You may have experienced common feelings of isolation, anxiety or being overwhelmed when dealing with a divorce or separation. You are not alone. Perhaps you’re facing decisions about whether to undergo a legal separation or are embattled with a child custody situation. You now have an ally. There is no way to embark on a standard course of action. Crocker Law is happy to guide you along a path of fairness and advocate relentlessly for you when the going gets tough in the courtroom.
On occasion, the solutions are not obvious or equitable. Settlements and agreements can involve a world of trouble for those without proper representation. Kinna Crocker has negotiated on behalf of beleaguered clients in the most stressful situations, and for over 10 years, she has done it well. You can get a fair result and you can finally experience a sense of relief.
Sonoma County deserves better, and Crocker Law is just that. Give us a call and find out why.
Annulment is a legal procedure for declaring a marriage null and void, which means the marriage never existed. This is different from divorce and does not require property division or support determinations.
Custody is both legal and physical. Legal custody determines who has decision making power over a child’s health and welfare (e.g., choice of doctor, choice of school). Physical custody determines how a child spends time with each parent.
Child support in California is governed by statute and the court uses a calculator to determine the amount.
When parties live together but choose not to enter into a formal legal relationship (marriage or registered domestic partnership), they may not realize that a pseudo-legal relationship may be created. The case of Marvin v. Marvin provides precedent for unmarried/unregistered couples potentially being required to share property and provide each other support in the event of a breakup. Cohabitation agreements are useful in setting forth the parties’ intentions regarding property and support in the event they are no longer together.
Couples who no longer wish to be married must obtain a legal document declaring them to be divorced. Divorce involves division of property, payment of spousal support and, if applicable, orders regarding child custody and child support.
Grandparents have rights to maintain contact with their grandchildren through a formal court request for visitation.
Legal separation allows parties to divide property and determine spousal support obligations but remain married. Community property rules no longer apply to legally separated couples. These couples remain married in name alone.
Mediation is a good option for many people who have divorce and custody disputes. A family law attorney/mediator can provide the legal background necessary for parties to make informed decisions about property division, custody and support. This option lessens the emotional and financial expense of divorce or parentage issues by keeping the disputes out of court.
Unmarried or unregistered couples who have children can obtain court orders for custody and child support through parentage actions. The parentage action secures legal rights between the parents and the child, allowing the child to be cared for and maintain inheritance rights. Same sex couples who are not married and not registered domestic partners should also obtain parentage judgments in order to secure legal rights to the child.
When parents are no longer together, they must create a parenting plan that ensures the child has frequent and continuing contact between the parents and the child. The child’s needs, activities and best interests must be considered when creating the plan.
Property division in divorce can be complex. Such property can include businesses, stock accounts, retirement accounts and credit card debt. Parties must also consider separate property reimbursement rights when dividing community property.
In divorce, spousal support must be determined as to amount and duration, or waived. At the outset of the divorce process, the court may award spousal support on a temporary basis using a spousal support calculator. At the completion of the divorce process, the court may not use the calculator and must determine spousal support based on the parties’ financial circumstances.