Corona Family Law Attorney

Family law is a legal practice area that focuses on family relationships and domestic matters, such as divorce, child custody, and child support. Issues involving family members tend to be particularly stressful for all parties, and many people find it extremely difficult to make decisions with such significant consequences. This is where the help of a skilled Corona family law attorney can help.

Furthermore, every family features its own unique dynamics that require consideration, and reaching a solution that works for everyone can be challenging even under the most amicable circumstances.

Hire a Family Law Attorney

If you are planning to file for divorce, or you have other family conflicts to resolve, hiring a family law attorney is crucial for protecting your rights and successfully navigating the family law system to reach the greatest outcome in your case. Review the information below to learn how a skilled Corona family law attorney can help you, then contact The Law Office of Michelanne Hrubic for professional legal representation.

A family law attorney is a legal professional who represents clients in family-related cases. Some attorneys focus on a particular field, while others cultivate professional experience in multiple areas. Due to their education and training, these attorneys understand how to effectively handle sensitive affairs and can facilitate negotiations between the involved parties to reach a mutually beneficial solution.

While keeping the best interests of the family in mind, family law attorneys advocate for the rights and interests of their clients, help them determine the right strategy for achieving their goals, and guide them through every stage of their case.

Corona family law attorney Michelanne Hrubic can handle all family law matters, including the following.

Divorce or Dissolution of Marriage

Deciding to dissolve a marriage is never easy, and with this decision comes a variety of complex legal issues that must be resolved before a judge can grant the divorce. In Corona, 65% of households include married couples, and 6% of males and 8% of females age 18 and older are divorced.

This process often begins with one spouse (the Petitioner) filing for divorce and serving the other spouse (the Respondent) with the divorce papers. California law does not require either spouse to give a specific reason for the divorce, and many couples cite “irreconcilable differences” that caused the marriage to fail.

In an ideal scenario, both spouses agree to a marital divorce settlement with terms outlining property division, child custody, child support, and other key issues, and then a judge reviews this agreement and approves it.

After the required six-month waiting period, the divorce is finalized. Most couples, however, disagree on at least one aspect of their divorce agreement. Contested divorces last longer, cost more money, and usually require court proceedings during which a judge makes the final determination about the terms of the divorce.

Our experienced divorce lawyers can help you protect your interests, support your claims, and make sure these proceedings go according to plan.

Child Custody and Visitation

Child custody and visitation are typically the most contentious element of a divorce, and family law judges always prioritize the best interests of the child when reviewing any prospective agreement.

Child custody consists of physical and legal custody. Physical custody establishes which parent the child can reside with, while legal custody grants the parent the authority to make decisions about how the child is raised, such as medical care, education, and religious upbringing.

A judge may award joint physical and legal custody to both parents, sole physical and legal custody to one parent, or sole physical custody to one parent and sole legal custody to the other.

The most important factors a judge can consider when making these determinations are the health, safety, and well-being of the child, the relationship each parent has with the child, the parenting time each parent can commit to the child, and the ability and willingness of each parent to provide a stable home environment with proper care and guidance. Any history of domestic violence, alcoholism, abuse of controlled substances, or other criminal behavior perpetrated by either parent also influences custody decisions.

If you’re facing a custody dispute, hire a family law attorney to help build a compelling case. We can help you build a strong case for custody of your child by presenting compelling evidence that you can provide a nurturing life for your child and showing that you are going to cooperate in allowing your child to retain a meaningful relationship with the other parent.

Child Support

Federal and state law requires both parents to provide financial support to their children until they reach adulthood. If one parent receives sole custody while the other has limited visitation, a skilled child support lawyer can help make sure child support is awarded to the custodial parent to contribute to the expenses involved in raising the child.

Child support may also be awarded to the lower-earning parent if parents share custody, and one parent earns significantly more income than the other. Because the judge’s duty is to protect the child’s best interests, they seek to minimize the disruption to the child’s life, and this involves providing the time and resources for the child can enjoy the same standard of living they experienced during the marriage.

When parents cannot reach a child support agreement on their own, judges follow the state’s statewide uniform guideline formula under its Family Code to set child support payments. This amount is calculated based on the income and earning potential of each parent, how much time each parent spends with the child, income tax deductions they claim, mandatory payroll deductions, and childcare costs.

The basic guideline amount is presumed to be correct unless it would not be fair or reasonable. Judges may choose to order a higher or lower amount if the paying parent is not contributing to the child’s needs with respect to their parenting time if both parents provide the same parenting time but one pays substantially more on housing costs, or if the child’s needs require greater support.

Paternity

The law presumes that married spouses who share a child are both the child’s legal parents, but it becomes more complicated for unmarried parents. The child’s father must establish legal paternity to acquire the rights and responsibilities of raising the child, including custody, visitation, and child support.

If the father refuses to acknowledge the child’s parentage, the mother must file a paternity claim to prove that he is, in fact, the legal father and to pursue child support. Paternity is also crucial for the child, as this helps them understand their identity and gives them numerous rights, including the right to receive health insurance coverage and the right to inherit from their father.

Whether you are a mother or a father, we can help you understand your obligations and protect your rights.

Property Division

As a community property state, California law considers all assets, properties, and debts acquired during the marriage as belonging equally to both spouses and can divide them equally in a divorce. In contrast, separate property consists of assets, properties, and debts acquired by one spouse before the marriage, as well as gifts or inheritances they receive.

In some cases, separate property can transmute into community property, such as one spouse contributing toward renovations to a home that is titled in the other spouse’s name. Family laws regarding property division can be confusing, particularly for high-net-worth individuals and complex estates. We can help you understand how the law applies to your case and properly value all property to achieve a fair division.

Domestic Violence

One in three women and one in four men have experienced physical violence at the hands of a partner, but domestic abuse encompasses verbal, psychological, and financial abuse, as well. In many cases, abuse takes on multiple forms and involves a variety of tactics designed to isolate, control, threaten, and subdue victims.If you or your children are suffering from domestic abuse, we can help you obtain a protective order to keep your abuser away from your family.

Our experienced domestic violence defense lawyers can advocate on your behalf to extend this temporary order to a “permanent” order lasting up to five years. We can also pursue criminal charges to hold them accountable for their actions. If you are wrongfully accused of domestic abuse, we can help you contest these charges in civil and criminal court.

Restraining Orders

Domestic violence may play a role in several areas of a California family law case. This is particularly true when parents are involved in a contested custody battle. If someone is being abused, they may choose to seek a Domestic Violence Restraining Order (DVRO).

This type of restraining order may include orders requiring the restrained party to stay away from the protected person, move out of a residence you share, and/or follow temporary custody and visitation orders.

Domestic violence may also carry significant implications for final custody decisions. When a court determines a parent seeking custody has engaged in domestic violence against the opposing parent, a parent whose child was removed from their custody, or the child’s sibling within the last five years, California Family Code § 3044 assumes that awarding that parent custody would not be in the best interests of the child.

Still, the court must consider statutory considerations before it can accept that this presumption has been successfully challenged. Families in Corona may see domestic violence and custody issues heard through the Riverside County Superior Court.

Establishing Parentage for Unmarried Parents

If parents are unmarried when their child is born, it may be necessary to establish legal parentage. Doing so can be an important step towards obtaining custody, visitation, and child support orders, which can be enforced by the court. In appropriate situations, parentage can be established voluntarily. If parents disagree about parentage, the issue may need to be resolved through a court proceeding.

Establishing parentage can serve purposes other than clarifying who owes child support to whom. It also creates a legal parent-child relationship which can impact parental rights and responsibilities. Once established, a parent can ask the court for custody orders or parenting-time orders, and the court can make orders regarding financial support.

A Corona family lawyer can help an unmarried mother or father understand what steps need to be taken to establish parentage and pursue other orders related to the child.

Move-Away and Relocation Cases

Parents who share custody may suddenly find their arrangement threatened by a move. The parent with physical custody may receive a job offer in another state, decide to relocate near family members, or need to move for financial reasons. When a move would significantly impact the other parent’s ability to spend time with the child, the court may need to decide if the current custody arrangement should be altered.

Generally, California Family Code § 7501 permits a parent with custody rights to relocate with the child. The court can restrain a parent from removing a child from the State if the removal would jeopardize the rights or welfare of the child.

Move-away cases are very specific, and courts have considered many factors when making their decisions. The existing custody arrangement and reasons for the move are just a couple of examples. Courts have looked at the child’s relationship with each parent, the distance of the move, the child’s age, the ability of the parents to communicate and cooperate on parenting issues, and how the move could impact stability for the child and parenting time.

Post-Judgment Family Law Modifications

A divorce decree or custody order isn’t necessarily set in stone permanently. Families change, and some orders can be modified when the circumstances surrounding the order have changed enough to justify modification. Some situations that may require modification include:

• Losing a job
• Having a significant change in income
• Suffering a debilitating injury
• Changing childcare costs
• Changing needs of the child

Alterations to child support, custody, parenting time, or spousal support orders may be warranted by these events, based on the circumstances.

Grandparents Rights/Stepparent Adoptions

Grandparents in California may be granted visitation in certain situations, but they do not have an automatic right to visitation with their grandchildren. Under California Family Code § 3104, courts can permit reasonable grandparent visitation when a prior bond exists between the grandparent and child, and it serves the child’s best interests.

The court must then weigh that benefit against the parents’ right to exercise their parental authority. There are additional limitations on visitation when the child’s parents are married.

How Much Does a Family Law Attorney Cost in California?

The cost of legal representation depends on the attorney’s fees, the complexity of your case, and the time and resources it can take to reach a solution. Most Corona family lawyers charge hourly fees, and they set the cost of their services based on their location, experienced, and their field of law.

In general, experienced family law attorneys in California charge $300 to $600 per hour. The more complex or contested the case, the more you can expect to pay. Simple, uncontested divorces generally cost less than the average divorce or one that is severely contested. In some cases, judges can assign one spouse’s legal fees to the other spouse.

FAQs

How Long Does a Family Law Case Take in Corona?

The amount of time a family law case takes in Corona varies. Resolution largely depends on the type of family law case you have and whether you and the other party can agree on major issues. Matters can take a short time to resolve if there are no disagreements. However, they can take longer if the issues are contested.

Do I Have to Go to Court for a Family Law Case?

You may not necessarily have to go to court for your family law case. Many family law cases are settled by negotiation, mediation, or agreement and do not require a contested hearing or trial. However, you may need to appear in court if you cannot reach agreement or one party asks the court to issue temporary orders. Your Corona family lawyer can explain which issues in your case can potentially be resolved without going to court.

What Happens if My Spouse Refuses to Respond to Divorce Papers?

If your spouse refuses to respond to divorce papers, this does not stop the divorce process. A spouse can’t usually stop a California divorce by choosing not to participate. If your spouse (the Respondent) is properly served with divorce papers but chooses not to respond, you may be able to request a default. However, you’ll still be required to follow certain procedural requirements.

Can My Spouse and I Use the Same Divorce Attorney?

No, you and your spouse cannot use the same divorce attorney. An attorney cannot represent both you and your spouse if their interests possibly conflict. Even if you and your spouse agree on almost everything, you both still have separate interests that must be separately represented. However, one spouse can be represented by an attorney, and the other spouse can proceed without one.

Hire Corona Family Law Attorney

If you face any of the issues described above, or you need assistance with another domestic matter, The Law Offices of Michelanne Hrubic can provide the dedicated legal representation you need to obtain the greatest results for your family. Attorney Hrubic represents clients throughout a wide range of family law issues and provides professional, compassionate legal counsel to guide them through even the most contentious disputes.

She can leverage her years of experience as a winning Corona family law attorney to understand your unique situation, determine your goals, explore your options, and develop a strategy for resolving your case as efficiently as possible. Contact us today to learn more about our services and to schedule an initial consultation.

Corona, California Family Law Related Resources:

• California Divorce Process
• What Is a No-Fault Divorce in California?
• What Is the Average Cost of Divorce in California?
• Does California Favor the Mother or Father?
• Is Alimony Mandatory in California?
• Great Reasons to Hire a Family Law Attorney

Corona, California Family Law Legal Resources

• Superior Court of California, County of Riverside – Family Law Division
• Superior Court of California, County of Riverside – Free Self-Help Center for Family Law Filings
• California Courts Self-Help Guide – The Divorce Process, Step by Step
• California Courts Self-Help Guide – Domestic Violence Restraining Orders
• California Department of Child Support Services – Guideline Calculator for Estimating Support
• Corona Police Department – Records Section for Police Reports and Records Requests