There is probably no other area of law where the saying “no two cases are alike” applies more than in family law.
At Pakpour Banks LLP, our Davis family lawyers are committed to giving each of our clients personalized attention in order to achieve their desired results. Family law can be complex; it is important to work with a knowledgeable lawyer in the field. Choosing the right lawyer for your needs could make all the difference in the outcome of your case.
Do You Have a Family Law Matter in Davis, California?
Whether you are dealing with a divorce, child custody, spousal support, guardianship, or another family-related issue, let the Davis family lawyers at Pakpour Banks LLP help.
Family law is a broad category that encompasses many different areas of law including:
- Child custody and support,
- Division of assets,
- Prenuptial agreements,
- Paternity, and
If you live in or around Davis, California, and you find yourself facing any of these situations, contact one of the knowledgeable Davis family attorneys at Pakpour Banks, LLP to discuss your rights, obligations, and options moving forward. Don’t face a family law matter alone. Let us be there for you.
Divorce is the legal dissolution of a marriage or domestic partnership by a court of law. The divorce process can be complicated and long with necessary steps that must be followed.
California is a no-fault divorce state. In other words, the party filing for divorce does not have to prove any wrongdoing by their spouse or give a reason as to why they want a divorce. The court will not consider wrong-doing or fault when dividing assets or determining support.
A divorce begins when one spouse files a petition for divorce. This is best done with the help of an experienced lawyer. In California, the petition must be filed with the court in the county in which at least one of the parties resides for a minimum of three months prior to the filing.
Once the petition for divorce is served, a mandatory six-month waiting period begins. During this waiting period, both parties must fill out certain financial disclosure forms.
California does not recognize common-law marriage (unless it was a common-law marriage formed in a state where common-law marriage is recognized). You must be legally married or in a registered domestic partnership to file for divorce. However, if you are in a registered domestic partnership, the process of a divorce or dissolution will be virtually the same.
In California, both parents have a legal right to equal custody of their children. Parents have the ability to amicably agree to a child custody agreement. However, if they are unable to agree on their own, the court will determine the agreement based on what is in the best interest of the child or children.
The goal is to promote the health, safety, and welfare of the child. Factors the court will consider include things like:
- The age of the children (e.g. a nursing infant),
- The health of the children,
- Each parent’s work schedule,
- Children’s ties to the community (e.g. school, activities),
- Distance between the parents’ residences, and
- Domestic or substance abuse.
Usually, the court will interview each parent and child (depending on their age) to gather the above information to make a well-informed decision regarding child custody and visitation.
When one parent is designated the primary caregiver because the children are with them more than half of the time, the other parent generally has to pay child support. In determining the amount of child support, the court must follow specific statutory guidelines. This helps to ensure the parents provide their children with at least a minimum amount of support.
In California, to determine child support you must have the following information:
- Each parent’s gross income;
- The percentage of time the children spend with each parent;
- Income tax deductions each parent can claim;
- Any payroll deductions such as health insurance, pension, or union dues; and
- The cost of child care.
Once you have all this information, the child support calculator will generate the amount of child support.
Although it may sound straightforward, the formula is actually quite complicated. Generally, judges must adhere to the guidelines and formula. However, there are circumstances in which the court can deviate from the amount calculated—for example, if a child requires special medical needs that would require additional money.
Determining the amount you may be ordered to pay or the amount of child support you may be entitled to receive can be complex. Let the attorneys at Pakpour Banks LLP guide you through the process.
Much like child support, spousal support—or alimony—depends on a number of statutory factors. However, the guidelines are different from the child support guidelines. Some factors the court will consider to determine spousal support are:
- The length of the marriage,
- The age of the spouses,
- The financial situation of each spouse,
- The ability of the lesser earning spouse to earn more, and
- The time it would take for the financially dependent spouse to become self-sufficient.
Typically, alimony will have a set duration and the support will end after a specified period of time. If you are in Davis, California, and are contemplating a divorce or find yourself in the midst of one, reach out to the family law attorneys at Pakpour Banks LLP. Our attorneys can help you with all aspects of your divorce, including calculating alimony.
Domestic Violence and Abuse
Sadly, not all divorces or separations are the result of an amicable agreement to part ways. Sometimes abuse plays a part. Whether there has been physical, mental, or sexual abuse toward you or your children, you should immediately contact a family law attorney. It is important to ensure your safety and the safety of your children going forward.
If you or your children have been the victims of domestic violence, the attorneys at Pakpour Banks LLP will be with you every step of the way as you navigate a new path forward.
Contact a Davis Family Attorneys at Pakpour Banks LLP today.
If you live in or near Davis, California, and you need a Davis family law attorney to assist you in a family law matter, contact us at Pakpour Banks LLP. We are always prepared to fight for your interests to provide the best results possible in any situation. Our goal is to achieve the best outcome while finding a solution that works for you and your family.
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