Best Family Law Services in Culver City, CA
Divorce
How Long Does the Divorce Process Take?
California requires that you wait at least six months after filing your petition before your divorce can be finalized. It is one of the few states that actively has this requirement. This is done to ensure that you are absolutely sure you cannot continue on as a married couple.
What is a Spouse Entitled to in a Divorce in California?
A spouse in a California divorce can be entitled to up to half of the marital assets and a percentage of the spouse’s income for child support and spousal support.
HIGH ASSET DIVORCE
Filing for Divorce
Filing for a high-asset divorce can be complicated. In California, couples with $1 million or more in assets are considered to have high net worth; for them, the process of filing for a divorce will be much different than couples with fewer assets. If you’re pursuing a high-asset divorce, here’s what you should expect.
While filing the necessary documents for a high-asset divorce with the court is similar to a traditional divorce with fewer assets, it often becomes complicated once the process of disclosing financial assets and debt begins.
Spousal Support
What you Need to Know About Alimony
During a proceeding for dissolution of marriage, the court can grant alimony, aka “spousal support” to either party. The court can also decide whether this payment will be made in one lump sum or during set monthly periods. They will also take into consideration factors such as standard of living and domestic abuse, when determining spousal support. The primary determination of how much spousal support, if any, should be granted, is whether or not either party has a need for spousal support.
Many cases require an experienced lawyer to secure or defend against a spousal support award. Then, it is not enough to determine whether or not a spousal support award is warranted, your lawyer has to determine the correct type of spousal support for your particular needs (or how to defend against paying that particular spousal support). Military divorces may have special considerations.
Child Support
How to Enforce or Modify Child Support
Child support orders are not permanent. You can ask the court to modify your child support if there has been a “significant change in circumstance.” This can include, but is not limited to:
- Job loss
- Pay cuts
- Remarriage of the custodial parent
You should also ask the court to enforce a child support order if the non-custodial parent has fallen behind on payments and is showing no effort to pay what is due. Our child support lawyers can help you enforce or modify child support anywhere in California.
Visitation
How to File for Visitation
If you are the legal parent of a child and have not successfully reached an agreement concerning visitation arrangements with the child’s other parent, you have two options for how to proceed. First, you and the other parent may work with a mediator who can strive to help you reach an agreement. Alternatively, you can file for a hearing with the court to give you an order that grants you visitation.
To file for visitation through the court, you will need to complete a request for order form (RFO). You will be required to include some personal information, such as the names and addresses of the parties, as well as the specific visitation rights you are seeking. You will then need to file the RFO with the county clerk. During the visitation hearing, you and the child’s other parent will have the opportunity to present your case, providing the judge with evidence and witness testimonies.
Child Custody
How is Child Custody Determined?
Taking an issue to family court can present different potential outcomes. Depending on each family’s situation, there are various ways to divide up the time a child will spend with their parents. These can include sole custody or joint custody.
A judge’s primary concern during a child custody hearing is the child’s best interests. When determining the best interests of the child, the judge should consider several factors that impact the child’s well-being.
These factors may include:
- The child’s age
- The child’s health
- The relationship of the child with each parent
Paternity
What are a Father’s Rights if he’s not Married?
Even if a man genetically contributes to a child’s birth, paternity can only be established through adoption, marriage, or a court order. A biological father has no legal rights if a child is born out of wedlock or is the result of an extramarital affair. In the latter scenario, the woman’s legal spouse would automatically be granted paternity rights regarding the child. A biological father only has two years from the date of the child’s birth to petition the court for a paternity test.
How Is Paternity Established in California?
There are two ways to establish paternity in California: getting a court order or voluntarily signing a Declaration of Paternity. Parents usually sign a Declaration of Paternity in the hospital after a child’s birth.
Fathers’ Rights
What Rights do Fathers Have in California?
Many Fathers feel that courts unfairly favor the mother in matters of divorce, child custody, child support, and so on. Some would say courts don’t grant many fathers fair custody rights.
In many cases, fathers need to fight to ensure their rights are not overlooked. Regardless of whether the father is divorce, separated, or unmarried, the law grants certain rights to fathers regarding their children. Let us help you uphold your father’s rights!
Mothers and Fathers Alike Have the Right to:
- Decide on their child’s religion, health care and education
- File for changes in custody or support if circumstances change
- Raise their children through visitation and custody agreements
- File for changes if the other parent does not follow the custody or support guideline.
Restraining Orders
Do you Need Protection now?
If you are suffering a domestic violence issue, it is essential to involve a strong and aggressive lawyer for your safety as well as your love ones NOW! If you or your children are being abused by your spouse or a domestic partner, the situation calls for legal assistance. The Law Office of Anne Dowden Saxton is a firm that focuses on providing the protection individuals and families need during this difficult time.
How can I Protect Myself From an Abusive Spouse?
The court has the ability to issue an emergency domestic violence injunction. This will prohibit your spouse from coming into contact with you for 15 days.
Pre & Postnuptials
Is a Prenuptial for you?
Marriage is not a commitment that should be entered into without taking into consideration all legal elements involved. It is important to fully understand the marriage contract prior to signing. The marriage contract is a commitment and therefore, there are heavy consequences if divorce occurs.
The Law Office of Anne Dowden Saxton, can help you establish a prenuptial agreement that can protect your income, assets, and property in the case of a divorce. They are especially important in high net worth divorce cases because there is much at stake. These agreements protect those who do not wish to be taken advantage of by the other party. They also are designed to modify terms of a marriage contract in case the marriage does not work. Within the prenuptial agreement, it is important to discuss alimony, so that you are not forced to support an individual who has committed adultery.
Estate Planning
Do you Have an Estate Plan?
With decades of experience, we represent clients in complex disputes involving wills, trusts and estates. The experience our Law Office brings to the table allows our attorneys to foresee issues before they arise when drafting your customized and tailor-made estate plans, saving you and your family the expense, and frustration associated with costly litigation and or potential probate cost.
Appeals
Reverse Your Losses
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.
The 7 Most Common Grounds for an Appeal
Here are some of the most common reasons to appeal a case, However, know that there are other errors of law and grounds for appeal beyond these common ones. Our in-house attorney specialist Travis Poteat is skilled to handle them all.
Personal Injury
Protect Your Rights Today!
Rely on Our Skilled Team If You’ve Been Injured
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind.
When you’ve been injured due to the action of another, don’t ignore your rights or go it alone against insurance companies and their representatives. Concerns for potential personal injuries are as follows but not limited to:
Conservatorship
What is Conservatorship?
A Conservatorship is a court proceeding in which a Judge appoints a family member, friend, another responsible person or a professional fiduciary (conservator) to care for a person (conservatee) who cannot care for themselves and/or their finances.
Conservatorship of the Person
In a Conservatorship of the Person, the conservator is responsible for making sure that the conservatee has proper food, clothing, shelter, and health care. Depending on the conservatee’s ability to understand and make decisions, the conservator may need to make important medical choices for him or her.
Power of Attorney
Should you Have a Power of Attorney?
A California Durable Power of Attorney is a document that authorizes your agent (a person you choose) to manage your financial affairs if you become unable (or unwilling) to manage them yourself.
This is similar to a healthcare power of attorney, however it only relates to financial decisions and does not have any control over health care decisions.
Clients
