Family law is a term that encompasses the areas of child support, child custody, divorce, dissolution of marriage, spousal support, property dissolution and restraining orders. Family law centers around issues that couples face as they are entering into a dissolution of their marriage. The Atighechi Law Group is experienced in all of these facets.
A. Property Division
We represent spouses and domestic partners throughout Southern California including Ventura, Los Angeles, Orange County and Riverside in divorce and dissolution matters concerning the distribution of community property and separate property. California is a community property state. The parties are entitled to an equal 50% share of the property obtained during the marriage. There are exceptions such as whether separate property contributed to the community property in which case the funds would have to be traced to determine the percentage of the community and separate property interest in the property.
B. Child Custody
It is our belief here at the Atighechi Law Group that child custody is the most important issue in all the family law matters. The emotional stability of the children is at issue, the parent’s time and relationship with the child are at stake and it is the center of most clients concern. For this reason, we take child custody matters very seriously and work hard to determine a plan that works for our client, the other party and the children. Remember, in child custody matters the child’s best interest is first and foremost and, in most cases, if both parents are good parents then a plan needs to be discussed to enable the child to have a healthy relationship with both mother and father. The courts do not favor one parent over the other in child custody maters. In fact, in a divorce proceeding both mother and father are granted joint physical custody unless one party can show how joint physical custody is not in the best interest of the child. In some cases, joint physical custody of the child is not ideal as one parent may be abusive, lack the ability to community and build a healthy relationship with the child and the child is better off with another parent, in that case, the Atighechi Law Group has obtained full custodial rights for one parent over the other. At the Atighechi Law Group, the children’s best interest comes first.
Child Support is based on guidelines which calculate the amount of time each parent spends wit h the child and the parties’ net income. Most courts and legal practitioners use a software program called the dissomaster that provides the calculation for the parties.
Spousal support is based on the parties’ income. Sometimes, during a marriage one party contributed to the household while the other party earned an income. California provides spousal support to the spouse who earns less of an income. The supporting spouse may receive spousal support for their life unless the spouse dies or remarries if they were in a long term marriage. A long term marriage is one 10 years or more. If the parties were married for less than 10 years then it is for half the time of their marriage.
At the Atighechi Law Group we know that couples faced with divorce are going through a very difficult time filled with confusion, stress and anxiety. We try to alleviate these concerns by placing our clients on a path to enter the new stage of their lives having obtained their full entitlement in the divorce.
Restraining Orders- Unfortunately, in some cases an individual can become abusive towards a spouse or child. In these cases it is best to obtain restraining orders. Courts will usually grant a temporary restraining order without much evidence and based on a declaration alone since a temporary restraining order lasts only 21 days. At a hearing on a temporary restraining order courts will usually set a hearing date for permanent restraining orders which can last up to 5 years. This requires more evidence as a permanent restraining order is lengthier in time.