Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. Sherman Oaks divorce lawyer Stephen A. Gershman has the experience and commitment to detail to help you and advise you through every phase of your divorce case.
Child Custody:
Custody involves the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and the other parent and to the well-being and development of the children.
Jurisdictional Issues:
When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. Over the last 20 years, California "move-away" cases have been inconsistent as to when they will permit or prevent a child from moving. While the best interests of the child have always been central to the decisions, the inconsistency in California cases has made this area one filled with uncertainty. Assistance of counsel is highly recommended if there is a disagreement between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Federal Parental Kidnapping Prevention Act (FPKPA).
Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate the custodial parent for the child's living expenses, i.e., food, clothes, etc., and any other related expenses. When one parent is awarded substantially more time with the child (the custodial parent), the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared, and is calculated by considering each parent's income and the amount of time the child spends with each parent.
Spousal Support (Alimony):
Spousal Support (Alimony) is temporary or permanent financial support paid, typically from the higher-income spouse to the lower-income spouse, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because the amount is determined at the discretion of the judge based upon factors set forth in the family code whereas child support is usually determined by mathmatiical calculation.
Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of a marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e., a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under it determined to be non-dischargeable by the bankruptcy court or in state court.
Pre-Marital Agreements / Prenuptial Agreements:
A prenuptial agreement, or a premarital agreement (often referred to as a "pre-nup"), is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements can also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution upon death of individually owned property. Child support may not be included in a prenuptial agreement.
Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life whether you are the victim or the accused. A finding of domestic violence after a hearing may impact on custody and visitation rights as well as spousal support. It is important that you be represented at the earliest stage of the proceeding. We have extensive experience in representing both victims and accused.
Take Action to Protect Your Rights:
If you or a loved one is involved in a divorce or child custody case in Sherman Oaks, Los Angeles, Ventura, Santa Clarita, Palmdale, Long Beach, Oxnard or the surrounding cities and towns of California and you need the help of an experienced family law attorney, call Stephen A. Gershman today at 866-435-1679, or complete the contact form provided on this site to schedule your free initial consultation. Services are provided for Russian speaking clients.
