Family law matters usually involve highly charged emotions as people deal with the fallout from a broken marriage, a messy divorce and ongoing custody issues. When emotions run high, it’s critical to have an attorney who can clearly explain the ground rules and impart confidence that your case is being handled effectively.
Knowing What to Look For
Here are some tips to help you find the right lawyer for you:
Experience Counts. Find out how long the prospective attorney has practiced family law in California and approximately how many such cases he or she has handled.
Resources Count. Find out whether the prospective attorney has sufficient resources to handle your case efficiently and effectively. For instance, if your attorney carries a large caseload, he or she should have a sufficient number of assistants to help manage the caseload. Alternatively, if the prospective attorney has a light office staff, does he or she use technology to help manage the load?
Personality Counts. You should perceive that a prospective attorney is prepared to be a strong advocate and is willing and able to fight for the best outcome possible for you. Personalities vary greatly among attorneys, as with any other profession, but mid-divorce is not the time to wish your attorney were more aggressive.
Choosing the right attorney in the beginning can save you a lot of time and stress and allow you to get on with your life as quickly as possible.
At the Law Offices of Judy L. Burger, we will effectively and efficiently pursue the best outcome possible for you in your divorce or custody proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form
Breaking up in California
At its core, a marriage is a contract. Like other contracts, when one party fails to live up to the agreed terms, the contract can be considered broken and the other party may want out. To be released from the marital contract, you will likely need to pursue one of three actions: divorce, legal separation, or annulment.
As we’ve discussed before, California is a “no-fault” state. To support a petition for divorce, you need only allege irreconcilable differences. If you’ve properly reached agreements regarding child custody and property divisions, you may meet the criteria for a summary dissolution, the quickest of all divorces in California.
The fact that divorce is common does not make it any easier to face. Going through a divorce can be one of the most stressful times in a person’s life and should not be taken lightly. The terms of a divorce can stay with you the rest of your life, affecting your financial stability, existing family relationships, and future family relationships.
While divorce is by far the most commonly used method of ending a marriage, it is not the only option. Some couples have reasons to seek a legal separation rather than a divorce. Some reasons a couple may choose a legal separation include:
Wanting to live apart and get orders from the court about money, property, and parenting issues.
Avoiding a divorce for religious reasons.
Avoiding a divorce because of other personal beliefs.
The couple does not meet the residency requirements to file for divorce in California, and they do not want to wait to put distance between themselves.
Avoiding a divorce because of financial reasons such as health insurance and spousal benefits.
A legal separation is not the same thing as a divorce, and a person who is legal separated cannot get remarried. He or she is still legally married.
The third method of dissolving the marital contract is an annulment. Once annulled, in the eyes of the law, your marriage never occurred. An annulment can be granted due to a circumstance at the time of the marriage that rendered the marriage void as though it never happened.
These are the basics, but here are many more factors to consider when deciding how to best go your separate ways. At the Law Offices of Judy L. Burger, we will discuss your situation and help you choose the best course of action to meet your goals.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Divorce in California
No-fault divorce is a catch-phrase that refers to the fact that a spouse seeking a divorce does not have to show fault of the other spouse to get a divorce. California was the first state to adopt no-fault divorce laws and the other forty-nine states have since passed similar laws. Though time periods and other prerequisites vary from state to state, a spouse can generally get divorced by simply alleging irreconcilable differences, incompatibility, or an irretrievable breakdown of the marriage.
Even though a spouse is not required to show fault of the other spouse to get a simple divorce, it may be in a spouse’s best interest to allege and prove fault to get a better outcome related to child custody, alimony, and division of property. Your attorney should be prepared to strategically use the other spouse’s fault to achieve the best possible outcome for you.
Some common grounds of fault include abandonment, adultery, drug or alcohol abuse, anger management issues, criminal conduct, and failure to care for or provide for children. Many other grounds for a finding of fault exist, so you should discuss your marriage openly with your attorney in the beginning stages of your divorce proceedings and thereafter.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Substance Abuse and Divorce in California
California courts hold the parent-child relationship sacred, as it should be. Translated to divorce terms, this means courts will generally award joint legal and physical custody to both parents in divorce and custody proceedings, with few exceptions.
One exception to the general rule favoring joint legal and physical custody is when one parent has ongoing substance abuse problems. Habitual or continual use of controlled substances or alcohol by either parent can have devastating consequences on the children.
Of course, as with any allegation of fault, the party making the claim must provide proof or risk having a claim backfire and weaken the party’s own case. If you reasonably believe your spouse has a substance abuse problem, bring the issue to your attorney’s attention immediately and discuss whether or not you should request court-ordered drug testing.
In California, section 3041.5 of the Family Law Code provides that courts may order drug and alcohol testing via urine tests in divorce cases:
In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the illegal use of controlled substances and the use of alcohol if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship. ….
One vitally important note to remember is that a court will most often order drug testing of both spouses, not just one, so if you suspect your test results may indicate the presence of a controlled substance, you need to tell your attorney before drug testing is requested. Also keep in mind that test results are confidential and a spouse can be held liable for violating that confidentiality.
Another important point is that California law does not permit hair follicle testing to be ordered by a court. A party may be able to successfully object to hair follicle testing if it was ordered.
If you are successful in proving an ongoing substance abuse problem, you may be awarded full legal and physical custody, along with continued substance abuse testing of the other parent, and even supervised visitation in some cases.
Because each case is fact-specific, you should consult with an experienced family law attorney before requesting or submitting to drug and alcohol testing if at all possible. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a divorce or custody case in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Adultery and Divorce in California
California led the way in no-fault divorce laws, where a spouse can get a divorce without showing any fault of the other spouse. Nonetheless, showing fault may help one spouse win custody of the children, greater alimony, and a greater share of the marital property. This is why you need to discuss any potential areas of fault with your attorney, whether you wish to raise the issue or defend against it.
One traditional area of fault that could affect the outcome of a divorce case is adultery. The degree of importance placed on adultery varies from state to state, judge to judge, and from case to case. Some states tend to hold a more traditional view of marriage and give greater weight to adultery, while others place less importance on fidelity within the marriage.
In California, adultery does not necessarily amount to a game-changer unless the adulterous relationship irreparably affected certain aspects of the marriage. For instance, if a wandering husband used marital assets to support his mistress, then the wife may be able to win a greater share of the marital property. Likewise, if the husband openly cavorted with his mistress in front of the children, that fact may weigh substantially on the court’s award of custody and visitation to the wife.
Perhaps the most delicate subject in a case where adultery has occurred is a claim that an unfaithful spouse brought a sexually transmitted disease into the marriage. Such a claim can give the victim spouse a substantial advantage, but proving the issue in court may be more than the victim bargained for.
If adultery is likely to be a factor in your divorce case, seek the help of an experienced divorce lawyer as early as possible. A good attorney will help you build the foundation and strategy you need to raise or defend an adultery claim at trial, and achieve the best possible outcome for you.
The Law Offices of Judy L. Burger can assist you in proving or defending an adultery claim in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Abandonment in Divorce Proceedings
In divorce proceedings, abandonment refers to when one spouse leaves the other without the intention of returning. Prior to the enactment of “no-fault” divorce laws, spouses could allege abandonment as a ground for seeking a divorce. Although proving fault is no longer required to get a divorce in California, abandonment may be factored in by a judge when awarding child custody, alimony, and deciding how marital property will be divided.
If your spouse abandoned you or the children, you should be prepared to present evidence of the fact of the abandonment and the effects it had on you and the children. You may have suffered financially and emotionally. Depending on their ages, the children’s anguish may have manifested in changes in behavior and performance at home or school. Any evidence of the negative impact of abandonment should be discussed with your attorney and prepared for presentation at trial, if necessary.
When you allege abandonment, your spouse may raise a defense of consent or justification. A deserting spouse can mitigate or eliminate any finding of fault on his part if he can show you consented to the abandonment. One example of this would be if you asked your spouse to leave and never return.
Likewise, a spouse may be able to show that the abandonment was justified due to abuse or another reason, such as the supposed abandonment was actually due to the spouse moving to take a new job while the other spouse refused to move. Under these circumstances, it is unlikely the court would attach any fault to the abandonment.
The Law Offices of Judy L. Burger can assist you in proving or defending an abandonment situation in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
