Solving Complex Family Law Issues with Creative Strategies

Oakland Family Law Lawyer

Family law cases are among the most emotionally taxing of those heard in the Oakland legal system. These cases affect not only the participants directly involved in the matter but also extended family and friends. If you are seeking the help of a compassionate Oakland family law attorney to explore your divorce, child custody, child support, or any other family law option, look no further than Moradi Saslaw.

At Moradi Saslaw, our Oakland family law attorneys are:

  • Understanding of the delicate nature of family law cases;
  • Driven to meet your goals both as an individual and as a family; and
  • Protective of your legal rights and emotional boundaries throughout your family law matter.

Discuss your family law case with a skilled family law attorney at Moradi Saslaw in a confidential setting today. We want to stand beside you and help you to resolve your dispute in whatever way best suits your needs, whether that is through a type of mediation or dispute resolution outside of court or through courtroom litigation.

Our Oakland Family Law Attorneys Can Help

You can count on the advice and counsel of the family law attorneys at Moradi Saslaw. We will provide you with the counsel you need when making tough decisions regarding your family and related court actions.

At Moradi Saslaw, our family law attorneys want to do the following and more for you:

  • Ensure you understand your rights in relation to property division, child support, alimony, and child custody;
  • Aggressively defend you in negotiations or at trial; and
  • Protect you as a parent.

Our family law attorneys provide you with the information necessary to understand your situation and the laws that impact you. Call or contact Moradi Saslaw to speak with an experienced family law attorney about your case.

Parenting Issues in California Family Law

Children and their ability to grow up in a safe, supportive environment are primary issues in family law.

Parenting issues in family law may include any of the following matters:

  • Custody;
  • Child support;
  • Visitation;
  • Guardianship; and
  • Adoption.

Child Custody and Visitation in California

In California, courts make child custody and visitation judgments based on the best interest of the child. This includes the health, safety, and welfare of the child and encouragement of frequent contact between parent and the child. While the court will decide on a custody and visitation arrangement for parents who cannot agree to their own, they prefer when parents can create their own child custody agreements.

The court starts with the presumption that joint custody is best for the child unless proven otherwise. This does not necessarily mean the couple shares 50/50 time or decision-making power regarding the child. The split in decision-making authority or residence need not be equal.

There are times joint custody is not in the best interest of the child. When this occurs, the court will make another type of custody arrangement for the child that allows for appropriate visitation with the other parent.

Divorce, Property Division, and Alimony in California

After children, divorce is a primary concern for many seeking the help of a family law attorney. A family law attorney will offer advice and options as to the following:

  • Residency requirements;
  • Property division;
  • Debt division;
  • Spousal support or alimony; and
  • Separate versus community property.

Residency Requirements for Divorce in California

California has specific residency requirements for divorce. One spouse must reside in California for six months prior to filing for divorce. That same spouse needs to reside in the county in which they file for at least three months before their filing in that county.

Property Division in California

California is a community property state. This means that all property acquired by a married person during their marriage is community property. This includes, but is not limited to, real property, personal property, and income or wages from employment.

In a community property state, marital assets and debts are subject to an equal division. Only separate property is exempt. Separate property is any property owned by a spouse prior to marriage or registration of a domestic partnership.

Separate property includes inheritance and gifts only to one spouse. Rents, profits, and other monies earned from separate property are also separate property, as is new property purchased with separate property.

When the property is part community property and part separate property, it is called commingled property. This type of property can be extremely difficult to separate and require the assistance of experienced California divorce attorneys or financial experts.

Spousal Support in California

Spousal support in California is based on several factors. Utmost is one spouse’s need and the other spouse’s ability to pay. If either of these is non-existent, there will be no spousal support order.

Spousal support may be temporary or permanent. Temporary support is only ordered for the pendency of the divorce proceeding. Permanent spousal support is the term used for support orders put in place at the time of the final divorce decree.

Spousal support ends when either spouse dies, remarries, or the court orders payments to stop. While the time of spousal support payments depends on a number of factors, the length of the marriage plays a large part.

For couples married less than ten years, the spousal support award is generally half of the duration of the marriage. For those married longer than ten years, judges are not permitted to set an end date for support payments. Rather there are factors that determine when support payments will terminate.

Contact an Experienced Oakland Family Law Attorney

These are only a sample of the matters that fall under the realm of family law. At Moradi Saslaw, we want to help you navigate your family law issues in a way that best suits you and your family’s needs. Call or contact us online to schedule an appointment with an experienced Oakland and San Francisco family law attorney to address your questions regarding California family law and receive honest, workable answers.

Moradi Saslaw is equipped to handle even the most complex family law issues, including complex assets and high net worth divorces. You can rely on our legal team to fight to exceed your expectations.