The Basics of Family Law Services
Many people associate family law with divorce, but in reality, the field covers many other types of cases, all of which share a familial element. Every attorney who practices in this area doesn’t do so with the same focus and expertise, but it helps to understand the general sorts of services that tend to fall under the family law umbrella.
In San Fernando, the most common family law services include divorce, child custody and support, adoption, spousal support and domestic violence cases.
Divorce is what most people think of when it comes to family law. California divorce law is generally more favorable to the party seeking a divorce than most other states. Among other things, they can file for a no-fault or at-fault divorce. With a no-fault divorce, a spouse doesn’t have to provide any proof of wrongdoing on his or her partner’s part – seeking a divorce for reasons of irreconcilable difference is all it takes. With an at-fault filing, on the other hand, the spouse must provide evidence that the other partner committed fraud, abandonment , abuse or some other marital offense.
Child custody determines who will have the biggest say in the decisions affecting a child’s life. While there are two custody types—legal and physical—most decisions legally are shared between parents. Legal custody covers decisions about a child’s lifestyle, including education, healthcare and religion, while physical custody affects where the child lives. In many cases, parents receive joint custody.
Child and spousal support payments help level the playing field when one spouse remains home with children and the other builds a career. Support payments can also assist a domestic partner or ex-wife who stops working because of domestic responsibilities and therefore cannot support herself when the relationship ends.
Some marriages devolve into domestic violence situations. Those who suffer physical or psychological violence should work with an experienced attorney to make sure they get the help they need to leave an abusive situation. Doing so first establishes the groundwork for any future custody or support cases, and also provides much-needed protections for you and your children.
Reasons to Hire a Family Law Attorney
When it comes to issues involving your family, hiring a talented family law attorney is always in the best interest of the parties. Family law cases are complex and can be difficult to navigate even for the most seasoned attorney. Your family law attorney will know how to help you based upon your unique facts and circumstances. Further, the court system is extremely formal, which does not allow for parties to go without counsel. For example, the Court has strict rules and guidelines as to what information is required to filed and when. Further, there are laws that dictate filing fees, referrals to mediation, hearings, trials, etc. When it comes to a judge making orders involving the life and future of you and your family, it is essential that you have a knowledgeable attorney to represent you in order to ensure that the judge is given all relevant information necessary to make a decision in your favor.
Traits of a Good Family Law Attorney
When faced with a family law issue in San Fernando, you want to find someone you can trust to handle it appropriately. Finding the right family law attorney is vital to your case and your future. But how do you know who the right attorney is for you? One important quality to look for in a family law attorney is experience. A good family law attorney will have worked on many cases before yours, and they’ll know all the ins and outs of local regulations and practices. San Fernando attorneys focus solely on family law cases, so they’ll be well versed in all types of family law matters, from child custody and support issues to divorce and spousal support. Experience should not be your only measure of quality, however. You also want an attorney who has a strong network of other legal professionals, such as experts for your case, additional lawyers working at their firm, and even good working relationships with local judges, to make the process as efficient and effective as possible. Another quality to look for in a family law attorney is empathy. A great attorney will be compassionate toward you and your situation, and they’ll be prepared to guide you through all the tough decisions you’ll have to make. Family law cases can tear families apart and lead to significant emotional stress, so it’s vital to have an attorney who will understand what you’re going through. Additionally, communication skills can help an attorney be more effective throughout your case. A lawyer who communicates well will explain to you all the technical legal language of a family law case, collaborate with other lawyers, and explain the next steps at every stage of your family law proceeding. Good communication skills will help you feel more confident throughout the process. As you interview potential family law attorneys, don’t forget to examine their track record. A strong history of success in similar legal cases is a good sign that their firm can deliver an excellent result for your case.
How to Pick the Right Attorney in San Fernando
When choosing a family law attorney in San Fernando, consider the following steps:
Local Experience: Choose an attorney who has experience in the San Fernando court system. Family law can be complex, and it’s crucial to have someone who understands the intricacies of the local courts, judges, and court personnel.
Firm Reputation: Research the reputation of the firm you are considering. Visit their website, read client testimonials, and ask friends or colleagues for referrals. A reputable firm will be transparent about their track record with family law cases.
Client Reviews: Look for reviews or testimonials from former clients. Online platforms, such as Google reviews, can be helpful in determining whether the firm has a history of successful outcomes in family law matters.
Initial Consultation: Many attorneys offer a free or low-cost initial consultation. Use this opportunity to gauge the attorney’s approach to handling cases, their level of empathy and understanding, and their communication style .
Experience: Make sure that the attorney you choose has specific experience in family law cases similar to yours. For example, if you are facing a child custody battle, work with an attorney who has handled child custody disputes in the San Fernando court system in the past.
Cost: Always discuss retainer fees and hourly rates upfront. This avoids misunderstandings and ensures there are no surprises down the line.
Comfort Level: Choose an attorney with whom you feel comfortable and confident. Your attorney will be your partner throughout the legal process, so it’s important to find someone you can communicate well with and trust.
Choosing the right family law attorney in San Fernando is a critical decision that can impact the outcome of your case. By taking the time to carefully consider your options and ask the right questions, you can make an informed choice that best suits your needs.
Frequently asked questions about family law in San Fernando
We answer the most common questions related to family law:
What is family law?
Family law is a practice area of law that focuses on issues involving families and domestic relations. Laws vary between the states, but typically this area of law involves the following:
How does child custody work in San Fernando?
In California, child custody is determined by the best interest of the child. This means that if possible, both parents will be granted custody. Legal custody entitles the decision-making ability for the child in regards to things like schooling and medical care. Physical custody refers to who has the physical care of the child. Some courts will allow split custody, which is when the time is divided up in such a way that the child resides in two different homes.
How is child support determined?
The court evaluates the net income of both parents, including all income from any source. This amount is reduced by allowable costs of the children’s health insurance and any other allowed deductions, as well as support paid for other children. These numbers are plugged into a guideline formula provided in the Family Code of California. This guideline formula applies to parents who request child support in court or are pursuing a divorce with children. A parent may agree to pay child support at a higher or lower amount than the guideline formula provides as long as there is agreement by both parents and the court approves the child support order.
What to Bring to Your First Appointment with an Attorney
When it comes to your family law issue, you should always be well-prepared before approaching any attorney. A consultation with a family law attorney can give you the professional guidance and support you need to determine your next steps, but it is also important to make sure you are a good fit and have all the documents necessary for your case. The first step to come prepared to an attorney meeting is to bring any and all documents related to your family law issue its entirety. You want to be able to give the attorney as much information as possible to receive the clearest advice. It is important to bring the following documents to your first meeting: It is also essential to ask the attorney the right questions while in his or her office. Make sure you know whether that attorney has handled cases similar to yours in the past , and how his or her practice has shifted in the past few years. Ask about potential costs of your case, such as filing fees, attorney’s fees, travel expenses, etc.; your fee agreement will contain this information, but you want to know exactly what you are getting into over the course of your case. And ask about how often you can expect to meet with the attorney for status updates throughout your case. Preparing for a consultation with a family law attorney is better for your case overall, and puts you into the best position to have a productive and meaningful conversation about your family law situation.