FAMILY LAW ATTORNEY SACRAMENTO
SACRAMENTO FAMILY ATTORNEY
Thank you for your interest in my law firm. I have been helping clients and their families for over 18 years. In general my practice covers Sacramento, El Dorado and Placer Countries. I represent clients in all aspects of divorce proceedings including the division of the assets and debts, the sale or division of the family home, the division or buyout of a retirement plan. I can also help you determine the proper amount of spousal support and the duration of the support. If minor children are involved I can represent you in negotiating a fair and equitable custody and visitation plan and calculate child support.
I not only represent clients during the dissolution proceedings but also in post judgment proceedings. After the divorce is final and judgment has been entered I assist clients in setting aside a judgment or modifying a support or custody order. The facts of each case are important and the timing of specific motions can be crucial, particularly in setting aside a judgment. If you wait to long you may be precluded from attacking a judgment.
In addition to my family law expertise I also provide clients with representation in civil litigation, real estate matters and the preparation of wills, trusts and pre-nuptial agreement. My office is conveniently located in Gold River, one block south from the American River Bridge on Sunrise Boulevard just across the street from Bel Air shopping mall.
This may be one of the most difficult times in your life. I will assist you in any way I can to protect you and your family. I will personally review your case and make sure that you understand your options. In order to assist you most efficiently there are 5 areas that my clients can make a difference. They are as follows:
- Identify the facts which may have a bearing on your claim.
- Identify the witnesses that have a direct or indirect (or expert) knowledge of the issues in your case.
- Identify and collect any documents or writings that may assist us in providing your position, e.g. deeds, letters, e-mails, credit card or bank statements, cancelled checks.
- Identify factually incorrect or inconsistent positions in the other site’s arguments/factual positions and conversely;
- Avoid unnecessary inconsistencies in presenting your side of the story.
I endeavor to return my client’s phone calls as soon as possible and if needed, I will meet with you and go over issues and questions. I will make recommendations based on over 18 year experience in representing clients with family law disputes.
Dissolution (divorce) cases generally start when a spouse files a Summons and Petition in the county where they reside. The law requires that to file a dissolution action you must have resided in the State of California for 6 months and the county for 3 months immediately preceding the filing. The person who file is known as the “Petitioner” and the person who is served is known as the “Respondent”. Generally there is little advantage to filing first and the law gives the same rights to either the Petitioner or Respondent.
Legal costs can be a concern and dissolution actions involving property and debt division, custody and visitation or support issues can be expensive. It is not unusual for emotions to run hot and for the other site to be uncooperative. Temporary orders are often needed to maintain the status quo. There are a number of ways to save money and the following are some suggestions:
- Do not make unnecessary phone calls to the office.
- If you have information important to the case you can drop it off at my office with a note or fax it to me so that I can review it when I get a moment.
- Plan your phone calls so that you can summarize your point(s) quickly.
- There may be an opportunity to do some of the legwork yourself.
- Be prepared for when we do get together. Have your documents and information organized. If a declaration is needed I will want to have a written draft from you to work from.
I recommend that my clients keep a log or diary regarding the visitation schedule, or what goes on or is said. This is particularly useful when it comes to preparing a supporting declaration that will be files with the court. By documenting the visitation schedule and conversations you don’t have to solely rely on your memory. You diary can be valuable tool in preparing your case.
Generally after a person is served with the Summons and Petition a Response will be files within 30 days although it is not uncommon for a short continuance to be granted depending upon the circumstances. If needed, an Order To Show Cause will also be filed requesting from the court temporary orders. These orders can involve interim custody and visitation schedules, child or spousal support or use of the family home, stay away or restraining orders. Unless exigent circumstances exist motions are generally scheduled 40-45 days from filing. If true emergencies exist an ex parte motion can be filed to get in front of a judge within 24 hours.
If there is an issue regarding custody or visitation the court requires the parties to attend mediation. The mediation will either be conducted by Family Court Services or by a private mediator. Family Court Services generally allocates 2-3 hours to review your cases and issue a report and this service is free. In private mediation you are able to select and experienced mediator who will be able to spend substantially more time on your case, however, they generally charge by the hour. If you have a more complex or difficult case, I would recommend private mediation. Regardless of which mediation process you take advantage of the mediator will make a recommendation (unless the parties come up with an agreement) and will tender recommendation to the court for consideration.
It is nor unusual for settlement discussions to take place during the course of the case. I will not settle your case until the terms are discusses with you and you agree that the settlement is in your best interest. If settlement is reached I will prepare a Marital Settlement Agreement (“MSA”) for both parties and their attorneys to review. The MSA is like a contract that is incorporated into the judgment. By agreeing to a settlement the parties can avoid going into court and having a Judge decide your future.
Once Judgment is entered you will want to review your will, trust and insurance policies. I can assist you with your review if you wish.
PLACE YOUR TRUST IN AN EXPERIENCED PROFESSIONAL ATTORNEY
DIVORCE & FAMILY LAW CONSULTATION
Call us at
(916) 635-6800
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