Oceanside Family Lawyer

Oceanside Family Attorney

There are several different types of cases that fall under California family law. An Oceanside family lawyer can be a vital resource if you are facing a divorce, separation, child custody dispute, or similar issue. These legal matters can be overwhelming, but with the right attorney on your side, you can be assured that you are in good hands.

At Erica Bloom Law, our talented attorney understands how difficult these types of issues can be. With ten years of experience in the family law field, her knowledge is extensive. We provide clients with compassionate care and advocate for their interests at every step of the legal process. Whether you’re seeking a child custody modification or spousal support payments, we’re prepared to provide you with exceptional legal guidance.

No-Fault Divorce

California is a no-fault state. This means that you do not have to prove or provide any allegations as to why the divorce is necessary. Couples typically cite irreconcilable differences as the basis for the end of their marriage. The only other grounds are one spouse being permanently incapable of making decisions and there is no option for fault-based divorce in the state.

Therefore, you or your spouse cannot cite adultery or any other type of misconduct as the reason for seeking a dissolution of marriage. After filing for divorce, you must wait six months before it can be finalized.

Couples Must Meet Residency Requirements

It is important to note that divorcing couples must meet the residency requirement that is outlined in the California Family Code. Both spouses must have been a state resident for at least six months, and each must have been a resident in the county in which they are filing their divorce for at least three months. If this condition is not met, the spouses may not file for a dissolution of marriage.

Understanding Legal Separation in Oceanside

Although many people think of divorce when they would like to end their marriage, an alternative could be legal separation, which is when a couple decides to separate but remain legally married. In this case, spouses cannot remarry unless they divorce. Legal separations can only be granted through a court order.

If parties don’t meet residency requirements but want to divorce, they may file for a legal separation. Then, once they have lived in the state and county for the minimum amount of time, they may amend the petition to seek a divorce instead. To legally separate, one party has to live in California, but there are no laws that specify how long they must reside there.

In the aftermath of a divorce or legal separation, other legal topics such as child support, support payments, or property division become important factors to consider.

Child Custody Cases Decide Physical and Legal Custody Issues

Child custody is a common type of case in family law. If a couple decides to divorce or become legally separated, a custody determination will be necessary. In other cases, unmarried parents may be living apart, causing such an issue to arise.

Child custody can fall under legal or physical custody. The former determines which parent gets to make the decisions about the child or children’s health, education, welfare, and safety. Legal custody can be sole or joint, meaning that one parent can maintain decision-making power over the child, or both parents can do so. Physical custody determines which parent will house and care for the child, and it can also be held jointly or by one parent.

It is important for divorcing spouses who have a child to develop a parenting plan, which can outline how they would like to arrange custody and visitation. It is possible for parents to draft the plan with the help of their attorneys, and it can then be presented to a judge for review. If the plan aligns with the best interest of the child, then it will likely be approved.

In every child custody case, the judge will award custody to the parent or parents who can demonstrate the ability to meet the child’s best interest, which is the most important factor a court must consider in any case. Often, joint custody will be awarded. This may not be the case if one parent has a history of domestic violence or addiction.

Property Division in a Community Property State

California is considered a community property state. This means that property division is relatively simple during divorce proceedings. Each spouse is entitled to 50 percent of the community property, which is any assets or liabilities that were acquired during the marriage. Separate property consists of assets or debts that a spouse acquired before they wed.

A spouse who owns separate property will typically keep it. There are times when separate property can be commingled with community property, and it may be considered to belong to both parties as a result. A common example of this may occur when a bank account is owned by both spouses. If funds from a separate bank account are moved into it, they may be considered community property.

Summary Dissolution Might Be Easier if You Qualify

A summary dissolution is a way to end a domestic partnership or a marriage. It is simpler than the standard divorce process. However, not everyone is eligible for a summary dissolution. Those who qualify include divorcing couples who do not have children and whose marriage lasted for five years or less. Both spouses must have been state residents for at least six months, and neither spouse can have separate assets greater than $45,000. Also, both parties must agree to the divorce.

If your divorce is relatively complicated, then a summary dissolution may not be for you.

Help From an Attorney

Divorce is a complex process that can encompass many different legal issues. Although this is not the only type of family law matter in California, it does make up many of the cases. If you are going through a divorce or any other form of family case, an experienced attorney in Oceanside can help you through the process.

FAQs

Q: How Much Is a Family Lawyer in California?

A: The cost of a family lawyer in California varies based on the complexity of the matter and many other factors. It can depend on the type of case, the number of parties that are involved, the level of work that will be required, and the cooperation level of the parties. The lawyer’s charges can also depend on their fee structure. Attorneys often charge by the hour, which means your expenses will be greater if they spend a longer amount of time working on your case.

Q: What Does a Family Lawyer Do?

A: A family lawyer in California can provide the legal advice and support needed to successfully resolve your case. The state often has strict legal deadlines for the documentation that is required to process your claim. A qualified attorney who is experienced in family law can be a great asset to have on your side. Whether your case involves a high-net-worth divorce, domestic violence, property distribution, or any other type of problem, an attorney can help.

Q: Why Do I Need a Family Lawyer?

A: You need a family lawyer in California if you face any issue such as child support, divorce, spousal support payments, paternity, or domestic violence. A family lawyer can help you resolve any of these cases. They can help draft agreements, provide mediation, explain your legal rights, and represent you in court if necessary. Having an attorney who is experienced in negotiating family legal cases is important.

Q: Can You Represent Yourself in Family Court?

A: It is possible for you to represent yourself in family court. However, if you choose to do so, it is up to you to understand and prepare for the laws, rules, and procedures that could apply to your case. The judge is not permitted to give you legal advice, and they cannot make decisions for you. If you have legal questions, you can consult with an experienced family law attorney.

Q: What Is the Most Common Type of Family Law Case?

A: There are several types of family law cases, but the most common are divorce and child custody. California is the most populous state in the country, and this naturally leads to an increased number of divorces. If there are children involved, child custody will be an important item to determine during the proceedings.

Finding a Trustworthy Legal Team

No matter what type of family law case you are dealing with, an experienced attorney can help you through it. Issues like divorce can often leave individuals filled with questions and anxiety about the legal process, which can be difficult to navigate without the help of qualified legal counsel.

At Erica Bloom Law, our legal team has the experience necessary to help resolve your court case. We approach each and every client with the compassion, dedication, and determination required to achieve an outcome that benefits you. Do not feel like you have to face this alone; engage the help of our qualified lawyer. Contact our office today for more information on how we can assist you.