Family law is part of the civil court system, specifically cases involving family matters. If you ever go through a divorce and the related proceedings, or if you expect to divorce in the near future, you should know what to expect from the family law system. Divorce, child custody negotiations, and child support determinations can all be stressful experiences for everyone involved, from lawyers to family members, and it’s vital to find an experienced family law attorney who can not only successfully navigate your case’s legal complications but do so compassionately with your family’s best interests firmly in mind.
Family law issues can be emotionally trying. It is important to seek help from a lawyer who understands what you are going through and who will help you protect your important interests every step of the way. At The Law Offices of Michelanne Hrubic, our Riverside family law attorney can help you resolve issues involving divorce and other family legal matters. To schedule an initial consultation at our law firm in Riverside, CA call 951-888-0631.
One of the most challenging aspects of family law is that every family is different. A family law matter can arise between members of the same family, such as a probate dispute, a childless married couple, or a married couple with children. Generally, family law matters that involve child custody can be the most emotionally challenging and time-consuming family law matters. However, due to the unique nature of every family law case in Riverside, there are countless possible factors that can arise and complicate a case that seems straightforward at first.
It’s vital to hire family law attorneys in Riverside, CA who have credible experience handling a wide variety of family law matters. An attorney with a background of diverse family law cases can provide a well-rounded view of your case and provide unique insights that most other lawyers cannot match. At the Law Offices of Michelanne Hrubic, you can rest assured our family law attorneys and their team have probably handled several cases similar to yours in the past, and we can assist you with any of the unique variables in your case that might seem troublesome or confusing to you.
Our skilled lawyers can handle multiple family law cases and can guide you throughout the process to win the case. Here the lets of the cases we handle.
A Riverside divorce or marriage dissolution is one of the most difficult things a person will ever have to face. Even if the split is amicable, it is still important to ensure that your final agreement is fair and equitable. We will help guide you through the divorce process every step of the way.
California law does not require a couple to provide a specific reason to apply for divorce. “Irreconcilable differences” is the blanket term used as the justification for any divorce in which the couple simply agrees that their marriage is beyond saving, and the reasons behind their desire to end their marital contract are unique to every case.
The divorce process typically begins with one spouse filing for divorce and the court serving the other spouse with the divorce petition. It’s rare that a spouse will simply agree to divorce terms immediately without challenging any of the proposed elements of the other spouse’s divorce petition. In the event a couple mutually agrees to a divorce, has no children or jointly owned real estate or high-value assets, and draws up their own divorce agreement, it is possible the family law court may expedite their divorce down to the minimum six-month waiting period before a divorce decree is issued.
Divorce can take much longer in more complex cases or for divorcing couples who do not qualify for expedited summary dissolutions. An “uncontested” divorce is one in which both spouses agree to the terms of their divorce agreement. However, most divorces begin as contested ones and ultimately evolve into uncontested divorces through negotiation.
Custody issues are the most emotionally contentious aspects of any divorce proceeding. We can let you know what your options are and help you reach an agreement that is in the best interests of your children. The family law courts of the state of California have a legal duty to rule in favor of the best interests of any children involved in a family law matter, including divorce. Parents may need to reconcile with the fact that the court may decide limiting their time with their children may be well within the court’s determination as to what would be in their children’s best interests. Fit parents capable of providing stable, nurturing lives for their children should have strong cases for custody, and an experienced Riverside child custody attorney can help a client build a strong case for custody negotiations.
It’s vital to remember that once the court has decided about custody of your children, you may have the opportunity to revisit this issue at a later date through the filing of a post-judgment motion. If you do not agree with the court’s ruling or your custody rights, it’s possible to have the child custody agreement changed eventually. However, it is vital that you do not violate the terms of your child custody agreement, even if you think the process was flawed and the agreement is unfair. Violating the court’s child custody orders can severely impact your custody rights and will likely result in your losing custody.
When parents share custody of their children, or when one parent receives majority custody and the other only has limited visitation or occasional custody, child support may come into play. This is especially likely if one parent earns significantly more than the other and both parents share custody of their children after divorce. The court has a duty to ensure the divorce agreement seeks to ensure the best interests of the children, and sometimes that requires child support payments. Whether you are requesting support payments or are being asked to make support payments, we can let you know what to expect while working to minimize the stress that this can place on your family.
Similar to child custody agreements, child support determinations may also be up for future debate through post-judgment motions. Some elements of a family law decree are non-negotiable, but if changing circumstances such as a new job, relocation, or other life event requires one parent to revisit their child support arrangement, the court may decide to adjust the child support determination to account for such recent changes.
California is a community property state. This means that most assets acquired over the course of a marriage are subject to division. There are many nuances that must be considered when working toward a property division agreement. We can help identify and properly value property to help ensure a fair division.
California’s community property laws require all property obtained during the course of a marriage to be divided equally between divorcing spouses, and this often requires establishing a timeline outlining when a couple acquired certain assets and properties. If one spouse owned a home, vehicle, or other high-value items prior to entering the marriage, such property would remain that spouse’s separate property in divorce negotiations. However, if the other spouse did anything that improved the value of the other’s separate property, such as contributing toward home renovations, then the court may decide that such property has “transmuted” into community property.
This is just one example of how property division can be a contentious issue, and this is especially true in high net worth divorces. In these situations, it is especially important to hire reliable, accessible, and responsive legal counsel who can navigate the complex financial elements of your divorce.
Some terms of a final divorce decree cannot be changed. However, certain terms, such as child custody, child support and spousal support may be modified. We can help you whether you are seeking a modification or if you wish to challenge your ex’s request for a modification. We our divorce modification lawyers handled many post-judgment modifications for various reasons, from parents changing jobs to changes in available income and school schedules.
Unfortunately, sometimes a person may not follow the terms of a divorce agreement. In these cases, we can explore your options for enforcement actions to help you receive what you deserve.
Cases involving domestic abuse are never easy. In Riverside, CA Whether you are seeking an order of protection — commonly known as a restraining order — from a violent member or have been falsely accused of domestic abuse, our domestic violence defense lawyers are here to help you through this difficult time.
Legally identifying the father of a child is essential in California to establishing parental rights and to securing support payments. Whether you are a mother or a father, we are dedicated to protecting your interests. You can hire our skilled paternity rights defense lawyers to handle your case professionally.
The Law Offices of Michelanne Hrubic are available to anyone in need of a Riverside family law lawyer. Attorney Hrubic and her legal team have successfully handled many divorce cases for past clients, and we can put this extensive experience to work in your family law matter. Contact our team today to schedule a consultation with highly experienced and dedicated Riverside family law attorneys.
Family law is a unique area of the civil court system. It can be daunting and confusing the first time you encounter a legal dispute based on family law. Whether you’re planning a divorce, need to arrange an adoption of a stepchild, or have questions about your child custody arrangement, family law can be confusing without reliable guidance.
At Law Offices of Michelanne Hrubic, our Riverside family lawyer helps to answer the questions people have regarding various aspects of family law. Below are some of the questions that we encounter frequently. It is important to keep in mind that everyone’s situation is unique and nothing can replace the knowledgeable advice that you receive from meeting with a lawyer. To schedule a consultation at our law firm in Riverside, call 951-888-0631.
When both parties are in agreement with most issues in a divorce case, it can seem like hiring an attorney is overkill. However, a divorce is still a legal process, and it is important to ensure that your rights and interests are protected. A divorce agreement that is reached without the assistance of an attorney runs the risk of being unfair to one of the parties and may require extensive legal help in the future to correct any errors. It’s always best to err on the side of caution to save yourself the time and expense of a legal battle further down the line.
Family law is unique in that it allows those involved in family court matters to revisit certain aspects of the decrees issued for their legal matters. For example, it’s possible for parents who participate in joint custody agreements to petition the court for changes to these agreements if they feel conditions have changed and warrant adjustment of the custody order. It’s also possible to revisit divorce decrees for spousal support arrangements or property division determinations. Some people need to return to family court after divorce to account for missed child support payments or other violations of existing divorce orders.
If your ex is not paying the full amount, or has stopped making child support payments altogether, you can seek enforcement actions with the help of an attorney. The threat of enforcement may be enough to get things going again. If not, options may include getting a court order to garnish your ex’s wages, or, if all else fails, requesting that the court find your ex in contempt, which may result in jail time.
While having your ex thrown in jail may sound like a good idea, remember that if a parent paying child support is in jail, they will be unable to make their support payments in most cases. Our firm aims to resolve unpaid child support issues as swiftly and painlessly as possible. In many cases, the simple act of having a reliable Riverside family attorney reach out to a non-paying parent can be enough to encourage payments to resume as required.
A custody and visitation plan does not necessarily mean that you must stay in the same location until the child is an adult. However, if you have physical custody and wish to relocate, you need to notify the other parent. You may also need to modify the terms of your agreement through the court to reflect this change. You should never decide to pack up and move on your own. Doing so can have disastrous legal consequences. That is why it is important to seek legal counsel to explore your options.
If the court deems both spouses are adequate parents, it tends to follow that the court will want the children to have as close to equal access to both of their parents as possible. If divorcing parents both remain living in the same area and are equally capable of getting their kids to school and required appointments, then an exact 50/50 custody split could be the court’s preference.
It’s not uncommon for physical custody agreements to consist of 60/40, 70/30, or even 80/20 splits. In some cases, children may spend the school year with one parent and their summers with the other, or parents may rotate physical custody on a weekly or split-week basis.
The family court system of California has a duty to ensure every divorce is processed legally. All questions related to child custody, property division, and long-term support or maintenance are fully answered. The divorce process can take months or even years in some cases, especially for hotly contested divorce cases. However, if a divorcing couple meets certain criteria, they may qualify for a summary dissolution.
A summary dissolution in California is possible if divorcing spouses have no children, own minimal community property, and ultimately agree to the terms of the divorce they have proposed. As long as the couple meets all necessary residency requirements, they can obtain a summary dissolution and officially divorce in a more expedited manner.
If you or your spouse intends to legally adopt a child, the process is relatively straightforward. However, it is still advisable to connect with a Riverside family lawyer who can help you navigate the process. Adoption typically requires the consent of the biological parent and relinquishment of their parental rights, and securing these documents is not always easy. Your attorney can help you gather the documentation you’ll need to complete your adoption and ensure that all the paperwork involved in the process is complete and accurate. An experienced attorney can also assist with name changes and procuring updated personal documents like birth certificates and Social Security cards.
California courts strive for equitable divorce decrees. If one divorcing spouse earns significantly more than the other, or if one of the divorcing spouses gave up a career to be a parent and homemaker while married, the court will consider factors like these to determine whether spousal support or alimony is appropriate and necessary. These arrangements exist to help a divorcing spouse maintain a suitable quality of life and handle the expenses of transitioning to independent living. In some cases, the court may require a temporary spousal support arrangement that lasts until the divorce is finalized, and the property distribution process typically ensures both spouses have equivalent financial footing when they finally divorce. Alimony or spousal support may continue if the recipient spouse needs time to further their education or obtain the necessary credentials to secure gainful employment.
The court will also consider factors such as the ages and overall health of the divorcing spouses and the likelihood of future tax issues and other financial concerns. If a couple divorces at an older age and one of the spouses is unable to work, they may receive alimony indefinitely.
In any divorce case involving alimony or spousal support, the divorce decree will include terms and conditions for the alimony or support arrangement. This section will outline terminating actions that a recipient spouse may perform that would cancel the paying spouse’s obligation to continue payments. For example, the divorce decree may define terminating actions as remarrying or cohabitating with a new intimate partner. If your ex remarried and you believe that this is a terminating action for your alimony or spousal support arrangement, a Riverside family lawyer can review your divorce decree and determine your options.
If you and your ex have a child custody and/or child support arrangement, it is essential for both of you to adhere to the terms of these arrangements to the letter. If a parent attempts to use their children or their custody rights as leverage against their ex for any reason, they risk causing many serious consequences. This can not only damage the parent’s relationship with their children and strain their ability to have amicable relations with their ex but also lead to legal penalties for violating a custody or support order.
In the event your ex threatens to do anything that would violate the terms of your divorce order, a Riverside family attorney can help you determine the best steps to take to prevent them from violating the order. Any parent who violates a child support or child custody agreement risks losing their parental rights and parenting time and other legal penalties. Your Riverside family lawyer can guide you through the process of holding your ex accountable for violations of your divorce order.
We can help answer all of your family law questions. Call 951-888-0631 or contact us online to schedule an initial consultation. From our offices in Riverside, we provide legal counsel to people throughout Southern California.
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