DIVORCE

California was the first state to implement the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds there to be "Irreconcilable differences" that have caused an irrevocable breakdown of the marriage. To qualify for a dissolution of marriage, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous three months prior to the filing of the Petition. Once the Respondent is served with the Summons and Petition for Dissolution of Marriage, the marital status cannot be terminated until six months have passed from the time service was effected.
Divorce is a stressful and emotional time for everyone involved. Whether it is a client seeking an uncontested divorce or an individual with custody questions, at Albright & Associates, we can help. Ms. Albright has an intimate knowledge of the divorce laws of California and the experience to answer questions that arise during this difficult time.

For example:

• How will our marital assets and debts be divided?
• How will our personal property and real estate be divided?
• How will retirement accounts and pensions be divided?
• How much Spousal Support will I give or receive and for how long?

Ms. Albright is experienced in helping clients with their divorce no matter how simple or complicated it may be. When it comes to divorce, we try to find a positive resolution to any dilemma, reducing the cost of the conflict. If you and your spouse can agree with the distribution of property, custody of the children, and division of other assets, the pain and costs associated with the divorce proceedings are greatly reduced. Albright & Associates can help you come to an agreement so you can resolve your dispute amicably. If you cannot settle the case and need to go to court, we can handle that, as well. We work aggressively on behalf of our clients to achieve a positive outcome.
If you are having problems in your marriage and think divorce may be the best alternative, Ms. Albright welcomes the chance to talk to you.

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LEGAL SEPARATION

In California, the grounds for "legal separation"  are the same as for dissolution: irreconcilable differences and Incurable Insanity. Couples sometimes choose legal separation instead of divorce for religious reasons, or to maintain coverage of an ailing spouse on the other party's medical insurance. Also, if the parties do not meet the residence requirements for dissolution, the action may begin as a legal separation and then be converted to a dissolution. Couples who obtain a legal separation -- even a court ordered one -- are NOT free to remarry.
If you and your spouse decide to separate, it is best to enter into a separation agreement or obtain a court order of separation. A separation agreement is a contract between you and your spouse that can provide for spousal support, child custody, time-share rights, child support, and a division of property acquired during the marriage. The agreement can be enforced by the courts if a party does not comply. If the parties later divorce, it may be incorporated into the divorce judgment.
If the parties cannot agree to a separation agreement, your lawyer may recommend that you obtain a court ordered separation. This requires a lawsuit, not unlike that for a contested divorce. The court may decide issues of child custody, time-share, support, and property division, as part of the separation proceeding.

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CHILD CUSTODY AND VISITATION

Primary Physical Custody
When physical custody is awarded to a parent, it means that the minor child will live in the home of that parent.  When custody is an issue, generally the parties are ordered to attend mediation before the custody hearing.  Generally, attorneys are not allowed in mediation.  The parties including the mediator attempt to agree on custody issues.  If the parties cannot agree on custody, the mediator will make a recommendation to the Judge regarding custody and visitation.  There are times when the mediator may want to talk to the child regarding where he/she would like to live primarily along with other concerns.
It is important to remember that both the mother and the father of a minor child are equally entitled to the custody of the child. If one parent dies, refuses to, or cannot take custody, the other parent is entitled to custody of the child. If one parent abandons the child, the other parent is entitled to custody of the child.
In deciding custody issues, there are a lot of gray areas.  The goal of the State is to do what is in the best interest of the child. 

Visitation
Generally, a court will grant reasonable visitation rights to the non-custodial parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted visitation rights if they have an interest in the welfare of the child—this is generally divided into the area of grandparents, step-parents and other non-parents. It should be noted, however, that this is discretionary. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child..

Legal Custody
Legal custody of a child is the right and obligation to make decisions about a child's upbringing, including schooling, dental care, and medical care. Courts can grant joint legal custody or sole legal custody to one parent.  Generally, unless there are compelling circumstances, parents will be awarded joint legal custody.  This means that both parents will equally share in the responsibility of making decisions about their child’s upbringing.   If the Court finds that it is not in the best interest of the child to grant joint legal custody, the Courts will generally grant sole legal custody to one parent.  Sole legal custody generally means that one parent will make the decisions regarding the child’s upbringing.
California's public policy ensures that children have frequent and continuing contact with both parents after separation or dissolution of marriage. Parents are actively encouraged to share child-rearing rights and responsibilities in order to affect this policy.

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CHILD SUPPORT
Child support is the money one parent must pay to the other parent with physical custody to assist with things such as school costs and everyday needs. In the 1980s, federal laws were passed ordering states to establish guidelines for determining the base amount of child support. These laws came into effect due to beliefs that child support payments were too low and the wide variation in ordered payments for similar circumstances caused confusion and complaints.
Today, the California State Legislature calculates the final amount using a complex algebraic equation factoring in things such as parent income and number of children. Most family law attorneys and all California courtrooms have software to assist in computing the guideline amount. The formulas are based on studies estimating the normal costs for a family to raise children. However, due to the unique situation of each case, it is often difficult to predict an amount with absolute certainty.
At Albright & Associates, we have the same software that issued in Courts in determining child support.  Thus, we are able to have an estimate of how much you will receive or pay in support payments before a court hearing on a support matter.

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SPOUSAL SUPPORT
In determining the amount of spousal support that one spouse will receive or be awarded to pay, many factors are considered including length of marriage, prior living standard, presence of young children, employment opportunities available to the spouse requesting support, and the extent to which the supported spouse has contributed to the attainment of education or a professional license by the other spouse. The court will, at the very least, require a "reservation of jurisdiction" when considering marriages lasting more than ten years. This means that even if no current spousal support orders exist, the supported spouse will be permitted to request spousal support in court a year later should the need arise. For marriages lasting less than ten years, spousal support will usually be paid for approximately one-half of the marriage length.

A spouse can request to be paid temporary spousal support to keep everything “status quo”.  Generally, a spouse requests temporary spousal support when he or she is not employed or is earning significantly less than the other spouse. 

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RESTRAINING ORDERS
If you are a victim of domestic violence, you may request the Court to issue a restraining order against the other party to protect you and your children.  Generally, once you file your Domestic Violence papers with the Court, the Court will set an emergency hearing, meaning that you will generally have a court hearing within 24 hours.  At that time, the Court will decide whether to issue a Temporary Restraining Order (TRO) or whether to deny the request.  If a TRO is granted, the other party may be required to stay away from your home, work and car.  The Court may issue other orders as well.  If the restrained party does not obey the Court’s order, criminal charges could be brought against that party.  The Court will then set a hearing on the domestic violence issue to determine if a permanent restraining order should be granted.  A permanent restraining order can be granted up to 5 years. 
Women and Men can be victims of domestic violence.  However, in the United States alone, statistics report that an estimated 4 million women are battered by their husbands or partners. Domestic violence can be an ongoing cycle or it can show up on very rare occasions, or even just once.

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MEDIATION
Mediation is a constructive means for many couples to manage and resolve difficult issues, such as spousal support or visitation, in a timely and cost effective manner. Perhaps most importantly, mediation allows them to maintain maximum control over decisions that will likely affect them and their children for many years to come.

Mediation offers the following benefits:

• No pressure. Neither you, nor your spouse will be allowed to feel pressured during mediation.
• Safe. Neither you nor your spouse can compromise or lose any legal interest or right during mediation.
• Good business. Mediation is an informal, sensible and safe way to negotiate. A divorce or custody dispute does not need to become a full-blown legal battle. Good negotiators recognize the value of a third party helping to settle disputes.
• Cost effective. A mediated agreement usually costs less and takes less time because the parties are doing the negotiating, not the lawyers. What’s more, studies show that people are more likely to live up to agreements they have negotiated, rather than those done for them by others or decided by a judge.

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PROPERTY DIVISION
Property division can be a complex and time consuming process. The towels hanging in the bathroom may say "HIS" and "HERS," but in a community property state such as California both towels usually are "THEIRS." Because the lines of his and hers are blurred, sorting out the ownership of the marital assets can be difficult.
Community property refers to the special status granted to assets purchased by the couple during marriage. Both the husband and the wife have an interest in this property even though it may have been bought with the earnings of only (or primarily) one of the partners. The court will decide, if the opposing parties cannot, which assets are to be given to which individual. Considerations include the income of each spouse during the marriage, the career earning potential of each spouse, child care and homemaking efforts, the financial resources and needs of each spouse, and the contributions of each spouse to the property in general.
Moreover, separate property must be confirmed to the parties. Separate property is normally characterized as property owned prior to the marriage, received during the marriage as a gift or bequest to one of the parties individually, or acquired after the marriage, which has not been commingled.
Property division can have far-ranging and long-term effects. Pension plans, IRAs, and other investment options must be characterized and divided. Loans, liens, notes, and mortgages, must be accounted for, together with the properties that they encumber. Sale or transfer of some properties may substantial tax consequences for either or both parties. And there is almost always a few items with unmeasurable sentimental value.
Often, spouses "trade" concessions: for example, one partner takes the family residence and the other retains the family business and/or investments. The division process can be as minute or as global as the parties require. Further, the process can be done quickly and efficiently if the parties can agree on a settlement, or it can become a long and expensive process if the court must consider all the issues and make the divisions.

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DISTRICT ATTORNEY CASES
The District Attorney of each County of California is assigned the task of collecting child support.  If you owe child support, your license can be suspended, a lien can be placed on your income taxes and your passport privileges could  be revoked until the matter is resolved.  At Albright & Associates, we can help you with this situation. 

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