Laguna Niguel Family Lawyer

Laguna Niguel Family Attorney

Family law is the branch of the legal system that deals with disputes within families. Common matters are divorce, including property division and spousal support, and child custody, which includes parenting plans and child support. Given the nature of these matters, it is common to need to modify agreements as well.

If your family is facing these issues, a Laguna Niguel family lawyer at The Hatherley Firm, Inc. can help you make the right choices for your family.

Family Law Explained

Some of the most emotionally charged cases happen in family court. Attorneys who practice family law in Laguna Niguel need to have a deep understanding of divorce and child custody laws and the tendencies of how judges handle cases in Lamoreaux Justice Center, Orange County’s family law court. These issues can have a long-lasting impact on the well-being of the people involved, and a family lawyer who has experience in related legal situations is crucial.

Divorce

Laguna Niguel is home to about 18,000 families, 14,000 of which are married, and 6,100 have children under 18 living at home. The divorce rate in California is about 5.88 divorces per 1,000 people, a 1% decrease but significantly lower than the national average of 7.1 divorces per 1,000 people.

Divorce, which is called dissolution of marriage in California legal situations, is one of the major types of cases handled in family court. Each case is unique, but California treats opposite-sex marriage, same-sex marriage, and domestic partnership the same. Divorce involves making decisions about how spouses will split property and debts and how to care for any children. Child custody is handled separately, so the main issues in a divorce are:

• Property division. Since marriage is a legal arrangement in California, so is divorce, and the law is designed to make sure each spouse receives fair treatment. In general, each spouse keeps half of the marital property, as well as their own separate property, and ideally, spouses can come to an agreement on their own. However, divorce is rarely straightforward, and when necessary, a family court judge will decide how to split assets.
• Spousal support. Spousal support is also called alimony, and it is money paid from an ex-spouse to the other when there is a significant discrepancy in each spouse’s income. Spousal support is not required for every case, and when it is necessary, payments are often made monthly.

Child Custody and Support

Child custody is often related to divorce, but not always. Couples who were never married separately may need a child custody agreement and parenting plan. In addition, child custody and support are handled as a separate legal process from divorce. Generally, both parents in California are expected to contribute to raising and financially supporting their children, but that can look different based on each family’s needs.

• Custody. There are two elements of child custody, legal custody, and physical custody, and both parents have a right and obligation to each. Legal custody refers to the person who makes decisions regarding the child’s well-being, and physical custody refers to the person with whom the child lives. A detailed parenting plan is essential, and as children grow and families change, the parenting plan often needs to be modified as well.
• Support. Child support does not always mean a 50/50 split between parents. California has a complex formula to determine each parent’s financial responsibility, which includes each parent’s income and expenses and the needs of each child. If there is a significant difference in income or which parent the child lives with most of the time, child support can often be ordered by the court.

FAQs

When Should You Hire a Family Lawyer?

You should hire a family lawyer for most cases that are related to divorce or child custody and support. In cases where a couple does not have children or marital property, you may not need a family lawyer, as the process is relatively straightforward. However, when children are involved, or there is a property that needs to be divided, a family lawyer can make sure that everyone is treated fairly and protect your interests and rights.

Who Pays for Divorce in California?

In California, each party pays for their own divorce expenses. In some situations, like if there’s a large income disparity and one partner can’t afford a lawyer, a family court judge may order one partner to pay for part or all the other partner’s legal and court fees. It’s uncommon, and a family lawyer can help you determine if that applies to your case and, if it does, file the appropriate paperwork with the family court.

Do You Have to Go to Court for Divorce and Child Custody?

No, in many cases, divorces and child custody cases can be resolved outside of court. If both parties agree on the terms of divorce and child custody, a judge still must approve the agreement, but a court date is generally not required. However, in cases where the parties can’t come to an agreement, a court hearing before a judge is necessary, and the judge will make the final determinations about property division, spousal support, and child custody and support.

What Is the Difference Between a Family Lawyer and a Divorce Lawyer?

The difference between a family lawyer and a divorce lawyer is that a divorce lawyer is a kind of family lawyer. Divorce lawyers focus on cases related to divorce, whereas a family lawyer may handle those or any combinations of child custody, adoption, name changes, guardianship, pre-and post-nuptial agreements, abuse, and other kinds of family law cases. Every divorce lawyer is a family lawyer, but not every family lawyer is a divorce lawyer.

Laguna Niguel Family Lawyer

The Hatherley Firm, Inc. focuses exclusively on family law. Our team has extensive experience in multiple areas of family law. When your family faces legal challenges, you can count on us. Schedule your consultation right away to discuss your case and learn which options might be right for your family.