Solving Complex Family Law Issues with Creative Strategies

Palo Alto Divorce Attorney

Solving Complex Family Law Issues with Creative Strategies

Divorce is a stressful and emotional process. If you are involved in a divorce or are contemplating a divorce, the right legal counsel can help to alleviate the strain on you and your family.

The highly qualified Palo Alto divorce lawyers at Moradi Saslaw are here to expertly guide you through every step of the process. We can explain important California family laws to you and the legal issues you will be confronting. Our goal is to help you have the smoothest divorce possible, whether that means participating in mediation, settling your divorce on favorable terms, choosing a collaborative divorce, or litigating the case so that a judge can resolve pending legal issues. We have a strong record of success in and out of the courtroom.

Call or contact our office in Palo Alto today to discuss bringing your case to a positive resolution. Moradi Saslaw is equipped to handle your divorce case regardless of its issue complexity or asset variability.

Things to Know About Divorce in California

At Moradi Saslaw, we believe that knowledge is power. Some of the most important things that you should know about getting a divorce in California are:

California Residency Requirements for Divorce

California, like all other states, has specific residency requirements for divorce. California mandates one spouse be a resident of the state for at least six months before filing for a divorce. That spouse must reside in the county where they plan to file for a divorce three months before the divorce.

California Is a No-Fault Divorce State

California does not place blame on either spouse for a divorce, and spouses are not required to prove the other is at fault in any way for the divorce. A spouse must only show that there are irreconcilable differences in the marriage for a divorce to be granted.

California’s Waiting Period for a Divorce

There is a mandatory six-month waiting period between filing for a divorce and the date a divorce may be granted by the court. This is not flexible, even if the divorce is agreed upon.

Legal Issues Our Palo Alto Divorce Lawyers Handle

Divorce can be an emotionally challenging time. We are here to help expertly guide you through the legal issues you will be confronting. Our goal is to help you secure the best financial future and have the strongest connection to your children possible. We routinely help clients deal with the following legal matters involved in divorce:

Property Division in a California Divorce

California is a community property state. This means that unless there is a prenuptial or postnuptial agreement stating otherwise, the court will divide the marital property and debts equally. Separate property is not included in the division of property.

Separate property includes:

  • All property owned by the spouse before marriage;
  • All property acquired during the marriage by gift or inheritance; and
  • All rents, issues, and profits are derived from the separate property.

If you are confused about which property is separate and which is community, contact Moradi Saslaw today for a confidential consultation with a knowledgeable Palo Alto CA divorce lawyer.  We are particularly adept in divorces involving high-asset individuals or business owners.

Spousal Support in a California Divorce

When a couple separates or divorces, the court has the power to order spousal. The judge reviews the following factors when considering a spousal support order:

  • The length of the marriage or domestic partnership;
  • The needs of each partner or spouse;
  • The age and health of each party;
  • How much income each one can earn and the earning capacity of each party;
  • Whether one party’s career was affected by unemployment or by taking care of the children at home;
  • Whether one spouse or partner helped the other get an education, training, career, or professional license;
  • Whether there was domestic violence in the marriage or domestic partnership;
  • Debts and property both separate and marital;
  • Whether there are minor children at home and if working outside the home would make it too hard to care for them;
  • The history of the way the couple handled money during the marriage or domestic partnership; and
  • The tax impact of spousal support (federal and state tax law does not recognize domestic partnerships.)

Spousal and domestic partner support ends when:

  • The court order or judgment decrees;
  • When one of the parties dies; or
  • When the receiving spouse remarries.

For help with your spousal support matter, contact Moradi Saslaw and schedule your confidential consultation in Palo Alto now.

Child Custody in a California Divorce

The court does not favor one parent or the other when making a custody determination. All custody decisions are based on the best interests of the child. These include:

  • The health, safety, and welfare of the child;
  • Any history of abuse by one parent or any person in a parent’s home;
  • The nature and amount of contact with both parents; and
  • The habitual or continual illegal use of controlled substances or alcohol by either parent.

Other factors that influence custody decisions are:

  • Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent;
  • If custody is not to be awarded to either parent, then to the person(s) in whose home the child has been living in a wholesome and stable environment; and
  • The person(s) deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

We know that you cherish your relationship with your children and will do everything within our power to fight for you to have a meaningful relationship with your children. We can also help resolve disputes involving moving away, international travel, or multi-jurisdictional litigation.

Let our Palo Alto divorce lawyers guide you through the divorce process. If you would like assistance with your case, give us a call at (415) 625-4587.

Child Support in a California Divorce

California uses statewide guidelines for calculating child support, although parents can come to their own separate agreement if it meets California requirements. The guideline calculation takes the following into account:

  • How much money the parents earn or can earn;
  • How much other income each parent receives;
  • How many children the parents have together;
  • How much time each parent spends with their child(ren);
  • The actual tax filing status of each parent;
  • Support of children from other relationships;
  • Health insurance expenses;
  • Mandatory union dues;
  • Mandatory retirement contributions;
  • The cost of sharing daycare and uninsured healthcare costs; and
  • Other relevant factors.

Any special needs for travel expenses or educational expenses may also be included in child support payments.

It is important to note that the child support guidelines may not apply in cases involving high net worth couples. This is because California’s child support law carves out an exception for parents who earn “extraordinarily high income.” In cases where the amount under the traditional formula would exceed the children’s needs, the parent refuting the application of the guidelines can rebut the presumption that the amount in the guidelines is appropriate in their particular case. Unfortunately, California law does not specifically define “extraordinarily high income,” so courts are left to determine this matter on a case-by-case basis. The court considers the family’s total income, lifestyle, and child-related expenses to determine a fair amount of child support.

On the other hand, the guidelines generally provide for “reasonable” expenses. However, many high-net-worth parents may have associated high expenses they pay for their children, such as:

  • Private school tuition
  • Private tutoring
  • Extracurricular activities
  • Private lessons
  • Travel
  • Au pairs or nannies
  • Vehicles for their children
  • College expenses or contributions to college funds

These expenses can be addressed through the couple’s settlement agreement.

Court-ordered child support typically ends when the child:

  • Marries;
  • Dies;
  • Is emancipated;
  • Turns 18 and is not a full-time high school student; or
  • Turns 19.

If you are concerned about how child support is being calculated in your case or need assistance in establishing why a deviation from the guidelines is or is not appropriate in your case, call or contact our office in Palo Alto today.

How Our Palo Alto CA Divorce Lawyers Can Help

The divorce attorneys at Moradi Saslaw are an invaluable resource during a divorce. In addition to helping you with the legal issues discussed above, our legal team is uniquely equipped to:

  • Able to plan a unique divorce strategy for your circumstances;
  • Reduce your stress by handling all of the legal aspects of your divorce;
  • Ensure costly mistakes and omissions are avoided that could significantly impact your future;
  • Review your divorce documents for accuracy, clarity, and enforceability; and
  • Avoid unnecessary delays or tactics by your spouse that could push back your divorce date.

At Moradi Saslaw, our experienced divorce attorneys want to make your divorce as smooth as possible and bring your case to a positive resolution. When you hire Moradi Saslaw, you will find that our Palo Alto CA divorce lawyers are compassionate and empathetic when guiding you forward through the divorce process. We are also detail-oriented and prepared to negotiate or litigate your case as needed;

We invite you to speak with one of our divorce professionals about your case. Contact Moradi Saslaw and schedule your confidential consultation in Palo Alto now.

Contact an Experienced Palo Alto Divorce Attorney

Filing for divorce in California can be a complex and complicated process. If you are filing for divorce, it’s to your benefit to work with skilled and dedicated attorneys like ours at Moradi Saslaw. We value our clients and place great emphasis on meeting their legal goals and expectations.

Meet with one of our excellent attorneys today to learn the first steps or next steps in your divorce. We can answer your questions regarding California residency requirements, grounds for divorce, and the many ways in which a California divorce can be resolved. Contact us online today.