Divorce, Separation, and Custody issues are some of the most emotionally and financially devastating events that anyone can experience. It can be overwhelming and time consuming. Moving through the legal process is daunting and the amount of paperwork is tremendous. Your family is different from everyone else and your family’s legal needs should be addressed based on your needs, not a boilerplate approach.
Attorney Stephanie J. Squires is committed to giving you the personal attention you and your family needs. The divorce professionals at the Law Office of Stephanie J. Squires will give you the honest answers you deserve and help you find a resolution to the important issues that arise in your divorce. Whatever the particular challenges of your divorce, Stephanie J. Squires has the experience and dedication it takes to successfully fight for your best interests. With strong litigation skills and more than 22 years of professional experience, Ms. Squires understands how important it is to put your needs first. Whether your divorce involves resolving issues of child custody, visitation rights, domestic violence, property division, or spousal support, you can know that with Attorney Squires, you are in capable and caring hands. Having a knowledgeable and trustworthy Upland divorce attorney on your side can make all the difference.
The power of the court does not end when a court order is issued. The parties involved are required to adhere to the provisions in the orders. If there is a failure to do so, the legal system allows for various actions to be taken to enforce the order. This is called Contempt of Court.
CUSTODY AND VISITATION
In order to get custody orders, you must file a Request for Order. This is done by filling out several forms, starting with form FL-300. The person asking for the orders is called the moving party. It does not matter if you are the Petitioner or the Respondent, either side may file a request for order.
DIVORCE AND DISSOLUTION
The Process from start to finish can take several months to several years. The information on this website is not meant to substitute for the representation of a competent family law attorney. It is meant to inform and empower you as to the basic procedures and remedies that are available to you.
Whether you are the victim of domestic violence or you have been accused of domestic violence, it is a serious matter and you should seek the help of an attorney who understands the consequences for both victim and accused. The law regarding domestic violence is called the Domestic Violence Prevention Act (DVPA) (Fam C §§6200–6409) and may be filed at any time.
A court has the authority to grant “reasonable visitation” to grandparents in dissolution, nullity, or legal separation proceedings. In addition, if either natural parent is deceased, the court may grant reasonable visitation of a minor child not only to the parents and grandparents of the deceased parent but also to any children or siblings of the deceased parent.
A legal separation involves all of the same issues addressed in a proceeding for dissolution of marriage or Registered Domestic Partnership—except the parties are NOT returned to the status of single people. A legal separation resolves the same issues as a marriage or registered domestic partnership – community property is divided, separate property is confirmed, child and spousal or support may be awarded, and child custody orders are made, but the parties remain married.
A divorce mediator is a neutral third party who will work the both of you to come to a resolution about important issues regarding your divorce proceedings. Typically, mediation is cheaper than litigation and can help you finish your divorce quicker than a litigated battle.
MODIFICATION OF COURT ORDERS OR JUDGMENT
After your divorce is finalized and the court has issued orders related to property division, spousal or child support, and child custody/visitation, you may find that your circumstances have changed enough to seek a modification.
MOVE AWAY / RELOCATION
Moving a child away from the other parent is a serious matter for the court. When it comes to custody, the first rule is that the child will have “frequent and continuing contact” with both parents. If one parent wants to move several states away from the other parent, who gets custody?
The state of California commonly recognizes only married husbands as legal fathers and grants them parental rights. If you were unmarried during the conception or birth of your child, it is important that you establish paternity to retain your rights. Child custody and visitation as well as child support can all be affected by paternity.
In discussing “Division of Property” most people think of real estate, the family home, a rental property, a vacation home. But the term property includes much more than that. Before determining how “property” is going to be divided the judge must first determine the “characterization” of the property. Is it “Community Property” or is it “Separate Property”?
SUPPORT – CHILD AND SPOUSAL
Support orders may seem relatively simple to get – fill out a few forms, get a court date, show up and get an order. But there is a lot more to them than just paperwork. Once the case has been filed you are now able to request the court make orders regarding issues such as Spousal Support or Child Support, Attorney’s fees, Custody and Visitation, and other areas relevant to your case. This is done by filing a Request for Order.
Uncontested cases include those that have been settled through mediation, collaborative divorce, or cooperatively with the help of attorneys, or by self-represented litigants. Not all couples seeking a divorce are at odds with one another. An uncontested divorce saves time and money and allows you to avoid the stress of hashing out the personal details in open court.
FREQUENTLY ASKED QUESTIONS
Going online may seem like the quickest, and cheapest alternative or downloading the forms and writing up your own divorce. However, I have had to repair damage from attempted “cheap” divorces when clients came to us facing threats posed by simple errors: not filling the forms out correctly, wrong wording regarding the family home, no information about support amounts, wrong documents filed, and finally – not completing the case and discovering you aren’t really divorced.