MedinaLaw.org - Family Law (Divorce)
When you are faced with an important life decision regarding a key family relationship, the advice and assistance of an experienced family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of the family-related concern you face. Attorney Jose Medina can help to guide you through the process of separation.
Divorce is a difficult process. In additional to the stress and emotional turmoil, the legal system can be forbidding and inaccessible. Attorney Jose Medina has worked out to put together the following online resources for your review. If you have questions about your legal situation, please contact our office.
To provide our clients thorough and effective representation to protect their rights and interest in negotiating and litigating family law and domestic law matters.
1. To resolve mattes in the least litigious and most cost effective manner when possible.
2. To take an aggressive yet professional stand as our client’s advocate when litigation becomes inevitable.
Attorney Jose Medina offers you the benefit of over 30 years of experience. As your personal legal counsel, we assure you we will never lose sight of your welfare and that of your children.
Contested divorce: California law
A contested divorce is one where a couple does not initially agree on the terms of the divorce. There may be complicating issues such as a custody dispute, domestic restraining orders, or a business valuation, that need to be resolved. Complex and aggressive negotiations may be required in order to reach a resolution, and in extreme cases a decision may only be reached through a divorce trial.
At Law Offices of Jose Medina, we will work closely with you to find the most appropriate solution for your unique situation. During the process, our attorneys will aggressively protect your financial interests and your child's right to an appropriate child custody and visitation arrangement.
Uncontested divorce: California law
In California divorce is considered "no fault," making it relatively easy to obtain a divorce from the court using the concept of "irreconcilable differences." In an uncontested divorce, the spouses have already agreed to split and have decided on the terms of their divorce, settling such matters as child custody, spousal support, how to divide assets and debts, and other issues related to their marriage.
In an uncontested divorce, an experienced divorce lawyer can provide a valuable service, reviewing your terms to ensure you have covered all the necessary points, then drafting the agreement and helping finalize the divorce on your behalf. It is important to speak with a lawyer as early as possible in the process.
Physical custody, legal custody — what do they involve?
The court is required to see that both parents have the opportunity to maintain a strong relationship with a child unless one parent is unfit.
Joint legal custody: California law favors an arrangement where parents share legal custody of a child. Joint legal custody means that both parents cooperate in major parenting decisions, those that involve, for example, religion, major medical care, and education.
Sole legal custody: Our attorneys have seen cases where the court granted one parent sole decision-making authority in a custody decree, most often when the non-custodial parent is absent or unfit.
Joint physical custody: Joint physical custody describes a wide range of arrangements for residence and visitation and rarely means that a child spends exactly 50% of his or her time with each parent. Our lawyers will be happy to discuss benefits and options afforded by creative custody agreement.
Sole physical custody: If your ex is a danger to your child or in some other way unfit to have visitation privileges, Attorney Jose Medina will petition for full physical custody with limited visitation.
Parenting Plans: Custody and Visitation
Spousal Support (Alimony)
Is the money that a court may order one spouse to pay to the other following a separation or divorce. California Family Law Code outlines numerous considerations to be weighed when determining spousal support. An experienced California divorce attorney can help to clarify these issues and review your options.
Spousal Support is designed to ensure that each person has adequate income to survive after the divorce and to acknowledge that the spouses have helped each other in their education and careers throughout the marriage. Spousal support in Los Angeles California is also designed to help both partners make a smooth transition from being married into the single life.
The duration of the marriage;
Age and health of both partners;
Whether there are minor children at home;
Their capacity to earn income or learn a new skill;
The expenses that will be required to maintain the same standard of living as when they were married.
California Family Law Code outlines numerous considerations to be weighed when determining spousal support in Los Angeles. An experienced California divorce attorney can help to clarify these issues and review your options.
As to property and debt distribution each matter receives methodical attention to detail and a cost effective analysis with the goal of a fair and equitable judgment. With sensitivity to the emotions always present in domestic matters, each client is given individual attention and straight forward answers to their questions.