Family law matters can be overwhelming and stressful. At the Law Office of Stephanie J. Squires, our experienced Claremont family lawyers work with people who are dealing with all types of family law issues. We have supported clients through issues like thinking about divorce, contemplating a prenuptial agreement, or requesting help with adoption or establishing paternity.
Family Law in Claremont
Family law is a branch of the legal system dedicated to addressing familial relationships and domestic matters. Our law firm covers the full range of family law matters, from divorce to domestic violence.
Dissolution and Divorce
Often referred to as a dissolution under California law, divorce is the legal procedure that formally terminates a marriage. Since California is a no-fault divorce state, neither party needs to prove that the spouse did something wrong to justify their divorce. There are two options, though: citing irreconcilable differences or permanent legal incapacity to make decisions. Most couples cite irreconcilable differences as their reason.
Very rarely do people cite permanent legal incapacity to make decisions in their divorce. To prove this, one party is required to present evidence such as medical or psychiatric testimony indicating their spouse lacks the legal capacity to make decisions at the time of the divorce filing and continues to lack capacity.
Prenuptial/Postnuptial Agreements
Prenuptial agreements are legal documents entered into by two engaged individuals to establish what will happen in a potential divorce, separation, or death. Often called “prenups,” they must be written and signed by both parties, done voluntarily, include full financial disclosure, and include fair and reasonable agreements.
Prenuptial agreements usually contain how assets and property will be divided, any spousal support or alimony agreements, debt responsibilities, estate planning matters, and any additional things that both parties agree to include.
On the other end, postnuptial agreements, commonly called “postnups,” are similar legal documents created by couples after marriage and include most of the same information as prenuptial agreements. Both agreements are meant to establish clear terms, simplify any future divorce resolution, and protect each individual’s assets.
Ending a Domestic Partnership
In Claremont, California, a domestic partnership is a legal relationship between two individuals who choose to become partners without getting married. There are some similarities between a domestic partnership and a marriage, such as health coverage benefits and the right to adopt children, but a domestic partnership does not afford the couple all the rights of a marriage.
When a couple decides to end a domestic partnership, the process begins with filing a Notice of Termination through the Secretary of State. The couple will then either proceed with a dissolution or termination of their partnership, depending on the complexity of their issues, partner agreement, and guidance from a family law attorney.
Spousal Support
Spousal support, also known as alimony, is financial support provided to one spouse from another. California law governs spousal support, which can be temporary or permanent.
Temporary spousal support is financial aid one spouse offers to the other during their divorce process or legal separation proceedings. Its purpose is to bridge any immediate financial gaps and uphold a fair standard of living, particularly for the spouse with a lower or nonexistent income. Once the final spousal support arrangement is made, permanent spousal support is established.
Permanent spousal support is ongoing financial aid one spouse is required to make after their divorce or legal separation is finalized. Determining if there should be permanent spousal support and, if so, how much the support will be is dependent on factors such as:
- Marriage length
- Standard of living
- Financial needs and resources of both spouses
- What each spouse contributed to the marriage
- Health and age
- Employment history
- Educational history
- If any domestic violence occurred
Either spouse can submit a request to modify permanent spousal support based on changing circumstances, such as loss of employment, promotions, health or medical expenses, cost of living adjustments, or remarriage.
Child Custody and Support
California’s child custody and support laws have a primary obligation to safeguard the well-being and interests of the child. When a court decides upon custody determinations, it will consider the child’s age, health, support needs, pre-existing parental relationships, each parent’s ability to provide for them, their work schedules, and schooling and extracurricular activities.
Child support is a legal obligation that requires a parent to provide financial support for the care and well-being of their child. In Claremont, child support calculations usually follow statewide guidelines specified in the California Family Code. This takes into account the incomes of both parents, time spent with both parents, taxes and deductions, health insurance, and other relevant factors.
Mediation
Mediation can be a beneficial resource in family law matters. The goal of mediation is to enable all parties to collaborate on solutions that will work for everyone. The issues that are usually addressed in mediation include divorce, child custody and support, spousal support, and property division. In some situations, the court might refer parties to mediation before allowing litigation.
A family law attorney can assist in mediation by providing legal advice, preparing clients for the mediation session, facilitating communication, supporting negotiations, reviewing agreements, and drafting legal documents.
Other Family Law Matters
Our family law attorneys also work with matters including adoption, paternity establishment, same-sex family issues, domestic violence, grandparent’s rights, step-parent rights, and modification of court orders and judgments.
Should I Get a Lawyer for Family Court in Claremont?
While there is no legal obligation to have a family law attorney represent you in California family court, representing yourself comes with drawbacks that could severely outweigh the benefits. You might risk legal errors, not fully exercise your rights, or lose out on opportunities an attorney would recognize. If you’re unsure whether or not legal representation would be beneficial to your case, we recommend reaching out to an experienced family law attorney who can evaluate your circumstances.
Consult With a Claremont Family Law Lawyer
At the Law Office of Stephanie J. Squires, our family law team can skillfully support and navigate you through the difficulties of family law. We are devoted to securing you the most favorable outcome for your case. Contact us today and schedule a consultation so we can begin reviewing your situation and strategizing your legal options.
