Dissolution of marriage, commonly known as divorce, is what people first think of when they consider legal issues. This is less than surprising since fifty percent of all marriages fail. Husband and wife each need their own attorney to deal with custody of the children and property division. There are, however, other cases for attorneys practicing Family Law Ventura County.
There are cases in which irreconcilable differences do not immediately end in divorce. In California, a couple can obtain a legal separation. Custody is determined and property settlements are made without a divorce. This solution may be used for religious reasons or to maintain insurance coverage among other possibilities.
Custody of the children is one of the most difficult issues to be resolved. The children were almost always awarded to the mother in the past. But now, if both parents are equally qualified to care for them, joint custody is awarded. A compromise agreement is worked out for the children to live with each parent approximately half of the time. A judge makes the decision she thinks is in the best interest of the child.
Property must be divided fairly and the amount of child support must be negotiated. Attorneys usually prefer to settle out of court. This is less stressful and less expensive for each partner. A custody battle often harms the child emotionally and that is reason enough to settle amicably.
An adoption is one of the happiest legal processes. The child is welcomed into a family as their own. He or she lives with them from that day on. He or she has the same rights as a biological child. The clerk of court reads a petition and requests a report from the adoption agency. When the report is submitted to the court, a hearing is scheduled.
Probate issues deal with drafting and filing a last will and testament. After the decedent has passed on, the will is probated. In most cases, one family member will work as executor of the estate. While the attorney takes care of legal details, the executor runs errands such as gathering all financial records, deeds and any other required information. If there is no will on file, things can go awry. If one family member doesn’t inherit what he expected to inherit, he can contest the will. Ordinarily, the money and property are divided among surviving family members unless there are special bequests written into the will. This could be an amount of money or piece of furniture left to a friend.
A court ruling, made by the judge is a legal mandate. However, it is not always the end of the matter. A court of appeals exists. If the litigants want to appeal the decision, they must bring new evidence into play that will contradict the evidence the decision was based on. Then the appeals court judge, who is a different individual than the judge who previously heard the case, will make a ruling. He or she can either uphold or overturn the original decision. The court of appeals is available for matters pertaining to family law Ventura county just as it is to criminal law.
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