Family Law Attorneys Monterey

Family Law Attorneys Monterey

Family law addresses those legal matters that affect your family, which makes it an important area of the law. Whether you are facing a divorce, need a post-divorce modification, need to establish paternity, or need to move forward with any other family law concern, an experienced family law attorney in Monterey is standing by to help. 

Family Law Issues 

Family law is broad in scope, and all the following fall under its umbrella: 

• The terms of a divorce, including child custody and parenting time, child support, spousal support, and the division of marital property
• Legal separation
• Domestic partnerships
• Post-decree modifications of child custody arrangements, child support, and spousal support
• Adoption 
• Grandparents’ rights
• Move away requests
• Guardianship
• Paternity actions
• Restraining orders
• Domestic violence

Divorce

Divorce is a common focus of family law, and while every divorce is specific to its own set of circumstances, the basic terms of divorce don’t vary from couple to couple, including:

• The Division of Marital Property – Because California is a community property state, the assets that you come to own while you are married are deemed marital in nature, and this means you will need to distribute them between you equally upon divorce. 
• Child Custody – In California, child custody is divided into legal custody and physical custody (or parenting time). Legal custody determines how you and your ex will address the matter of parental decision-making, and parenting time determines how you and your ex will divide your parenting time. 
• Child Support – Child support is calculated according to state guidelines that help to balance financial support across both parents. While many factors can play a role, the primary concerns include each parent’s income and the amount of time the children spend with each parent. 
• Spousal Support – Spousal support or alimony is only ordered in those instances when divorce leaves one spouse without the financial means necessary to continue supporting himself or herself and when the other spouse has the financial stability to help.  

Paternity (or Parentage)

When a married couple has a child in California, paternity is presumed. For unmarried couples, however, the father’s paternity must be established legally. The options include:

• Both the mother and the father signing a declaration of parentage
• Obtaining a court order to establish paternity (often through DNA testing)

The benefits of establishing paternity for the father, the mother, and the child are considerable and include:

• The mother typically receives child support that allows her to better support the child.
• Both the father and the mother can share the parenting responsibility.
• The father and child can build a rich and rewarding bond.
• The child is eligible to inherit and to receive benefits such as employment-based health insurance, social security, veterans’ benefits, and more.

Turn to an Experienced Family Law Attorney in Monterey for the Legal Help You Need 

The trusted family law attorneys at Miranda, Magden & Miranda, LLP, in Monterey dedicate their practice to skillfully advocating for our clients’ legal rights, and we’re here for you, too. For more information, please don’t wait to contact us today.