What Can A Family Law Attorney Do For You?

The family lawyer shares the figure of a man and a woman on scales.

Family law attorneys focus on issues in family relationships that involve divorce, marriage, adoption, child custody, child support, paternity, alimony, division of property, and more.

Many people will find they need an attorney at some point. Most attorneys specialize in certain areas and if you need a family law attorney in Bakersfield, make sure you hire an attorney who is experienced in family law.

A family law attorney is one of the most widely utilized types of attorneys, as many people frequently need them. This article will tell you some of the various issues a family law attorney helps you with and what they can do for you.

The Role Of A Family Law Attorney

A family attorney can help you with various things, including court proceedings and helping to negotiate through mediation. A family law attorney helps with issues around the family, family, legal paperwork, and more.

#1. Divorce

Divorce is essentially the dissolution of a contract; however, it’s also very emotionally challenging and legally complex. It is important to hire an attorney when navigating a divorce. When you are going through a divorce, it is emotionally, mentally, and physically tiring, and a family law attorney can help represent you using their experience, knowledge, and expertise. An experienced family law attorney can help you navigate the complex family court system, keep you from making some common mistakes and ensure that your rights and family are protected. They will also help alleviate some of the stress of a divorce and ensure that all the legal paperwork is filed correctly.

#2. Pre and Postnuptial Agreements

Legal documents such as pre and post-nuptial agreements detail how everything will be distributed to each party after a divorce. The prenuptial agreement is created before marriage, and all property and assets of both parties are outlined as and how they will be divided after the couple’s divorce. Certain things, such as child support and custody, cannot enter a prenuptial agreement. A postnuptial agreement is created after the couple is already married.

#3. Spousal and Alimony Support

Family law attorneys must negotiate common issues such as spousal and alimony support. Depending on the state you live in, a judge may make the final decision, or some states have laws regulating the amount of spousal support awarded depending on various factors.

Family law attorneys can provide the court with all the needed information to help achieve the best possible outcome for their client. State guidelines for awarding spousal support may vary; however, the judge still requires accurate information, including such things as:

  • Income
  • Level of accumulated joint debt
  • Ability to work and earning potential
  • Sometimes, even the conduct of each spouse will be considered

Your family law attorney will help gather and request all necessary documents to help you navigate this complex process.

# 4. Child Custody

Child custody is usually an emotionally charged issue for all parties involved in the matter of custody and is determined by many factors, including the following:

  • The parent and child bond for both parents
  • Criminal activity of one or both parents
  • Drug or substance abuse of one or both parents
  • The stability of each home
  • Domestic violence, including emotional, physical and mental, and financial abuse

Sometimes a child custody agreement can be created before going to court, and the judge will usually support it unless the child’s best interest is not being served. However, if no agreement is reached, it is up to the family law attorneys to gather evidence and present it to the judge to ensure that the child’s best interest is cared for when deciding child custody.

#5. Child Support

The majority of states have specific formulas used for determining child support. One of the crucial jobs of a family law attorney is ensuring that the court has all the necessary information to calculate the correct amount. Child support is to help ensure that the children have the financial resources they need and would enjoy it if both parents were living together. Information that needs to be gathered includes the following:

  • Accurate and transparent reporting of income
  • Healthcare expenses for the children
  • School and education expenses for the children
  • Allowable deductions

Your family law attorney can also gather evidence and report it if the other party hides resources or is intentionally underemployed or unemployed.

#6. Adoption

Family law attorneys are helpful during adoptions in California as they can ensure the paperwork is filled out and filed correctly. Adoptions often come with a lot of legal red tape, and a family law attorney can help your adoption be processed as quickly as possible.

#7. Paternity

If paternity is questioned or undetermined, a family law attorney can help protect your rights and family. This includes establishing paternity to receive child support or to obtain parental rights.

#8. Domestic Violence/Abuse or Child Neglect

If you or your child experiences neglect or abuse, hiring a family law attorney to help you is essential. The attorney may represent the child or you if you’re being abused physically, mentally, emotionally, or experiencing financial abuse. They may also be in the position of defending the parent who is being accused. Hiring an experienced family law attorney is essential to protect you and your family.

Azemika & Azemika Law Is Here To Help You

At Azemika & Azemika, a family law attorney in Bakersfield, California, we handle divorce cases, dissolutions of domestic partnerships, child custody and support, paternity, alimony and spousal support, adoption, and more.

Our highly skilled attorneys are here to help you navigate this challenging time and complex legal system. Contact us today for a free consultation.

How To Know If You Need A Family Law Attorney

Wooden toy family and judge mallet

If you have a conflict within your family unit, you may wonder if it is time to hire a family law attorney. Family lawyers are responsible for dealing with sensitive issues and relationship conflicts and navigating the complex family court system.

While everyone goes through conflict in their relationships at some point in their life, there comes a time when you need a family law attorney. However, it can be challenging to know when it is time. 

We are here to help you! This article will go over some of the signs that are good indicators for when it is time to hire a family law attorney and give tips for choosing the best one for you.

Why Hire A Family Law Attorney

Family law covers various issues such as divorce, child support, custody, adoption, and paternity. Laws vary depending on the state, so hiring a family law attorney can significantly impact the outcome of your case.

Here are some reasons for hiring an attorney to help resolve your family conflicts and concerns.

1. You Are Considering or Ready To File For Divorce

Filing for divorce is rarely an easy decision. It most often results from extensive and deep unresolvable conflicts in a marriage. If you ever find yourself in this position, one of the best things you can do is hire a divorce lawyer to ensure you avoid some common mistakes.

An experienced divorce lawyer will be able to walk you through the proceedings and help you navigate this challenging time. They will be sure that you file the paperwork correctly and assist you in negotiating your divorce. Hiring an experienced divorce attorney will help you feel relaxed and confident in alleviating some of the stress of filing for divorce.

2. Child Custody Arrangements and Questions

Determining child custody is usually an emotionally charged issue. Most parents want to have as much time with their children as possible, and choosing how to split that time between households can be challenging and hard on everyone involved.

My family law attorney has the expertise and experience to ensure that your rights and family are protected and that you can maintain a close relationship with your children. They will assist you in developing a sustainable child custody and visitation arrangement and plead your case to help you reach the desired outcome.

3. Child Support

Most people’s financial situations are significantly impacted during a divorce. It may be concerning how you will cover expenses and care for your children after your divorce, and that is why determining child support payments is crucial.

One of the great things about working with a family law attorney is that they deeply understand your state’s guidelines and the process the judge will use to decide how much a parent is responsible for financially. Hiring an attorney will ensure that you have someone who understands your situation to help you come up with the best solution and ensure that you have the financial support you need. An expert lawyer is priceless when implementing a fair child support agreement plan.

4. Arranging Alimony Payments

Depending upon your situation, you or your spouse may be required to make alimony payments to support the changing financial position due to the divorce. 

Usually, alimony or spousal support comes from one spouse who can prove they were financially dependent upon their spouse during the marriage. An example of this would be if one parent stayed home with the children and their spouse worked, then they would qualify for alimony payments. A judge decides on alimony payments, and an experienced family lawyer can look at your case and determine if you have a good chance of being approved. While it may seem like a hassle, going through these proceedings is worth the time and effort.

5. Domestic Dispute Cases

The other reason why hiring a family law attorney Is to help you solve a family dispute, such as custody agreements, property settlements, and family-related matters. A family lawyer can also mediate to help resolve legal arguments and conflicts between family members.

6. Parent Relocation

Life sometimes brings unexpected or desired changes after divorce. However, one parent can’t move away with the child without the other parent’s consent. There are many factors to be considered, including things like if one parent is pushing for better employment, to be closer to family, arranging new visitation agreements, any possible negative impacts on the child/parent relationships, new marriages, and more.

A family law attorney understands the complex issue of parent relocation and will be able to present your case to the judge and protect your rights and your family.

7. Adoption

Navigating the adoption of a child can be a complex legal process that may take several months to complete. Often adoptions will fall through due to legal issues. 

Adopting a child involves a lot of paperwork and submitting the documents to relevant agencies. You must prove that you are physically, emotionally, mentally, and financially capable of taking care of an adopted child to the state or child welfare services. You may also be required to participate in court hearings. Hiring a family attorney will ensure that all the paperwork is done accurately and that your case is presented favorably to the court.

Hire Azemika & Azemika Law, Experts In Family Law 

At Azemika & Azemika Law, we specialize in family law. Our highly skilled attorneys have extensive experience navigating California divorce laws, child custody, support and visitations, adoption, paternity, and more. We are here to help and support you and protect your family, rights, and assets. Contact us today for a consultation!

Things To Know About Paternity In California

paternity in california

Establishing paternity in California is to identify the child’s biological father. It can be done by either the courts or the parents. When you establish paternity, it has various advantages for both parents and the child or children.

A child’s father is financially responsible for helping to support and is legally allowed to be a part of his child’s life. California is a progressive state, and paternity law is no exception. 

Suppose you need or want to establish paternity in California. In that case, It is essential to hire an experienced family law attorney who knows how to handle paternity cases to ensure the legal paperwork is done correctly and your rights and family are protected. This article will discuss how California paternity is established and the advantages of doing so for the child and the parents.

Establishing Paternity in California

The law for establishing paternity can depend on the circumstances. 

Establishing Paternity For Married Couples

If the parents are married at birth, the husband is the child’s presumed father unless paternity is questioned in the first two years. 

If another man, who is not the husband, fathers the child, he has the legal right to establish paternity in California and can request a paternity test. Occasionally, the court will show preferential treatment of a stable marriage over a biological father’s paternity if it is in the child’s best interest.

Establishing Paternity For Unmarried Couples

The biological father of a child has responsibilities and rights to the child regardless of his relationship with the mother. If two people live together as a family and the man exhibits commitment and responsibility towards the child, he is the presumed father. A man may request a paternity test to prove or disprove his parental status; however, if he has acted as the legal father, he still often retains rights to custody and financial responsibility.

California Paternity: Voluntary Declaration of Paternity

The easiest way is for both parties to sign a “Voluntary Declaration of Paternity” form, identifying them as the parents and the man as the biological father to establish paternity in California.

Alternative Ways To Establish Paternity In California

If paternity is in question, the best way to establish paternity in California is to take a genetic test. In California, the word “paternity” is used interchangeably with the word “parentage” or “parental relationship.” The next step is to file a parentage case and, ideally, hire an experienced paternity lawyer. 

These options for establishing paternity include the following:

  • A Prenatal test can be done before a child is born, once the mother has reached eight weeks into the pregnancy. Make sure you choose the non-invasive prenatal paternity test, which is significantly safer than other alternatives. All that is necessary is a blood sample from the mother as she is sharing blood with the baby during her pregnancy. The doctor can isolate the baby’s DNA to identify the child’s paternity.
  • A DNA test is a newer, more accurate method for determining paternity. DNA testing involves getting a blood or tissue sample and is highly precise, unlike a blood test that only determines the likelihood that a man is a father. It is common to do at least two DNA tests for confirmation. Most DNA tests will get a sample from a cheek swab.
  • A Blood test can be done after the child is born, although they aren’t as accurate as a DNA test. A blood test will identify who is likely the father.

Advantages Of Establishing Paternity In California

Some benefits of establishing paternity may be apparent. However, there are several that you may not consider, including the following:

  • Being able to access family medical history and records
  • Legally documenting both parents
  • Both parents being named on the birth certificate
  • Life and health insurance coverage from both parents
  • The right to receive veterans benefits or social security when available 
  • The right to inherit assets from both parents
  • The father may sign documents such as permission slips or release forms for the child
  • Receiving child support
  • Physical and legal custody of the child
  • Determining where and with who the child lives
  • Visitation rights, which is when the noncustodial parent will see the child
  • Establishing parental rights

Dealing With Unusual Paternity Situations

If you find yourself in a complicated paternity situation, there are some standard solutions.

  • If you have a baby with another man while married, hiring a paternity lawyer is a good idea. If the husband wants to fight for the right to keep the child and the judge determines it is in the best interest of the child, then the husband will most likely retain parental rights.
  • Sometimes, you need to determine paternity after a divorce if the husband is questioning and wants to dispute who the child’s biological father is. If the legal father isn’t the biological father, he can still be granted custody rights and be required to pay child support, even if he doesn’t want to. The court always acts in the child’s best interest, no matter who is the biological father, and sometimes, adoption of the child may be the best course of action.

In some circumstances, you can challenge paternity results. If you find yourself in this situation in Bakersfield, hire a lawyer with the expertise to help you through this challenging situation.

Hire An Experienced Family Law Attorney To Help You

Whether you are going through a divorce, dealing with a paternity case, adoption, child custody, or child support, hiring an experienced family law attorney to help you is vital.

At Azemika & Azemika, our law office in Kern County is exclusively devoted to the complex legal system of family law. Our partners have a combined total of over 56 years of experience in family law, and protecting the best interest of your children and family is our top priority.

Contact us today for a consultation, and we will work to deliver the best outcome possible for your case.

FC 271 Sanctions

A California divorce court is reversed by an Appellate Court when the judge sanctions Mother and her attorney for actions that the Appellate Court found were not sanctionable. The California Court of Appeal has ruled that a Trial Court was wrong by ordering sanctions under California Family Code Section 271 [divorce court may impose attorney’s fees based on conduct of party or attorney that furthers or frustrates settlement] against Mother and her attorney on the grounds that Mother argued that Father should not have overnight visitation with their child until child turns two years old, Mother filed a motion to disqualify the trial judge, Mother submitted a proposed judgment with errors, and Mother argued that Father’s video calls with child should be recorded.

In the case Featherstone v. Martinez (Decided on December 21, 2022), Mother and Father had one child together in 2019. Two months after child was born, Mother filed a parentage petition requesting primary physical and joint legal custody of child. In her supporting declaration, Mother acknowledged that Father was an involved father, but that he traveled frequently for work and was in town only three to four days each month. Mother requested that Father’s initial visitation with child last only three to four hours at a time and take place at her home and that Father provide two weeks’ advance notice before each visit. Mother also requested that overnight visits with Father begin once child turns two years old.

Father filed a response and, in his proposed visitation schedule, requested each visit last eight hours and that overnight visits begin when child turns six months old.

At a hearing in December 2019, Mother appeared without an attorney and Trial Court commented on Mother’s parentage petition stating that “the way you wrote it, it was along the lines of, I control everything, I’m the boss, and, you know, I’ll do him a favor and let him see his child.” When Trial Court asked Mother if she was breast-feeding, Trial Court said “don’t . . . lie” and “don’t exaggerate” before Mother answered. Trial Court finally commented “I’m going to side completely with [Father] today, and I think in the future you’re going to have a really hard time, because although I’ve tried to explain it, emotionally—and I understand—you do not feel like he’s an equal parent and you feel like you need to drag this out and make it slow.”

After this hearing, Mother retained counsel. In March of 2020, Mother’s attorney filed a motion to disqualify the judge under California Code of Civil Procedure Section 170.1 [challenge of trial judge for cause] based on purported bias that the judge demonstrated during the first hearing. Trial Court stated that the motion was “almost by definition untimely under these circumstances.” Mother’s attorney responded that she received the

transcript from the December 2019, hearing only a few days ago. Trial Court struck the motion as untimely and during argument on visitation issues during the same hearing, Trial Court stated that Mother’s attorney was not directly answering its questions and warned that, without improvement, they would “start talking about sanctions.”

In July of 2020, Mother submitted a proposed judgment, to which Father objected on the grounds that the proposed judgment contained several errors, including misstatements of Trial Court’s ruling. Trial Court rejected the proposed judgment.

In February 2021, Father filed a trial brief in which he requested Mother pay $7,000 in attorney’s fees pursuant to Family Code Section 271(a) [divorce court may impose fee order based on conduct of party or attorney that furthers or frustrates settlement] due to Mother’s purported unreasonable litigation, including her motion to disqualify the judge, the proposed judgment that contained misstatements of the Trial Court’s ruling, and her general refusal to settle.

At a hearing on February 24, 2021, Trial Court recounted its concerns regarding Mother’s litigation conduct. Regarding Mother’s motion to disqualify the judge, Trial Court commented “[Mother] has the right to believe I was biased. She always has that right, and I can’t sanction her for that . . .. [But] she does not have the right to file late, improperly noticed, and/or out of context motions.” In response to Mother’s attorney’s argument that Father had not properly noticed a motion for sanctions under Family Code Section 271, Trial Court stated “I think I noticed [Mother] for sanctions on my own motion at one of the earlier hearings when things were not proceeding so well . . .. It’s the court’s own motion.”

At a June 21, 2021, hearing, while the parties were discussing their agreement that Father would have video calls with child, Mother interjected that she agreed to use Zoom only and not any other platforms, since Zoom calls may be recorded. When Trial Court inquired why Mother wanted to record these video calls, Mother said she would like to record the calls because she and Father had disagreed in the past about whether certain statements were made. With regard to Mother’s insistence that Father use Zoom, Trial Court stated Mother had a controlling mindset and that although it was prepared to give “just the tiniest sanctions . . . now sanctions are back, thoroughly back, on the table[.]”

In September 2021, Trial Court held a hearing to impose sanctions. At the beginning of the hearing, Trial Court stated that the motion for sanctions has been “noticed, re-noticed, and repeatedly noticed.”

Trial Court again recounted its issues with Mother’s conduct. First, Trial Court stated that Mother’s declaration was misleading and her attempt to prevent Father from having overnights for two years while also limiting his visits to three to four hours at a time was “in and of itself, sanctionable.” Second, Trial Court stated that Mother’s motion to disqualify the judge was untimely and procedurally deficient and “was written out of context in an intentionally inflammatory and dishonest manner.” Third, Trial Court noted the proposed judgment prepared by Mother that Trial Court rejected “because it was replete with errors and omissions[.]” And finally, Trial Court stated that Mother’s request to use only Zoom for video calls was “alarming, outrageous, unbelievable, tone deaf, counterproductive . . .” and that when Trial Court attempted to note its problem with Mother’s request, Mother’s attorney interrupted “in a rude and abrupt manner.” At the conclusion of the hearing, Trial Court sanctioned Mother in the amount of $10,000 and separately sanctioned Mother’s attorney in the amount of $10,000.

Mother appealed and now, a California Court of Appeals has reversed Trial Court’s decision. The Appellate Court has ruled that there is a question whether Family Code Section 271 authorizes a court to issue sanctions on its own motion. The order for sanctions against Mother’s attorney was improper since Family Code Section 271(c) provides that an award of attorney’s fees and costs as a sanction is payable only from the property or income of the party against whom sanction is imposed. Furthermore, Mother’s declarations, her motion to disqualify the judge, her proposed judgment, and her request that Father’s video calls with child take place on Zoom did not constitute sanctionable conduct. Accordingly, the Appellate Court reversed Trial Court’s award of sanctions against Mother and her attorney.

Substituted Service

Unfortunately, in many legal actions including divorce actions, the Respondent or Defendant inaccurately believes that if they avoid service of the legal papers, they can avoid the legal action altogether. In a recent decision, a California Appellate Court has ruled that substantial evidence supports that substituted service was proper where after several attempts to personally serve the Defendant, process server served the co-resident who stated that Defendant was not at home and where Defendant’s name appeared on the community’s directory.

In the case of First American Title Insurance, Company v. Banerjee (decided on December 29, 2022), Plaintiff One, a real estate broker, filed a lawsuit, in 2017, against Defendant One, a rental property company, and Defendant Two, the president and alleged alter ego of Defendant One, for breach of contract. Plaintiff One also included in its complaint a promissory estoppel cause of action against the escrow agent. In its complaint, Plaintiff One alleged Defendants signed a commission agreement in which Plaintiff One was to arrange for a tenant to lease a property owned by Defendant One that would then pay a three percent (3%) commission fee to Plaintiff One if the tenant decided to buy the property. In 2016, the tenant purchased the property in question from Defendant One for approximately $5 million. Plaintiff One demanded the escrow agent (Plaintiff Two) to hold $145,000, which represented the three percent (3%) commission fee, as well as $6,000 in outstanding lease fees. Although Plaintiff Two initially stated it would hold the funds, it ultimately did not pay Plaintiff One.

Plaintiff One served Defendants the Summons and the Complaint through substituted serviced. In the declaration of due diligence, the process server stated that the service was attempted at an address in Pleasanton on six occasions in March 2017. On the final attempt, a person at the Pleasanton address denied knowing either Defendants. The process server then attempted service at a Dublin address on seven occasions. The Dublin address was listed on the California Secretary of State’s website as the mailing address for Defendant One. This residence was in a gated community and the process server was unable to gain access through the gates during the first seven attempts. No one answered the intercom calls, although Defendant Two’s name was listed on the directory. On an eighth attempt at the Dublin address, the process server served the documents by substituted service on a “co-resident” who stated that Defendant Two was not at home. The process server also mailed the documents to the Dublin address.

In June 2017, Trial Court entered default judgments against both Defendants after they failed to file a response to the Complaint.

In July 2017, Plaintiff Two filed a cross-complaint against Defendants for indemnity and contribution. A proof of service indicted that Defendant Two was personally served the Summons and Cross-complaint by a process server in September 2017.

Plaintiff One subsequently settled its claims with Plaintiff Two and assigned its claims against Defendants to Plaintiff Two. In June 2019, Trial Court entered an order substituting Plaintiff Two as the sole plaintiff in the action. Plaintiff Two then filed a request for default judgment against Defendants in December 2019, and Trial Court entered the default judgment against Defendants in May 2020.

In June 2020, Defendants filed a motion to set aside the default and default judgment, arguing (1) the judgment against them was void for failure to state a cause of action against them; (2) the judgment was void because service of the original Summons and Complaint was improper; and (3) the default judgment should be set aside for mistake, inadvertence, surprise, or excusable neglect, pursuant to California Code of Civil Procedure Section 473(b). In support of this argument, Defendant Two submitted a declaration that he did not reside at the Dublin address when the original Summons and Complaint were served by substituted service. Trial Court denied the motion to set aside the default judgment. Defendants appealed, but California Court of Appeals has not affirmed Trial Court’s decision.

The California Court of Appeals has ruled that substantial evidence supports Trial Court’s decision that substituted service was proper. A defendant challenging a default judgment may seek relief through either a direct appeal from the judgment, a motion to set aside the judgment, or a collateral attack on the judgment but “each avenue has . . . limitations on the type of errors that can be addressed”. Pursuant to California Supreme Court decision in Christerson v. French (1919) 180 Cal. 523, a default judgment is not void if the court has jurisdiction of the parties and the subject matter, whether or not the complaint states a cause of action, so long as it apprises defendant of the nature of plaintiff’s demand. In this case, since Defendants chose to attack the default judgment by a motion to set aside the judgment under Code of Civil Procedure Section 473(d), Defendants must demonstrate that the Complaint did not apprise Defendant Two of the nature of Plaintiff One’s demand. To the contrary, Plaintiff One’s Complaint apprised Defendant Two of the nature of its demand to enforce the commission agreement that Defendant Two signed on behalf of Defendant One and that Defendant Two was being sued as an alter ego of Defendant One. Under Appellate Court’s decision in Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, in a direct appeal, appellate court reversed a default judgment against individual defendants because the Complaint did not state a cause of action against them where the Complaint did not plead evidence relating to alter ego liability. In this case, had Defendants directly appealed from the default judgment, rather than filed a motion to set aside the judgment based on Code of Civil Procedure Section 473(d), they could have relied on the reasoning of Vasey to attack the Complaint for failure to state a cause of action. The Appellate Court further stated that it is not bound by and disagrees with the decision in Grappo v. McMills (2017) 11 Cal.App.5th 996, [affirming an order setting aside a default judgment and suggesting judgment was void for failure to state a claim] and, thus, Grappo does not apply. Accordingly, this Court affirmed the order denying the motion to set aside the default and default judgment.

What To Know About A Trial Separation

trial separation

Let’s face it, marriage is not always easy, and the idea of divorce can feel scary and overwhelming. If you are going through a rough marriage patch, you may consider a trial separation before filing for a California divorce. 

A trial separation may be a great solution if you and your spouse agree on a timeline, make your intentions and expectations clear, and understand the rules you will both follow during your time apart.

A trial separation is a personal choice; you must decide if it is a good fit for your marriage. This article will discuss trial separations and the benefits for you and your marriage.

Defining A Trial Separation

When a couple chooses to take space from each other instead of going straight to filing for divorce, it is a trial separation. Often when a couple decides to have a trial separation, one party will leave home altogether.

For those who can’t afford this, the best option is for one spouse to move into a spare bedroom.

It is best that a trial separation isn’t a divorce or even a legal separation and doesn’t have a legal impact on your marriage or property rights. This means that all money earned during your trial separation or acquired property will still be divided according to the state’s property laws if you later divorce.

Benefits Of A Trial Separation

Every marriage is unique, and the benefits of a trial separation may vary from couple to couple. Some expected benefits people experience during a trial separation include the following:

  • You Get Time To Clear Your Head. Sometimes you just need space to clear your mind, and a trial separation allows you to work towards creating reconciliation and work through your marital issues with personal space. You may recognize that you are worried about something else, such as money, instead of what your partner doesn’t do or says. It is essential to take time to identify the real issues in your marriage so that you can work on them.
  • Make An Informed Decision. Getting a divorce is a big decision, and it is critical to avoid filing for a divorce prematurely. When you enter a trial separation, you and your partner can decide if your marital issues are repairable or if you need to file for divorce.
  • Get A Fresh Look. Taking space allows both parties to work through personal issues that could indirectly interfere with your marriage. You may find that friends, family, or a therapist can help give you a fresh look at your marital issues.
  • Get A Taste Of Reality. It allows both parties to feel what it would be like to live apart, from taking care of chores and paying bills or experiencing your social life without your spouse.
  • Opportunity To Grow. A trial separation allows you to gather your feelings and thoughts and improve your communication skills before filing for divorce. It also allows you to identify skills you can improve on, such as household chores, communicating, and caring for children if you have any, and you may come to appreciate your partner more. If you are in an abusive or unhealthy marriage, you may find life easier on your own.
  • You Are Improving Your Perspective. When you and your spouse are always together, it can become a habit only to notice the faults or things that bother you. Spending time apart helps you rediscover the parts of your marriage and your spouse that you appreciate. On the other hand, you could also realize that behaviors or issues that you think are normal are cruel, unsafe, or unhealthy and that you are better off apart.

Create A Trial Separation Agreement

Both parties must be on the same page regarding the timeline, rules, and overall goals for resolving marital issues during your trial separation. Depending on your situation, you need to decide whether you need a written agreement. A written agreement will identify your separation date if your marriage ends in divorce. Generally, it is better to have an agreement in writing.

Is A Trial Separation Right For You and Your Spouse?

There’s no crystal ball to know; however, some common indicators help determine if a trial separation may benefit you and your spouse.

  • The challenges in your marriage are situational tarter than deeply rooted issues
  • Your love for each other remains intact, but you are feeling overwhelmed by your marital issues
  • You trust each other when it comes to financial issues and your children, and there has been no significant breach of trust

If you are experiencing domestic violence, emotional abuse, serial infidelity, or ongoing substance abuse issues, then a trial separation may not be the best solution for you.

Family law is complicated, and it is vital to consider all the issues included, such as child custody and visitation, child support, alimony, spousal support, division of property, and more. Choosing the right divorce lawyer is your first step if you file for divorce in California to help ensure you avoid making big mistakes.

Hire An Expert Divorce Attorney

At Azemika & Azemika, we devote our practice exclusively to family law. Our attorneys are highly skilled and have extensive experience navigating California divorce laws, child support and visitations, adoption, paternity, and more. Whether you are considering a trial separation or a divorce hiring an attorney to help support you during this challenging time will make it significantly less stressful and ensure that your family, your rights, and your assets are protected. Contact us today for a consultation!

Understanding California 730 Evaluation

California 730 evaluation

Going through a California divorce is emotionally challenging for parents and children. Focusing on what is best for your children can help ensure the decisions made around their healthy being are in their best interest.

When two people divorce, other issues may convolute or influence decision-making, and you and your ex-spouse may disagree on how your child’s arrangement should be during or after your divorce.

If you are going through a California divorce and are considering requesting a 730 evaluation or if the judge is ordering one to be completed for your case, it is essential to understand what it entails. Hiring an experienced divorce attorney to help you through the process is vital. We will discuss California 730 evaluations, what they are, their purpose, and what to expect.

What Is A California 730 Evaluation?

California Evidence Code Section 730 authorizes these types of evaluations, and a 730 evaluation is an assessment of your family. You, your spouse, or the judge may request one to look into your or your ex’s parenting practices or mental health. The focus of this evaluation is directly related to what would best support your child and what is in their best interest.

When Is A 730 Evaluation Needed?

When the judge, you, or your ex-spouse believes that your child’s best interest is not being served, the court can order a 730 evaluation. Some of the issues that may trigger this type of investigation include the following:

  • Alleged mental health problems
  • Suspected child abuse
  • Concerns about substance abuse
  • If one parent wants to move out of state and the other parent objects
  • Parental disagreement on child custody
  • Possible parenting practices that could have a negative effect on the child

Who Can Conduct a 730 Evaluation?

The court will appoint a qualified mental health professional to conduct the 730 evaluation. You or your spouse may not choose your evaluator specifically; however, in some cases, the judge will ask each party to submit a list of possible evaluators. The evaluator appointed by the court will be:

  • Social worker
  • Psychiatrist
  • Psychologist
  • Marriage or family therapist; however, if any formal psychological testing is necessary, only a trained psychiatrist or psychologist can perform it.

The evaluator chosen must remain objective and protect confidentiality throughout the entire process. They can only make recommendations about either party once that party is evaluated. The evaluators must always keep the child’s best interests in mind and can’t pressure children to say if they prefer to live with one parent or the other.

Who Pays For A California 730 Evaluation?

It is up to the court to determine who will pay for the 730 evaluation. It can be divided and doesn’t have to be 50/50, or the court can require one party to pay for everything.

What Is The Process Of California 730 Evaluation?

Once the court assigns the evaluator to the case, they will assess the family. They will learn about the children’s relationship with parents and other family members and the children’s living arrangements. The evaluator’s goal is to determine what is in the child’s best interest. The evaluator may take some time to complete the process.

  • Observe interactions between each parent and the children or child, both together and separately. In cases of domestic violence, however, the parents will not be interviewed together
  • Review any documents that relate to child custody
  • Review documents such as police or hospital records
  • Interview family members as well as step-parents, siblings, and step or half-siblings
  • Consult with other experts, including psychologists and psychiatrists for psychological testing

The evaluator will compile all the information into a file to develop a recommendation for the court.

In general, the evaluator can’t communicate with the divorce attorney for any one party without involving both parties. One exception will be if the evaluator needs to schedule an appointment or find out if there is any conflict of interest. However, the court can authorize communication between a court-appointed attorney for the child and the evaluator.

If at any time the evaluator believes a restraining order is necessary to protect one party or the child, they can communicate that also. Social workers, psychiatrists, and psychologists are mandatory reporters; if they know or suspect child abuse or endangerment, they must report it to the authorities.

Questions The Evaluator Can Ask During The Interview

The evaluator can ask questions they find relevant to the investigation during the interview. The questions they ask will help them to assess the case and each parent. What the evaluator is looking for is:

  • Each parent’s ability to respond to their child’s needs
  • Each parent’s ability to set age-appropriate limits for the child
  • How or if the parent works towards resolutions
  • How much each parent is or has been involved in the child’s life, or has taken care of the child in the past
  • Whether or not there has been a history of domestic violence, child abuse, substance abuse, or psychiatric illness by either parent
  • Both parent’s social and psychological functioning

What Happens After A California 730 Evaluation?

The evaluator will the report to the court and must: 

  • Summarize their findings and how long they spent on the evaluation
  • Present all relevant information, even if it doesn’t support the conclusion
  • Describe any limitation in the evaluation that comes from them being unable to get information, whether it is a parent’s failure to cooperate or the circumstances of the interview
  • Make visitation or custody recommendations
  • Provide clear and detailed recommendations that reflect the child’s best interest

What If You Disagree With The Evaluator’s Findings?

A judge will decide on the custody arrangement you and your spouse will have. If you disagree, your attorney can ask the court to appoint another mental health professional to review the evaluation and give testimony about their findings.

Working with your ex-spouse to reach an agreement that serves your child’s best interest will usually avoid having a judge order a California 730 evaluation.

What Is A Mini California 730 Evaluation?

In certain circumstances, 730 evaluations can be minimized and only focus on one issue to speed up the process.

Hire An Experienced Divorce Attorney To Help You

If you are going through a divorce involving children and have questions about California 730 evaluation, hiring an experienced family law attorney is vital. Your attorney can answer any questions and help protect you and your family.

At Azemika & Azemika, we are here to help you navigate the complex legal system of family law and support you in ensuring the best interest of your child and family is our top priority. Our partners have a combined total of over 56 years of experience in family law. We can help you with divorce, child custody and visitation, child support or alimony, adoption, or other family law cases. Contact us today for a consultation!

California Community Property Laws Explained

community property laws

When you are getting a divorce in California, understanding California community property law is essential. During a California divorce, one of the biggest questions that come up is how the property is going to be divided.

Issues such as child custody, visitation, and property division are usually one of the most emotionally challenging aspects of a divorce. Other things like cars, personal property, and homes may have sentimental value, but the most significant emotional connections remain to private property and children.

California is a community property state, which means that usually, property obtained by either spouse during the marriage is equally owned by both parties. In this article, we will talk more about California’s community property law and how it works in practice.

Steps For Dividing Community Property In A California Divorce

Whether you and your partner agree on the division of property or if it is handled in court, there are several essential steps to follow, and a judge has to approve how you’ll divide your property and debts.

Step #1. Is The Property (or Debt) Separate or Community?

Community Property In California

California Family Code 760 states, “except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”

Separate Property In California

California Code 770 includes:

  • Property owned before marriage
  • Property acquired by the individual after marriage by gifts, bequest, descent, or devise
  • Items purchased with or exchanged for separate property
  • Earnings on separate property
  • Any increase in the value of the separate property as long as the property owner can prove the claim with financial records or other documents

Date of Separation

The date of separation may be necessary under some circumstances. It can affect the designation of what is considered community property and is determined by the date that one party has expressed their intent to end the marriage and acts in a way that signifies their intent.

How Can Separate Property Become Community Property

There are two possibilities for change of ownership of community property:

  • Transmutation happens when one spouse changes the classification of property by transfer agreement, and it must be done in writing
  • Commingling happens when one spouse inadvertently combines separate property with marital property. This can only be disputed by providing evidence that it was unintended

Step #2. Assign Values To Community Property or Debt

The spouses or the court determines value if they can’t agree. To assess the value, a judge will look at evidence such as statements, appraisals, expert testimony, and financial disclosures.

Retirements, pensions, or employment benefits 

These accounts may be challenging and require the help of an actuary, CPA, or financial professional. Pensions and retirement plans are usually divided in two ways.

  • Reservation of Jurisdiction, when the court orders that the other party will receive a percentage of the pension check when the spouse retires. The amount is determined by calculating the number of years you were married and dividing it by the number of years the pension recipient was employed.
  • Cash-out is when an actuary determines the present value of the community property. The employed spouse will receive the entire pension plan, and the other party will receive other community property assets of equal value.

Step #3. Division Of Community Property, Assets, and Debts

In California, if no written agreement requiring a specific division of property is present such as a prenup, then community property must be divided equally. The judge will determine the net assets by subtracting the debt from the community property assets. California community property laws don’t require “in kind” division, meaning you have to divide each physical object. It requires that the split be an equal 50/50 of the value of the estate’s assets.

Separate property is the property that the spouse owned before the marriage or received as a gift or inheritance and not divided in the divorce.

Community Debt

All debt accrued during the marriage is community debt and must be divided between both parties. However, it is essential to understand that the divorce order is not binding to creditors who may attempt to collect community debt from either party.

Examples Of Community Property and Equal Division

It is essential to get the advice of an attorney to help determine what community property is and separate property. Identifying potential community properties is complex and can vary from case to case.

  1. Family residence and other real estate acquired while married
  2. Household furniture, appliances, and furnishings purchased during the marriage or with marital funds
  3. Vehicles, boats, motorcycles, etc., may be trickier if acquired before marriage but paid down during the marriage
  4. Bank accounts and accounts with other financial institutions, including brokerage accounts. Even accounts opened before the marriage may be included if marital earnings were deposited 
  5. Cash is community property unless one spouse had it before the marriage, and it is kept separately
  6. Life insurance if both parties purchase the policy with marital earnings or savings; however, it can be complex and requires the advice of an experienced attorney
  7. Retirements and pensions are required to go through a qualified domestic relation called a QDRO
  8. Annuities, retirement accounts, and deferred compensation plans may require a QDRO process similar to other financial accounts
  9. Accounts receivable or unsecured notes for money lent that was community property money will likely be considered community property
  10. Businesses, partnerships, LLCs, and other corporations started during the marriage are community property. However, suppose the spouse began the business before the marriage. 

In that case, it will be determined by 

  • The date the company started
  • If the other spouse contributed time or money 
  • If community money was invested
  • What is the value of the business at the time of marriage
  • The value of the company at the time of divorce. 

This is significantly complex, and hiring an experienced attorney is essential to ensure it is done correctly.

Consider The Tax Effects Of Dividing Community Property In A California Divorce

The court will consider the tax effects of dividing community property in California only when it immediately impacts a party’s taxes. However, you must consider the long-term impact of a gain or loss and the tax effects and consult a tax attorney or planner to discuss the possible tax implications of a community property division.

Hire Attorneys Devoted To Family Law Azemika & Azemika

At Azemika & Azemika, we specialize in the field of family law. We are here to help support you during this challenging time and navigate the complex issues of property division, child custody, visitation, adoption, divorce, and more. Contact us today for a free consultation.

What Are The Advantages Of Uncontested Divorce

uncontested divorce

Uncontested divorce in California has several advantages. While divorce is never an easy choice when both parties can agree on how to divide marital assets, deal with child custody and support issues and handle other family matters, it is a significantly more straightforward process.

California is a no-fault divorce state, and It is essential to understand the laws of a California divorce. There are generally two types of divorce in California: contested and uncontested.

We will examine an uncontested divorce and its advantages and disadvantages to help you understand if it is a good choice for your situation.

What Is An Uncontested Divorce In California?

When two people agree to the terms of their divorce in California, there is no need for a judge to hold a trial.

You can either do your uncontested divorce alone (DIY Divorce) or with the help of a lawyer. If you hire a lawyer, both parties need to hire separate attorneys, as one lawyer can’t represent both of you.

The process for filing an uncontested divorce may vary from state to state. You will need to initiate the divorce by filing a divorce petition, documents proving both parties are aware of, in agreement, and participating in the case, financial affidavits disclosing everything each party has, a settlement agreement, and a proposed judgment. You may be required to attend couples therapy or classes on co-parenting before being granted a divorce, and other paperwork may be required.

Depending on the jurisdiction, your case may be dealt with based upon your paperwork, and you will obtain your judgment in the mail, or you may be required to attend a hearing with your spouse to swear that the divorce paperwork is accurate and true and that you signed it on your own free will.

The Advantages of An Uncontested Divorce

There are several reasons why an uncontested divorce may appeal to you and your partner. However, ensuring that an uncontested divorce is in your best interest is essential.

  • An uncontested divorce is less expensive and faster than a traditional or contested divorce.
  • There is no need for multiple court appearances or a trial which is one of the most significant benefits of an uncontested divorce.
  • The level of conflict between the two parties remains lower, and the relationship can remain more amicable.
  • It is more private, which can be best for you, your partner, and your children if you have any.
  • You are more likely to retain your assets.
  • It is more cost-effective as you avoid more fees for lawyers, account servers, process servers, and the many other financial costs associated with a contested divorce.

When Is An Uncontested Divorce a Bad Idea?

In some situations, an uncontested divorce can create more problems or result in an unfair balance of power, financial gain, or even worse, losing precious time with your children.

  • Domestic Violence Issues. If your partner is abusive, argumentative, or hostile in any way, an uncontested divorce is a terrible idea. Anytime there is a history of domestic violence, emotional abuse, or other disparity in power in your relationship, it usually leads to one person having an advantage over the other party. In this situation, it is ideal to have an experienced divorce attorney to advocate for you to protect your rights.
  • Poor Communication. Be realistic about how well you and your spouse can communicate. When two people can’t talk without a fight, then trying to file for an uncontested divorce is the wrong approach. Difficult communication indicates you must hire an experienced divorce attorney and file for a contested divorce. You want to ensure your rights, family, and assets are protected.
  • Lack of Understanding of California Divorce Law. Even though an uncontested divorce is relatively straightforward, you will still need to read and understand several forms that will include in-depth financial disclosures by each person. Suppose you and your spouse need clarification on California Divorce laws or support filling out the paperwork. In that case, the best idea may be to contact a divorce attorney to ensure everything is done correctly.

Hire An Expert Divorce Attorney

At Azemika & Azemika, we devote practice exclusively to family law. Our attorneys have extensive experience navigating California divorce laws, child support and visitations, adoption, paternity, and more. Whether you are considering an uncontested divorce or a contested divorce, hiring an attorney to help support you during this challenging time will make it significantly less stressful and ensure that your family, your assets, and your rights are protected. Contact us today for a consultation!

How Do You Deal With Divorce Anxiety?

divorce anxiety

Even if you don’t typically have anxiety, going through a divorce is incredibly stressful, and you may find yourself experiencing feelings of anxiety related to your divorce.

Divorce anxiety is relatively common and even expected during this uncertain time. People often experience varying degrees of stress and anxiety due to higher levels of fear, anger and emotional distress, and unpredictability of the future.

Getting a divorce is usually one of life’s major transitions. Below, we will talk about signs of divorce anxiety and ways to help yourself deal with extra stress and anxiety to feel and function better.

Signs of Divorce Anxiety

The symptoms you experience with divorce anxiety may be mental, physical, and emotional. Physical symptoms such as poor sleep, a quick heartbeat, or sweating are shared by many people. Mentally you may find yourself concerned about the future; you may feel overwhelmed or experience a loss of interest in socializing or fun activities. Emotionally you may feel more sensitive or be quicker to react harshly.

Common Feelings and Thoughts During Divorce

As your family transitions into something new and different, some people experience a loss of identity insecurity. If you have children, it may even be that you will only see them half the time. You may have to sell your home and move. Divorce can bring up many feelings, including some that may surprise you. You may experience feelings and thoughts of:

  • Anger and frustration about the divorce process and how things are turning out
  • Loneliness and grieving the end of your marriage, the transitioning of your relationship from companion to co-parent, and possibly even to being combative
  • Embarrassment or shame and feeling as though you have let yourself and other people down
  • The concern about the future and worrying that you will not be able to adjust
  • Worry for your children and how they will deal with the divorce
  • Worry about child custody, child support, and alimony
  • Concerns about California divorce laws and how they will affect you

When going through a divorce, you mourn more than just the loss of your spouse. You’re also mourning the loss of a mutual home, your financial security, mutual friends, and your sense of identity built around being married and who you were with your spouse. You may feel this way even if you initiated the divorce.

9 Ways To Deal With Divorce Anxiety

Finding effective methods to deal with divorce anxiety is essential. Doing so can help you build lifelong skills you can fall back on during challenging times.

1. Grieve

Allowing yourself to grieve is healthy and essential to your mental and emotional health. Make sure you give yourself time and space to process your feelings and acknowledge the challenges of divorce. If you avoid doing this, you may find your feelings resurface later. Leaning on good friends who can give you a supportive ear and a therapist as you go through your divorce is significantly beneficial.

2. Develop A New Routine

Create a new routine and develop healthy habits that you can stick to daily. Ensure that you are eating and sleeping well, and create a rhythm that supports your mental and emotional health.

3. Journal

Beginning a journal or maintaining one if you already keep one is an excellent way to help make sense of your feelings and thoughts. Journaling is the perfect way to work through complex emotional issues.

4. Learn or Do Something New

When you’re going through a divorce, you’re letting go of part of your past. This is the ideal time to take up a new hobby or travel somewhere you’ve always wanted. By switching your focus to the future, you give yourself something to look forward to in your new life. Following your dreams and hope are essential for dealing with anxiety and stress.

5. Exercise

Even though anxiety is a psychological state of mind, it can also develop physical symptoms affecting your appetite, sleep, and overall interest in life. By moving your body, you benefit both mentally and physically, improving your overall health, which will help to alleviate some of your divorce anxiety symptoms. Get outside and move for at least an hour a day in the fresh air.

6. Build A Self-Care System

Self-care looks different for everyone, and it’s a big umbrella under which you make sure you’re doing little things to take care of yourself. This may include taking a bath, turning off your phone, getting a massage, or having a weekly lunch date with a friend. Whatever helps to nurture you and take care of your needs is perfect to put in your self-care toolbox.

7. Practice Gratitude

Whenever your life is stressful or struggling is the perfect time to count your blessings. Start a nightly practice of writing down what you’re grateful for each day, whether it’s in a gratitude journal or you make your gratitude jar. It helps us focus on the good parts that make us happy, not just the challenges in our life.

8. Connecting With Family and Friends

It is the best time to reach out to people you can trust. When going through a divorce, surround yourself with people that can support you, and schedule weekly visits with friends or family doing something fun. Whether you’re going to the movies, a food festival, or an overnight trip to the beach, hanging out with close friends and family goes a long way in helping to turn off the anxiety and stress you are feeling around your divorce.

9. Join A Support Group

Joining a support group or an activity group, whether it’s hiking, running, painting, writing, birdwatching, or even learning to dance, building community is an essential part of thriving through a divorce. Group sites such as meet up, finding a local organization you want to support and volunteer with, or even your local animal shelter provide great opportunities to meet new people. You can also seek a divorce support group to meet other people through the same process.

10. Hire An Expert Family Attorney

The divorce process in California can be complex and overwhelming. Hiring an experienced divorce attorney is essential, and you will ensure that you and your family are protected. A family law attorney can help ensure a proper parenting plan is put in place, fair division of assets and property, alimony, child custody and visitation, and more. Having an attorney you can trust will alleviate a lot of stress and anxiety for you because you have someone watching out for your best interest.

Azemika & Azemika, Devoted To Family Law

At Azemika & Azemika, our law firm’s practice is exclusively devoted to family law. The attorneys at our firm are experts in handling divorce, child custody and visitation, child and spousal support, paternity, adoptions, and abandonment. Located in Bakersfield, California, in Kern County, our primary objective is to provide our clients with knowledgeable, affordable, and aggressive representation. Contact us today for a consultation!