Family law matters may involve issues related to divorce, child custody, spousal support, and child support, among others. At the Law Office of Matthew & Julia Kaemerle, we pride ourselves on offering comprehensive and personalized legal counsel to San Diego County residents. Whether you are seeking to learn more about your legal rights and options, or whether you are already involved in a complex dispute, our Carlsbad family law lawyers are ready to help you take the next steps. We have assisted people in Carlsbad, Oceanside, Encinitas, and Vista, as well as the surrounding areas.Understanding Common Issues Arising in Family Law Matters
Each divorce is unique, presenting specific factual and legal issues that must be considered. The first step to obtaining a divorce in California is to file a Petition for Dissolution of Marriage. In this document, you will specify the grounds for seeking the divorce, along with other basic information such as when you were married. Most often, a couple seeks a divorce based on irreconcilable differences, which simply means that the marriage has broken down and cannot be repaired. The non-filing spouse then has a specific period of time to respond to the petition. California also requires the parties to a divorce to go through a six-month waiting period before the matter can be finalized.
During the divorce proceeding, the spouses may need to determine many different issues, potentially including the distribution of marital assets, child custody, and alimony payments. A family law attorney at our Carlsbad office can help you understand your rights and options in each of these areas. California is a community property state, which means that property acquired during the marriage is generally the shared property of the spouses and should be divided equally between them. (However, some people determine through a prenuptial agreement how their assets will be divided in the event of a divorce, and this agreement will control if the court finds it enforceable.) Deciding whether a specific asset is separate or marital is not always easy, and legal representation can make a huge difference in protecting your property interests.
California also has specific laws regarding child custody. There are two components of custody recognized in California. One component is legal custody, which refers to the ability to make decisions regarding a child's health care, education, and other key aspects of their upbringing. The other component is physical custody, which refers to overnight stays and other time spent with the child. In general, California courts will favor situations in which each parent is able to maintain a relationship with the child. Our Carlsbad family law attorneys can advocate for the situation that best meets your needs. When it comes to deciding issues regarding where the child will primarily reside or which parent has decision-making authority for important matters, the key is determining the best interests of the child. This involves considering the health, safety, and welfare of the child as well as the fact that children often benefit when maintaining contact with both of their parents. California courts are also required to consider the child's preferences if the child is mature enough to make an intelligent decision regarding custody matters.
These are just some examples of the issues that can arise during a divorce or the end of a relationship. Our attorneys are ready to listen to the details of your situation, untangle all of its complexities, and help you build a strategy to pursue a bright future for your children and you.Contact a Family Law Lawyer in the Carlsbad Area to Discuss Your Needs
Figuring out the right course of action to address a family law issue can be challenging, especially as you cope with the emotional turmoil that you may be experiencing. We understand how difficult this period in your life may be, and we can ensure that you receive compassionate and diligent attention. Our attorneys have assisted people in Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego, among other cities in San Diego County. To set up a confidential consultation, call us now at 760-931-1981 or contact us online. We also assist people with estate planning and probate matters, as well as misdemeanor charges, national security clearances, and domestic violence issues.