San Bernardino Family Lawyer
Whatever family issue you need resolved, a San Bernardino family attorney from the Law Office of Laurence J. Brock is here to help you reach a positive outcome.
If you’re filing for divorce or have another family legal matter to handle, you may need the services of a San Bernardino family law attorney. Family issues are incredibly difficult, complex, and emotional, and having legal counsel to assist you with these matters can make the entire process a lot easier.
No matter what type of family matter you need help with—divorce issues, paternity, grandparents’ rights, or prenuptial agreements, among others—a lawyer from our firm can explain the legal process and guide you to the result you want.
San Bernardino Divorces and Legal Separations
Choosing to get a divorce is already a difficult decision to make, and now you have a lot more decisions to make. You and your spouse must figure out how to divide your lives, and while you may be able to agree on some matters, others may be more difficult to resolve.
See below for some information on divorce and family matters in San Bernardino:
How to File for a Divorce or Legal Separation
Filing for divorce is never easy, but a contested divorce is almost always more difficult than an uncontested one.
If you and your spouse can agree on all matters pertaining to your divorce, such as child custody and visitation, spousal support, and the division of property, and you need no help reaching these agreements, then you can file your divorce papers and the whole thing could be over after a six-month waiting period.
That sounds ideal, but many divorcing couples will have difficulty reaching agreements on at least some legal issues. If the divorce is contested, you will likely need to come to an agreement before your divorce can be finalized.
If you reach an agreement on all of the contested issues, you’ll still have a considerable amount of paperwork to file before you can proceed with your divorce. Keep in mind that a family lawyer in San Bernardino can help you file these documents and reach reasonable agreements with your soon-to-be ex.
In some divorces, it will be necessary for one spouse to pay the other spouse payments called spousal support or alimony.
The purpose of these payments is to even both parties’ finances until both spouses can independently provide for themselves. This isn’t an issue in every divorce case, but for many, it can become a difficult issue to resolve.
Some of the considerations that must be made when reaching a fair spousal support payment agreement include the following:
- The earning capacity of each spouse
- How long one of the spouses has gone without working
- Whether one of the spouses was a homemaker or stay-at-home parent
- Whether one spouse will continue to care for the children
- Whether one spouse sacrificed career or education opportunities to further the career or education goals of the other spouse
- Whether one spouse is disabled
Child Custody, Visitation, and Child Support
Resolving issues regarding child custody and visitation can be difficult. Both parents likely want what’s best for their children, but they may have drastically different ideas of what that looks like. One parent may believe what’s best is for him or her to have full custody, while the other has visitation. One parent may believe joint custody is best.
Some divorcing parents get upset over child support, with one believing the child needs more support and the other disagreeing. Some of the considerations that need to be made for the best interests of the children are as follows:
- Who has provided most of the caregiving for the children? Was it equally split?
- What’s the relationship like between the children and each parent?
- What are the children’s preferences?
- Where will the kids go to school?
- Are there any domestic violence or substance abuse issues that need to be addressed?
- Would joint custody serve the children, or would it be best for one parent to have sole custody?
- Can both parents financially provide for the children?
Your family lawyer in San Bernardino can assess your circumstances, understand your side of the story, and build a compelling argument for why your preferences on these matters should be honored.
The Rights of Grandparents in San Bernardino Family Law Cases
If you’re a grandparent, you may be wondering what your rights are in California. Grandparents can have visitation rights, especially if a relationship existed between a child and a grandparent prior to the issue that called visitation rights into question.
You want what’s best for your grandchild, and you may believe that continued visitation would be in the child’s best interests. But it’s a good idea to speak with a family law attorney in San Bernardino to see what your options are.
If a child’s parents are married, then the grandparent may have limited rights. Courts often feel that parents have the right to make decisions regarding the children’s best interests, but there are still ways for grandparents to seek visitation.
A few factors the court will consider when deciding a grandparent’s rights include the following:
- Are the parents living separately?
- Does one of the parents wish for visitation between the child and grandparent?
- Is one of the parents in jail or not in the child’s life?
- Do the grandparent and grandchild have an established relationship?
If you’re considering a prenuptial agreement, you may find that it’s hard to track down a lot of information on the process.
Prenuptial agreements and postnuptial agreements are relatively easy to understand—they are basically legal agreements between you and your spouse or fiance on the division of debts and assets in the event of a divorce.
These agreements can have an unromantic connotation attached to them, but they really shouldn’t. Protecting your property is a smart decision, especially if you have children or others who would be affected by divorce.
A San Bernardino family attorney from our firm can help you and your significant other come up with a prenup or postnup that works for both of you.
Understanding the Family Law Mediation Process
No matter what legal family matter you’re dealing with, there is more than one way to resolve your issue. Many people choose to resolve their issues outside of the courtroom because they will have more of a say in the outcome—not to mention it’s often a lot cheaper than taking your family matter before a judge.
One of the methods you could use to resolve your family issues is called mediation. The mediation process is where you hire a mediator to act as a conversation overseer while you sit down with the family member you’re attempting to resolve a dispute with.
The mediator acts as a facilitator and referee, keeping involved parties on topic and keeping the conversation from turning ugly. Mediation can be an alternative to litigation, but you may still need an attorney to help you ensure that your interests are being looked after and verify that all agreements are legally sound.
Call a San Bernardino Family Attorney
If you’re going through a difficult family legal matter, consult an attorney. Even if you believe you know which path you want to take, legal advice can be a huge help in securing a positive resolution to your family law case.
To discuss your case with a San Bernardino family law attorney today, contact the Law Office of Laurence J. Brock. We can be reached via the online contact form at the bottom of this page or via phone at 909-466-7661.