Dana Point Family Lawyer

Dana Point Family Attorney

Family law is a broad range of legal concerns that deal with some of the most important aspects of a person’s life. These issues are often challenging from both a legal and emotional aspect, and it’s critical that you find a Dana Point family lawyer who is prepared to address both concerns. With issues as critical to your future as those involved with family law, you should choose someone whom you trust prioritizes your interests and needs throughout every aspect of the process.

At Cianci Law, PC, we’ve made family law our specialty because we believe in the importance of offering expert-level, comprehensive legal help to those faced with these important issues. While giving our clients outstanding legal service, we take care to treat them with the sensitivity and care that they require around these critical issues.

Common Family Law Issues

Family law refers to the set of regulations and laws that are involved with the issue of family dynamics, in particular, the expansion of the family through means such as adoption or surrogacy, as well as the issues that arise when families separate and divorce. Given the central role that these concerns play in a person’s life, they can often be some of the most sensitive issues in the law.

Divorce

Divorce is one of the most significant family law issues, and many other family law subjects are wrapped into the issue of divorce. That’s why, when you are facing a divorce, you’ll want to be sure that your lawyer has a firm command of all of the legal aspects involved. Additionally, your lawyer should also be someone you trust to provide the sensitivity you may require when such serious matters are involved.

The divorce process will usually unfold in one of two ways. One of these, which is preferred by most couples, is to negotiate a separation agreement through something like mediation or a collaborative divorce. This can often give the divorcing spouses more control and influence regarding how these issues will be decided.

Although a judge will need to sign off on any agreement to ensure that it fits within the law, working with the right lawyer can often help produce a document that’s likely to be approved, as well as assist in encouraging a smooth negotiation process.

The other option is for the court to decide the specifics of the divorce. This gives the parties far less control, as a judge will decide based on the facts and arguments made before them. A strong Dana Point divorce lawyer is crucial to ensuring that your side is well-represented should your divorce need to go through this process.

Property Division

Property division can be one of the more complicated aspects of family law and the divorce process in particular. Since California is a community property state, the process is different from that of many other states.

It involves first categorizing all the property that a couple has into separate property and community property. Anything gained during the marriage is considered community property, although there are certain exceptions, like inheritances. Separate property is defined as anything spouses had before their marriage. There may be some dispute regarding what belongs in which categories, as only the community property is divided, and the separate property remains with its respective party.

The community property is then divided on an equitable basis. This does not necessarily mean a 50-50 split, although that often serves as a starting point. However, the specifics of the situation and the facts involved will play a role in determining a fair distribution, even if that doesn’t mean it will be precisely even.

Child Custody

Child custody can be a particularly sensitive subject, as almost every parent wants to spend as much time with their child as they possibly can. As far as the courts are concerned, though, whatever child custody arrangement is decided upon, whether by the court or negotiated by the parents, must be in the child’s best interests.

The two types of child custody are legal and physical custody, and each can be awarded to one or both parents. A Dana Point family lawyer can be critical to arguing for your perspective on this in court or ensuring that a negotiated agreement meets these parameters.

Child Support

Child support in California is largely determined by a complex formula taking in a variety of factors on which to base a decision. However, this can still be a difficult thing to process, particularly for the person paying the child support.

In most situations, it’s the parent who has less time with the child who will be paying support to the other one. This can be difficult, as they can feel like they are paying to have less time with their child. A lawyer can help ease some of the difficulty involved in the process by setting expectations around this issue.

Spousal Support

In most divorces, spousal support is seen as a means of helping a spouse get back into a position of self-sufficiency. This means that it’s meant to be paid for a limited amount of time and allow them the opportunity to seek training and other career advancements. However, in the case of longer marriages, particularly where age and health may prevent someone from reaching self-sufficiency, the arrangement may be more permanent.

Adoption and Surrogacy

One of the most rewarding aspects of family law is the opportunity to work with expanding families. Both adoption and surrogacy are great ways to add children to one’s family. However, in both cases, the legal side can be complex and difficult to navigate.

It’s critical that you have someone to work with who understands the nuances of these processes in order to help you with the necessary legal processes. Whether it’s through crafting surrogacy contracts or ensuring that proper adoption protocol is followed, an adoption lawyer in Dana Point may be essential for your growing family.

Pre & Postnuptial Agreements

A family lawyer can be critical in ensuring that any prenuptial or postnuptial agreements are designed properly and have a strong chance of being accepted as valid if they become necessary. These documents can provide vital protections should a marriage come to an end.

FAQs

Q: Is a Dana Point Family Lawyer Required?

A: In a technical sense, you aren’t required to be represented by a family lawyer in California courts should you have a family law concern. However, there can be some significant risks involved with representing yourself. Family lawyers have a thorough understanding of the relevant law, and your case can benefit from this understanding.

Additionally, their lack of direct involvement means that they can look at the situation objectively when advising you and helping you process such emotionally heavy legal issues.

Q: Are Divorces in California “No Fault?”

A: When someone files for divorce in California, they will not be required to demonstrate that their spouse has committed some act of harm, wrongdoing, or other fault. Instead, as a no-fault state, those petitioning for divorce in California may cite irreconcilable differences as the reason for their divorce.

Q: Once Family Law Court Orders Are Given, Can They be Modified?

A: Certain family law court orders can be modified after they’ve been issued by the court. In most cases, this is desired for something like child custody or child support. However, to be able to get a modification, there must have been a significant change in circumstances that creates a material change warranting modifications like, for instance, a job loss or other change in income. The process of seeking a modification involves petitioning the court for a hearing and then making the case for changes at that hearing.

Q: What Should You Consider When Hiring a Dana Point Family Lawyer?

A: When seeking a Dana Point family lawyer, there are a number of qualities and characteristics you should look for. It’s always critical that you have someone with a strong understanding of the law and how the courts will look at the issue in question. This knowledge can often come from not only study but also experience. Additionally, there can be a significant benefit to working with someone who is sensitive to the emotional side of the concerns as well.

Creative Family Solutions – Family Law Legal Help

Family law issues touch on some of the most important aspects of someone’s life. The importance of these issues, though, can often lead to strong emotions, tension, and potentially contentious situations.

Therefore, when you look for a family lawyer, you should consider choosing someone who understands the emotional stress of the situation in addition to the legal aspects. Someone with relevant experience who can also give clear-minded advice can be critical to helping you manage the circumstances well.

At Cianci Law, PC, we give our clients the kind of service that acknowledges and responds to the difficult nature of family law issues. We pair that compassionate care and sensitivity with expert legal help. Our clients can count on high-quality guidance that respects the importance of the issues we are handling. If you’re searching for this kind of comprehensive help for your family law issue, contact our offices today.