19:47:12 +0000

In order to assist in determining what is in the best interests of the child, the court sometimes appoints a child custody evaluator. The child custody evaluator considers the health, safety, welfare and best interest of the child regarding custody and visitation issues. Generally, the child custody evaluator conducts interviews with the parents, children, other relatives, teachers, medical providers and other individuals who will be likely to be able to provide valuable information regarding the above-mentioned issues.

The evaluation itself usually includes reports written by mental health professionals, law enforcement agencies, drug and alcohol testing providers or reports from providers of anger management or parenting classes. After these reports have been completed, you will be provided with a copy. However, it is important to note that these reports are confidential and should not be copied or transferred to individuals other than your attorney. Because a child custody evaluation does cost money, the Court will make orders indicating which parent will be responsible for the costs.

For further information regarding child custody please contact the California Child Custody Attorneys at 714-665-8322. Call today for a free consultation!

Child Custody and Modifications

Law — Thu, 29 Dec 2011 20:02:48 +0000

Child custody orders are always modifiable, and for good reason. Not only do circumstances change, but a child’s needs change as they grow. In general, small infants often attach to a primary parent, but because their memory is so short, they need more frequent contact with the other parent in order to bond with that parent. As the child becomes older and develops a strong relationship with both parents, an overnight may be appropriate. For school aged children, exchanges each week may be appropriate, depending on the child’s relationship with each parent.

The Court’s main concern is the best interests of the children, but the Court’s are also concerned with both parents having frequent and continuous contact with the child. The definition of what that is may differ from case to case, but the idea is always the same.

For further information regarding child custody and modifications please contact the California Child Custody and Modification Lawyers at 714-665-8322. Call today for your free consultation.

Hiring a Divorce Attorney

Law — Thu, 22 Dec 2011 20:39:49 +0000

Hiring a divorce attorney can be one of the most important decisions you will make. Divorce attorneys will be there to answer any question you have during the divorce process. It is important to make sure that you get along with this person. This person will be fighting for you and your family. It is important to interview and get to know the attorney as best as you can before deciding to hire them.

Divorce attorneys handle various issues regarding child support, child custody and visitation, spousal support, property division, and more. Initially you may feel that your divorce will be amicable but the other side may not want to make things easier. The attorneys will let you know details regarding what course of action to take. The more amicable the divorce the easier it will be to keep the costs down. If the divorce winds up being highly contested, this meaning both parties are unwilling to agree on a multitude of issues than the costs may increase.

The attorneys at Yanez & Associates will work with your financial ability. They may be able to work out payment plans depending upon your situation. If you are interested in scheduling a free 60-minute consultation you will want to call the Irvine Divorce lawyers at 714-665-8322.

What is the difference between a domestic partnership and a marriage?

Law — Wed, 21 Dec 2011 19:45:15 +0000

Both marriages and domestic partnerships are legally recognized relationships entered into by a couple. However, a couple in a domestic partnership must be cohabitating (living together) and are not legally married via marriage certificate or civil ceremony contract. A common reason couples choose to enter into a domestic partnership is to be able to sign agreements about shared property. In this way, the contract can take effect in the same way as if the couple were legally married. Same-sex unions may also utilize a domestic partnership agreement.

In what ways can child custody be determined in divorce?

There are essentially five ways in which child custody can be determined during a divorce.

1. Child custody can be agreed upon by the parents on their own.

2. Child custody can be agreed upon with third party settlements.

3. Child custody can be decided during mediation between the parents.

4. Child custody may depend upon the outcome of a custody evaluation.

5. Child custody may be determined by a judge during trial.

For further information on Family Law and Divorce in Orange County you will want to contact the Law Offices of Yanez & Associates at 714-665-6600. Call today to schedule an appointment to speak with one of the attorneys at the firm.

Child Visitation Attorneys

Law — Tue, 20 Dec 2011 17:08:52 +0000

If you are looking for a child custody and visitation attorney you will want to look for a family law attorney in your area. Family Law attorneys handle all areas of divorce such as property division, custody and visitation, spousal support, and other issues stemming from divorce. If you would like visitation with your child you will want to make sure you get a court order indicating how much visitation each party is to have. At times divorces can get complicated, and if you feel unsure of the divorce process you will want to interview various attorneys in your area. By interviewing various attorneys you will be able to find one that suits all of your needs.

Child visitation will be based on the best interest of the children. In addition to the child’s needs, the living situation and financial situation of each party may also be evaluated. Many factors will go into deciding how much visitation each parent has. If there have been any instances of child abuse or domestic violence this will also be a factor.

For further information regarding Divorce you may want to contact the Costa Mesa Divorce Attorneys of Yanez & Associates at 714-665-6600. We offer a free 60-minute initial consultation!

How Can I Modify Child Support?

Law — Mon, 19 Dec 2011 19:14:05 +0000

If you are looking to modify child support you will want to do your research or speak with a Family Law Divorce Lawyer. The divorce lawyer will inform you regarding which documents to present to the court to show a change in circumstance. If there is already a court order regarding the amount of child support due monthly it can be changed if you can show that their has recently been a change in circumstance preventing you to make the payments on time and of the amount ordered by the court. The judge will sometimes allow a change in support but their will need to be a significant change in circumstance. Smaller payment plans may be able to be worked out until the party gets back on their feet financially.

The judge will be able to see if their is a valid reason to lower support owed to support your child. For instance, if you are recently disable, have lost your job, or have other financial issues impeding your ability to pay. It is important that as soon as your circumstances change that you inform the court in a timely matter so they are able to accomodate you accordingly. Furthermore, if you contact the local court that your matter was heard in they can inform you as to what paperwork needs to be filed and on what floor.

If you would like to speak with a Divorce Lawyer in Orange County you can contact Yanez & Associates at 714-665-6600. The firm offers free 30-minute consultations! Feel free to contact us with any questions you have regarding the modification of child support process.

How to Obtain Custody and Visitation

Law — Sat, 17 Dec 2011 21:33:30 +0000

If you are having difficulty working out custody and visitation with the opposing side you may want to contact a Family Law Divorce Lawyer. The usefulness of consulting with an attorney is that they are familiar with the specific laws in your area. In addition, they may have dealt with a case similar to the one you are facing and will know the proper way to approach such a matter.

Various methods can be used for conflict resolution such as working things out between the two parties exclusively. Second, attempting to go to mediation to work out an agreement or to organize a set schedule with the other party. Additionally, the traditional court process may be necessary if an amicable agreement cannot be worked out.

If you choose the traditional court method you may want to visit with several lawyers to gain a better understanding of the court process and what fees they will be needing to get started and finish the divorce for you and your family. Family Law attorneys sometimes offer free 30-minute consultations. The Southern California Divorce Lawyers and Family Law Firm of Yanez & Associates offers a free initial consultation for 30-minutes at no charge! If you are interested in scheduling a consultation with one of the attorneys at the firm feel free to call us at 714-665-6600. Here at the offices of Yanez & Associates we are here to answer any questions that you may have regarding the divorce process. We are here to take calls 24/7 and simply help ease some stress associated with a divorce.

Divorce Alternatives

Law — Fri, 16 Dec 2011 18:56:14 +0000

Mediation is a less costly alternative to filing for divorce. Mediation is voluntary and is a method of conflict resolution. In a mediation session there is a mediator who will help to facilitate conversation between the two parties. The mediator will attempt to remain unbiased and not give suggestions or advice as to how the parties should resolve their conflict. In a mediation session the goal is to help the parties give an take and assist them in reaching an amicable agreement.

Mediation sessions are becoming more popular. People may not be aware of the divorce alternatives available. If you are in the County of Orange you will want to research mediation services available for your county. It is important to research the mediation process and find out if this is the proper alternative for you.

Furthermore, if you are still debating which divorce alternative to pursue you may want to speak with a divorce attorney. Some Divorce Attorneys in Southern California can also assist with divorce mediation. If you are interested in these services feel free to call a divorce attorney at 714-665-6600.