Upland Divorce Lawyer
If you are like most people contemplating divorce, you’re thinking about talking to an Upland divorce lawyer for help. At the Law Office of Laurence J. Brock, we can help you smooth out what could potentially be a challenging and contentious process.
Because the issues that arise from divorce can be incredibly complex, emotional, and difficult, it’s often a good idea to work with an Upland divorce lawyer who has helped many people in similar situations.
Establishment of Paternity
The California courts cannot make any rulings on custody or child support if paternity has not first been established.
Typically, paternity is automatically established when a couple is married and has a child. The state assumes that the mothers spouse is the child’s father in these situations.
However, unmarried couples with children must either voluntarily declare parentage or participate in DNA testing so that the court can make the appropriate decisions.
Why Establishment of Paternity Is Important
Establishment of paternity is incredibly important—not just for custody and child support, but for other reasons as well:
- Healthcare coverage
- Social Security benefits
- Tax benefits
- Inheritance benefits
If a paternity dispute is slowing down your divorce, an Upland divorce lawyer from our office will be able to guide things to the quickest and most effective solution available.
An Upland Divorce Lawyer Can Help with Child Custody
After paternity has been established, the courts can rule on child custody. Usually, it’s best if you and your ex-spouse can come to a custody agreement on your own. That’s because nobody knows your family like you do, and you are the ones who are best qualified to make important decisions for your family.
However, if an amicable agreement cannot be reached, a court judgment may become necessary. Whether your case requires court or can be handled through negotiation, your Upland divorce lawyer will be able to advise you regardless of what happens.
Types of Custody in California
There are two types of child custody in the state of California: legal and physical.
Legal custody refers to the responsibility of a parent to make important decisions on his or her child’s behalf. Those decisions can include religion, education, and healthcare choices.
Physical custody refers to actual “possession” of the child. For example, when a child lives primarily with one parent, that parent has physical custody of the child. Many couples choose to share physical custody of their children and adopt parenting time schedules that work for everyone involved.
The Relationship Between Custody and Child Support
Although child custody and child support are two separate issues, they are related because typically the parent with the majority of physical custody is the one who receives child support. Furthermore, the amount of child support that changes hands is directly related to the amount of time each parent spends with the child.
Alimony and Spousal Support
Under California law, some former spouses are entitled to alimony, which is commonly referred to as spousal support. The courts will use their discretion when awarding spousal support. Working with an Upland alimony lawyer from our office is the best way to ensure that your financial situation is fairly and completely factored into this process.
In most cases, the courts consider several factors when making a determination of spousal support:
- The duration of the marriage
- Each spouse’s ability to provide for him or herself
- The earning potential of both parties
- Tax ramifications
What if You Have a Prenup?
A prenuptial agreement is like any other contract in the state of California. If you have one, your Upland alimony lawyer will carefully examine it to determine what type of support you may be entitled to receive or that you may have to pay.
Family businesses can become a complicated issue during a divorce. Because California requires assets and debts to be equally divided, it’s important that your business is assigned an accurate value from the beginning.
Asset and Debt Discovery
In California, there are two types of property: community and separate. Community property refers to the property that you and your spouse acquired during the course of your marriage. Separate property is property that you brought into the marriage or that one of you alone inherited during the marriage.
Community property must be equitably divided, while separate property generally remains under its original ownership.
There are many resources available to help victims of domestic violence in the state of California. Whether you need a personal protective order, which is commonly called a restraining order, or you are seeking to divorce an abusive spouse, it’s a good idea to work with an Upland divorce lawyer who understands what you’re going through and how to help protect you from an abusive ex.
Make an Appointment With an Upland Divorce Lawyer
Divorce is extremely difficult, and the issues that arise from it can be incredibly complicated. Letting an Upland divorce lawyer from the Law Office of Laurence J. Brock handle the legal issues will allow you to focus on your family and moving on to the next stage of your life.
Call us at 909-466-7661 or complete the contact form below for help. Peace of mind could be just a conversation away, so let’s get started today.