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A divorce, child custody case or other family law case does not always have to be a combative experience. Even when the issues are complex, your future is at stake and emotions are running high, we will work hard to protect your legal rights while avoiding unnecessary conflict and heartache.
As an experienced Family Law Attorney, I am dedicated to providing legal services to individuals and families in Northern California. Our practice focuses on the following areas:
• Divorce
• Child Custody and Visitation
• Marital Property Division
• Child Support
• Spousal Support
• Move-Away Cases
• Post-Divorce Disputes
• Guardianships
• Cohabitation
• Parentage
Family law issues can be very emotional and financially draining. It is always our goal to guide you through this process and obtain the best possible outcome.
Divorce:
A court of law is the only way you can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marriage, the court also has jurisdiction to resolve other issues that are intertwined in the marriage which include: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, may be divided. Marital property can include real estate, pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the marital property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree.
Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.
Child Support:
Child support is a payment made to a custodial parent from a non-custodial parent to help Child support is generally calculated through the use of a computer calculation, which will include your income, the other parents income, the percentage of time you spend with your child, etc. It is very important to make sure that the court has all of the correct information to assure that you are not paying too much or not receiving enough support
Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.
Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.
There are several factors a judge considers when deciding whether to grant alimony. They usually involve things like the parties' ability to earn money, both now and in the future; their age and health; the length of the marriage.
Divorce Mediation:
Divorce mediation is a focus on resolving problems, not fighting in court. Family mediation is a process which allows a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together.
Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.
Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.
If you or someone you know are involved in a divorce or child custody issue and needs the assistance of an experienced Family Law Attorney, call Amaya & Associates today at (530) 897-3700, or complete the contact form provided on this site to schedule your free consultation.
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