Family Law and Mediation
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We have the experience and the resources to handle a wide variety of your legal needs. Whether you
are looking for a pre-marital agreement, initial divorce consultation, mediation or counsel for a complex
child custody dispute, we can represent and advise you throughout the process.
- Marital dissolutions (i.e., divorce) and dissolutions of domestic partnerships
- Property distribution, such as business and venture capital interests, stock and stock option
portfolios, retirement accounts, and residential and commercial real estate investments - Child custody, including high-conflict custody disputes and “move-away” cases
- Spousal and child support
- Mediations and alternative dispute resolution
- Prenuptial, postnuptial and cohabitation agreements
DIVORCE
Divorce is one aspect of family law where almost everyone needs a family law attorney. Very few people ever “want” a divorce, although that’s often what is said by one spouse to the other. Circumstances may make a person feel they have little choice but to obtain a divorce if they want to change their life or the lives of their children for the better. Consultation with Brooks & Brooks can help you decide whether or not divorce is the best decision for your family.
Divorce affects over half of American families, and the statistic may be higher if you include the blended families which often exist because of a prior divorce in subsequent relationships or marriages. Divorce is a family law reality that must be faced when a relationship is no longer sustainable due to conflicts of personalities, financial problems, marital fidelity issues, health and/or substance abuse problems, or value differences between parents where children are concerned.
PROPERTY DIVISION
Assets and debts accumulated by a couple during their marriage are generally community property and are divided in a divorce. Inheritances, gifts received during marriage and property acquired before marriage or after separation, are generally the acquiring spouse’s separate property and need not be divided.
Community property law allows for an exactly equal division of community property; however, at times it is difficult or even impossible to divide a particular asset, such as a house. We will be able to present you with a variety of options that take into account these indivisible assets and still provide you with an equal overall distribution of property.
Brooks & Brooks will use their negotiation skills to create win-win agreements in their clients’ best interests.
CHILD CUSTODY
It is important to know that the court does not always rule in favor of the mother in matters of child custody and visitation. In reality, both parents today are treated as equally important in a child's life. Child custody disputes typically arise when parents are trying to decide how to share custody. Ideally, the child should be able to spend equal time with both parents, provided both are healthy and there are no issues of drug abuse or domestic violence.
Mediation is required in every child custody and visitation case. This is done to minimize conflict and protect the best interests of the child by letting the parents, rather than the court, decide on living arrangements. The parents first attend an orientation at which they will learn about the process and schedule a date for the mediation. At the actual mediation, attorneys are not allowed and the parties will discuss their issues in the presence of a neutral mediator. Brooks & Brooks always prepares their clients for the mediation. Please note if there is a history of domestic violence, the parties will be able to attend separate mediation sessions.
California public policy dictates that it is in the best interests of a child to be with both parents. However, if a parent attempts to distance a child from the other parent, it may hurt their custody chances. For example, if a parent takes their child to another state without notifying the other parent, they will receive orders to move back to what is considered the home state of the child and may have trouble acquiring or maintaining custody as their actions could be deemed contrary to the child's best interests.
If the parties have never been married but have children, the custody and support are determined through a paternity action. California public policy dictates that both parties share in the responsibility for the child. It is worth noting that contrary to popular belief, fathers are equally entitled to custody and support.
SPOUSAL/CHILD SUPPORT
California temporary spousal support (alimony) and child support are determined by the most complicated formula found in any state. People on either side of the spousal support matter are often misinformed and anxious about how spousal support will affect their futures.
People may have the following questions?
- How long can I receive spousal support?
- How much must I pay in spousal support?
- How can I provide for my children and myself?
- How can you ensure my interests are protected and the settlement is fair?
Temporary and Permanent Spousal Support
Initially, when you file for divorce, one spouse can seek temporary spousal support. It is based on California state guidelines. The figure is not permanent, but meant to support one spouse throughout the duration of the divorce process.
Permanent spousal support is figured differently than temporary spousal support. The amount and length of permanent spousal support depends on your attorney's ability to analyze what is called the marital standard of living in the context of over 15 factors set forth in the California Family Law Code and numerous court decisions.
Determining spousal support is not nearly as routine or formulaic as is child support and temporary spousal support. Whether you are seeking to limit your exposure to overpaying spousal support or you are concerned about ensuring for your own stability after divorce, you need the skill and experience of a certified family law specialist, by the State Bar of California, to guide you through these difficult times and to a new beginning..
PRE-NUPTIAL AGREEMENTS
Some couples may ask, “Why sign a pre-nup?” A Pre-nuptial agreement is designed to save litigation time and costs in the event of a divorce. Pre-nuptial agreements offer peace of mind, clarity, and security. They allow two people who are contemplating marriage to enter into a clear written agreement that controls how certain financial matters will be dealt with during marriage, upon death, and in the event of a divorce. Knowing what to expect can strengthen a marriage.
California law regarding prenuptial agreements is complex, and navigating the law requires experience and attention to detail. Pre-nuptial agreements must meet many requirements to be valid under California state law and we use precision, experience and care to ensure these requirements are met.
A pre-nuptial agreement will identify property brought into the marriage, it controls how income acquired during the marriage will be handled, and manages separate properties. Prenuptial agreements also include provisions for the division of debt, division of real property, medical coverage, life insurance, and the payment of spousal support upon dissolution
MEDIATION
Mediation empowers separating couples to reach mutually acceptable solutions to all issues of their divorce including spousal support, child support, child custody and property division. Mediation is often the preferred way to dissolve a marriage in the most cases because it facilitates resolving all issues much faster, it is less expensive than litigation, and allows the parties, not the court, to make decisions. The mediation process involved a neutral third party who is impartial and facilitates a construction dialogue between the former spouses or parties so agreements can be reached. Mediators do not represent any one party alone, and do not give legal advice. However, the attorney mediators at Brooks & Brooks will offer information about the law and various options to resolve a dispute as needed during the mediation process.
There are numerous benefits to mediation including:
- The process is far less adversarial.
- The mediation process and mediator records are confidential.
- The process allows resolutions to be reached efficiently and effectively
- Mediation is less costly than litigation.
- Mediation provides a supportive atmosphere for the Parties, thus lessening emotional costs on the parties and their families and therefore promoting family relationships between parents and children.
- The former spouses make the important decisions together instead of their respective attorneys making arguments to the Judge.
- Each Party keeps his/her power to control the outcomes of the divorce because decisions are made together with the help of our specially trained mediators
Brooks & Brooks
854 Manzanita Court, Suite 100 | Chico, CA 95926
Phone: 530-345-8259
