Law Offices Of E. John Damasco
There are two primary types of divorce, contested and uncontested. Our attorneys can assist with either type of divorce. In an uncontested divorce both parties are in agreement about many of the issues and choose to avoid going to a trial for disputable issues such as division of community property, child custody and support, and spousal support. In this instance our attorneys will draft a Marital Settlement Agreement which will put the terms that the two parties have agreed upon in a binding document and allow them to avoid a trial.
In the case of a contested divorce, our attorneys stand by you and fight for what is rightfully yours. Our attorneys will speak on your behalf to prove why your terms are better than the other parties and will fight to achieve the terms that you want. Our attorneys will assist you in preparing the paperwork and prepare you for any hearing or trial that may become necessary.
Child Custody and Visitation
Our attorneys will work with you to create a schedule that will allow your children to spend time with you without creating a hardship on them. From deciding what weekdays and times to exchange custody to deciding who will have the kids on holidays our associates will work with you to create a plan that satisfies your needs as well as the children. If there is a disagreement as to the custody percentage our attorneys will prepare you and argue for your rights to spend more time with your children.
California has set guidleines for child support based on custody percentage as well as the respective incomes of the parents. Allow our attorneys to assist in calculating the maximum amount of child support that you should be paying or recieveing and ensure that is the total amount that is paid or recieved.
California takes several factors into consideration when determing who should recieve spousal support. Factors such as length of marriage, the standard of living during the marriage, and the respective income of the parties are all taken into consideration. Allow our attorneys to assist in conveying the different aspects to the judge to help you acheiev your goal. Whether that is maximizing the support that you recieve or attempting to minimize what you need to pay our attorneys can assist in calculating the amounts based on the plethora of factors that the court takes into consideration.
Child Support Arrears
If you had an order for child or spousal support and the other party has failed to comply with the court order then our attorneys can assit you. Our attorneys will file motions with the court to compel the other party to pay not only what is owed but interest as well. If they stil refuse to settle the debt then our attorneys will proceed and work on filing wage garnishments in order to ensure that you recieve the monies that were awarded to you.
Move Away Orders
Once a divorce is finalized and a custody/visitation schedule has been created neither party may move out of the county with the children without a court order. Whether you are trying to move out of the county or you are trying to stop the other party from moving our attorneys can assist you. They can help present your case before a judge as to why you need to move out of the county or as to why the other party moving would be a burden/hardship on the children. In either scenario our attorneys will fight on your behalf.
It is important to protect your assets before getting married. Allow our attorneys to draft a prenuptial which will ensure that your assets obtained before the marriage are secure in case of the unfortunate event that the marriage does not work. While we hope that the marriage is long and successful it is better to prepare for the worst case scenario, which our attorneys can do.