At DiJulio Law Group we are committed to providing quality legal services that minimize the financial and emotional burdens of the legal process for our family law clients.
Divorce and Marriage Dissolution
Our attorneys provide representation in complex contested divorce matters as well as in uncontested divorce matters, from inception to completion of the case. Our objective is to provide a fast and fair resolution to your divorce or marriage dissolution by fully informing you of both your rights and responsibilities arising under California law and by providing tailored solutions for the multiple issues that could arise during marriage dissolution, including dividing the community property estate, child custody and visitation rights, paternity, child support and spousal support.
Our attorneys have expertise in negotiating and drafting prenuptial agreements to satisfy your needs. Prenuptial Agreements serve various purposes including: maintaining separate property characterization of specific assets, altering characterization of joint assets, distribution of debts liability, joint use of property, shared use of funds or bank accounts, waiving spousal support, and maintaining or changing the obligations of the spouses that arose before their marriage.
Paternity cases and disputes may arise when a mother is seeking to establish paternity to obtain custody or to collect child support or when a father is seeking to assert parental rights or custody.
Our attorneys will assist you with obtaining DNA evidence to prove or disprove paternity and in collecting or defending against support payments.
Child custody, visitation rights and child support
There are two types of child custody in California: Legal Custody and Physical Custody. Legal custody determines which parent can make important decisions concerning the child’s health, safety, education and welfare. Sole legal custody means that only one parent has the right and responsibility to unilaterally make decisions for the child. Joint legal custody means that both parents must share the decision-making process in the best interest of the child. Most commonly, courts prefer to award joint legal custody of the child, absent a compelling reason not to order joint legal custody.
Physical custody determines time sharing of the child with each parent. Physical custody is typically joint or shared. An equal timeshare is not required. In most cases, the parents are able to work out an arrangement for physical custody that works best for the children. If the parents are unable to agree on a common plan, the court will get involved to determine the best timesharing schedule for them and the child.
Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis. Visitation can be unsupervised, supervised or virtual. Under California law, grandparents are also entitled to petition the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to:
- Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond” so that visitation is in best interest of the grandchild.
- Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
Child support refers to the equal obligation of both parents to provide support to their minor child “in the manner suitable to the child’s circumstances.” California law requires parents to provide for their offspring up until the child reaches 19 years of age, but courts will enforce an agreement between the mother and the father for continued support of an adult child. If the child is incapacitated, there is no maximum-age ceiling limiting the parents’ duty.
Our attorneys will work with you to reach a solution that is in the best interest of the child.
Under California law, spousal support is a court order addressed to one spouse to pay the other a certain amount of money each month for a certain length of time. Both husbands and wives may be entitled to spousal support, depending on the parties’ financial circumstances and income. Where there is a variance in the earning capacity of one partner from the other, the person who earns less may wish to seek spousal support from the other person.
Spousal support helps the lesser earning spouse’s transition after a divorce or separation. Spousal support can be modified or terminated so long as the original order granting support does not contain language stating that the support is non-modifiable.
Our skilled legal advocates will help you achieve optimal results when it comes to controversial alimony issues.
Domestic partnership includes registered same-sex couples and other unmarried registered couples who cohabitate. If you are in a domestic partnership and are facing a dispute involving custody or dissolution of the relationship, our attorneys can help you assert your rights.