Family law is the category of law that focuses on divorce and its surrounding issues, such as child custody and asset distribution. California is a no-fault divorce state: Either spouse can file for divorce based on irreconcilable differences rather than having to prove one person was responsible for the breakdown of the marriage.
Property, Child Custody, Child Support and Alimony: Attorney Marco Torres
California is a community property state. This means that property and debts will be equally divided by the court. However, any property acquired prior to marriage will remain the separate property of the spouse who acquired it.
In California, either parent may be awarded legal custody or physical custody of the minor child. Generally, the courts allow parents to work out their own parenting schedule. If one parent requests a move-away order for the child, the moving parent must show that the move is in the child’s best interest. The other parent can also provide proof that the move would negatively impact the child.
California also has set guidelines for determining the amount of child support. The guidelines are based on both of the parents’ income and the amount of time the child spends with each parent. In California, child support continues until the child reaches age 19 or graduates high school. If the child is disabled, it may continue for a longer period. If you want to modify child support, it must be shown to the court that there has been material change, such as loss of a job. The court may also order alimony for one of the spouses. Considerations for alimony include the standard of living during the marriage, each spouse’s income and the duration of the marriage.
Alternative Resolution: Mediation
Mediation is an alternative resolution process and comes with a lot of advantages compared to fighting it out in family court. The mediation process is less costly, time-consuming and adversarial. A series of meetings is led by a neutral third party, who helps partners identify and resolve issues. The goal is to reach an agreed settlement. During the mediation process, attorney Marco Torres helps clients prepare for the meetings and acts as a legal coach. And if an agreed resolution cannot be achieved, Marco Torres is ready to represent your best interests in court.
If you’re facing a divorce, turn to the Law Office of Marco Torres for the best legal advice and representation. He’s committed to acting in the best interests of the family.