At the Law Office of Matthew & Julia Kaemerle, L.L.P., we provide our clients with the personalized, experienced, and committed legal counsel that they deserve when facing a challenging legal matter. Our Carlsbad Family Law Attorneys have handled a wide variety of issues related to complex, high-asset divorces, contested custody and visitation cases, pre-nuptial and post-nuptial agreements, as well as non-traditional family formation and dissolution. Our team will work with you to find the right strategy for your situation and will come up with solutions that address your goals and needs. Additionally, we offer legal assistance in the areas of estate planning and probate cases. Our Estate Planning Attorneys will ensure our clients that their assets will transfer as they wish, and will help families distribute a loved one’s estate. Our other practice areas include national security clearance, criminal misdemeanor cases, and matters surrounding domestic violence. We proudly serve clients in Carlsbad, Oceanside, Encinitas, Vista, and throughout San Diego County.
Family law matters often involve emotional situations and high stakes. We understand the stress that you are facing and we will work hard to take this burden off your shoulders. Family law is a general term used to encompass a variety of legal matters like divorce, legal separation, child custody, child support, paternity, spousal support, domestic violence restraining orders, pre and post-nuptial agreements, modifications or enforcement of Court orders, the division of assets and debts, post-judgment motions, and attorney fees and sanctions. In many instances, there are several complex issues involved in the same proceeding, especially when a couple with significant assets, young children, spousal and child support requests, couples with domestic violence issues, or military members get divorced. While some family matters can be resolved amicably out of Court, there are other situations in which the parties cannot agree about the appropriate resolution, which means that a court must get involved. Having a seasoned family law attorney in the Carlsbad area on your side can ensure that you understand your options and articulate your position vigorously.
For instance, a child custody determination is based on the best interests of the child, but the parents may not agree on what a child’s best interests require. A judge can take many factors into account in making this decision, which provides them with substantial discretion. The division of property, on the other hand, is more straightforward at first glance because California’s community property rule requires a 50/50 split of marital property between the spouses. However, there may be disputes over whether an asset is separate property, marital property, or a combination, and sometimes a spouse may suspect that the other spouse is hiding assets or otherwise trying to take advantage of the situation. These are some of the many reasons why you should make sure to retain legal counsel rather than trying to handle the process on your own.Divorce
When filing for a divorce in California, there are certain issues and matters that should be considered. Our dedicated Carlsbad family law attorneys have assisted clients throughout San Diego County with understanding their rights during a divorce and achieving a satisfying, lasting resolution of the matter. California is a no-fault divorce state, which means that you can seek a divorce based on irreconcilable differences that have caused a breakdown of the marriage, rather than proving that your spouse engaged in misconduct. At least one spouse must be a resident of California for at least six months before filing for the divorce, and there is a waiting period of six months before it is final. In some cases, a couple may consider alternatives to a divorce, such as a legal separation or an annulment. We can help you weigh the advantages and drawbacks of each option.Estate Planning
Estate planning is the process of setting up your assets and finances to achieve certain long-term financial goals and to ensure that your wishes will be carried out upon your death. An estate plan can involve a wide variety of legal tools, such as wills, trusts, personal property assignments, separate and community property agreements, advanced health care directives and powers of attorney. Our experienced estate planning attorneys will listen carefully to your goals and wishes and draft a personalized estate plan that is designed to honor them. Whether you want to leave a business to your children, develop a strategy to minimize the tax impact on your heirs, or set up a trust to leave your assets to whom you desire, we know how to accomplish it.Probate
While you are coping with the emotional loss of losing a loved one, you may feel overwhelmed by the process of distributing their personal property and possessions while carrying out any wishes they made. This process of administering someone’s estate once they pass, is known as Probate.. There is a Probate court system set up to deal with these matters located at the new central courthouse in downtown San Diego. The Downtown San Diego Courthouse represents the entire county of San Diego for Probate Cases. The rules and procedures in probate court are often different from those in an ordinary civil or domestic court, so you should retain an attorney who is familiar with this process to navigate it for you. If you are seeking to avoid the costs and complexities of probate in advance, we can develop an estate plan to transfer your assets in a way that circumvents the process.National Security Clearance Defense
For active duty military and civilians with security clearances, maintaining a security clearance status can be a critical issue. Over the last decade, the federal government has heightened the required security clearances for several positions, which can make it more difficult to secure new employment opportunities or to stay in your current position. Attorney Julia Kaemerle has provided many clients with legal advocacy regarding obtaining or maintaining a security clearance including but not limited to the DOD, NSA, CIA, and FBI. She can represent you whether preparing a response to a Statement of Reasons, appearing at a formal hearing, or at an appeal to contest a denial. Having a knowledgeable security clearance attorney can help you avoid losing out on a major career opportunity because of a security clearance issue.Criminal Defense
Our team of legal professionals has provided counsel to people in Southern California who are facing charges of DUI or other misdemeanors. It is critical to have an experienced criminal attorney on your side because the penalties for even a first DUI conviction can have harsh consequences. For a first offense, the defendant must pay between $390 and $1,000 in fines and may face up to six months in jail. There is also usually a license suspension period, which can cause problems for people who rely on their vehicle to get to and from work or to take care of other responsibilities. In addition to handling DUI and other misdemeanor cases, we can represent people who are pursuing petitions for factual innocence to keep their arrest record clean if they did not commit the crime for which they were arrested. This can be essential in obtaining educational and professional opportunities.Domestic Violence
Domestic violence involves situations in which there is violence or a threat of violence between individuals who are related by blood or marriage or who share a common residence. Just an allegation of domestic violence can have serious consequences for your personal and professional life. If you are a victim of domestic violence, the primary concern is ensuring your safety as well as the safety of any children. If you have been wrongly accused of domestic violence, your priority is clearing your name to avoid a criminal record or damaging your relationship with your children or other family members. Our domestic violence attorneys will listen carefully to your story so that we can help you move forward with this stressful situation as smoothly as possible.Discuss Your Situation with a Knowledgeable Family Law Attorney in Carlsbad
If you have questions about your legal rights and options, the attorneys at the Law Office of Matthew & Julia Kaemerle are prepared to assist you. We have handled a wide variety of legal matters for people throughout San Diego County, including: Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego. We know how daunting it can be to determine the best path to achieve your goals and to secure a successful outcome. To schedule a free consultation with a Carlsbad Family Law Attorney or an Estate Planning/Probate Attorney, call us now at (760) 931-1981. Additionally, if you are seeking assistance with a misdemeanor criminal issue, or security clearance issue, call us now at 760-931-1981 or contact us online.