Walnut Creek Family Law Attorneys | Walnut Creek Family Law

Women and Mothers involved in divorce present special questions and circumstances to the family law judge. The presentation of a woman's case to a family law judge is very demanding and detailed. Women contemplating divorce or involved in divorce have numerous issues that must be addressed and done so in a way that is acceptable to the courts.

If you have questions about child support, spousal support, child custody and visitation or division of assets, do not hesitate to contact The Cerda Law Offices. Flexible payment plans are available and in many cases retainer payments can be reduced to accommodate the needs of the individual.

Custody and visitation

Often women have questions about custody and visitation matters. Custody and visitation issues often require mediation and the utilization of court personnel to meet and confer with parties to discuss such questions as, who will be the primary custodian, what visitation rights the non-custodial parent will have and who has been the primary caretaker of the children.

Many women want to know when a father is not permitted to see a child. The circumstances vary. Obviously the conduct of the parties is scrutinized by the court very closely. If either party is involved in the unlawful consumption of alcohol, drugs or involved in aberrant behavior this is of concern to the court. Such issues may be discussed at mediation and can also be presented to the court.

Support

Frequently women involved in divorce need financial support. Whether that support be in the form of spousal support or child support, questions arise as to how the support is calculated and when it is paid. As a general rule the family law courts utilize a computer based software program to calculate support. In the area of child support the calculations are dependant upon many factors. The most important factors include the income of the parties and the percentage of time share that the children spend with each parent. As indicated, however, there are numerous other factors in the calculation.

Job Contacts

Many women ask if they will be required to seek employment in a divorce situation. There are indeed requests that can be brought by the opposing party for job contacts and to have income imputed to the opposing party. These issues do not follow a general guideline and are dealt with on an individual basis.

Division of Property

Frequently in a divorce there are insufficient monies available to support both parties and to support the assets that were held during marriage. Questions are often raised about family homes and whether they will be sold. This is an issue that is frequently decided by the courts. It is not uncommon for judges to order the sale of individual assets and have the proceeds held in trust for safe keeping to the conclusion of the dissolution action. The court may then order the release of the funds to the parties.

Frequently women have questions concerning their probability of staying in the family residence during the pendency of a divorce. There is case authority to allow women with children to remain in the residence for a period of time. There are no general rules in this area and the courts treat this issue on an individual basis. The financial ability of the parties to obtain independent housing is closely scrutinized by the court.

Domestic Violence and Restraining Orders

Women often bring questions concerning the issue of domestic violence that has occurred during their marriage. Domestic violence is treated very seriously by the courts and can have a powerful influence in the course of family law litigation, particularly in the area of custody and visitation. Women should contact attorneys immediately for advice in the area of restraining orders and domestic violence. Courts focus on the severity of the violence, the time and date of the violence relative to the request for restraining orders and the harm that resulted either to the women or to the children in the relationship. Domestic violence is a very complex area and requires careful presentation of facts. The courts do have personnel available to assist women who have been victims of domestic violence. Women are encouraged to contact the courts, law enforcement and attorneys as they deem appropriate.