Family Law in Santa Maria, CA

Mediated Divorce

Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effectively as possible. The issues covered include but are not limited to the following:

1. Distribution of Property (Assets/Liabilities)
2. Child Custody and Parenting Time
3. Child Support/Maintenance
4. Retirement
5. Taxes

How Mediation Works

The couple, with the help of the mediator, discusses and comes to mutual agreement on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediator’s job to keep the lines of communication open, brainstorm ideas, reality test the couple, teach empathy and assist the couple in their decision making process.

Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced.

A divorce mediator is neutral and doesn’t “work” for either parent. That means the mediator cannot give advice to either party. They must remain neutral no matter what the situation.

Child Custody and Visitation

Legal Custody and Physical Custody

People often think about custody in terms of “legal” custody and “physical” custody. Legal custody means having the right to make important decisions about your children, such as where they go to school, what religion they are, and major medical decisions. Physical custody refers to the children’s living arrangements.

Custody can be “sole” or “joint.” Sole custody means only one parent has custody. Joint custody means the parents share custody.

Parenting Time

A parenting time schedule tells when the children spend time with each parent. Many family courts have a standard parenting time schedule. Holidays are split between the parents, and they switch each year.

Guardianship

Most parents know that it’s important to choose someone to take care of your kids if something were to happen to you. Yet, too many parents don’t understand why it’s important to legally document your choice of guardian.

What Is a Legal Guardian?

Because children under the age of 18 are considered minors and not capable of taking care of themselves, they must always be under the care of a legal guardian. The guardian has both the ability to make decisions for the child and the responsibility to financially support the child.

What Steps Can I Take?

1. Make sure you have a will that designates a guardian.
2. Talk to the individual(s) you’ve chosen so they know what steps to take.
3. Execute a standby guardianship document for immediate custody if needed.

Probate

California Probate is a legal proceeding required to settle a deceased person’s estate, paying all debts of the decedent, and distributing the property to the heirs and beneficiaries. When a Living Trust holds the title to some of the decedent’s property, however, that property can pass to the beneficiaries without going through probate. A court probate of a will can be expensive and time-consuming, but can be completely avoided with proper estate planning.

In California

The courts have simplified the California probate process and now there are several ways to transfer property at death. Some of these procedures do not even require formal court proceedings.

Wills & Trust

• If we do nothing else to take care of our legal affairs, we should write a will. If you don’t make a will before your death, state law will determine who gets your property.
• What a Will Won’t Do: Many kinds of property don’t necessarily pass through your will.
• Living Trusts: A popular way to avoid probate. The main reason for setting up a revocable living trust is to save your family time and money.
• Living Wills and Powers of Attorney for Health Care
• Durable Financial Power of Attorney

Unlawful Detainer and Eviction

Do not see your issue? Call us and we can help: 805-585-3828