Family Law
Rechsteiner Law is a professional corporation and is an active part of the Southern California legal community. Rechsteiner Law advises and represents clients in all areas of California Family Law including, but not limited to:.
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The firm practices Family Law with integrity, compassion and competence. As your attorney, Mr. Rechsteiner will help you make the decisions that are best for you and your family.
The breakdown of a marriage is likely one of the most stressful times in a person's life, and divorce is a daunting task to undertake alone. An attorney experienced in California family law can guide you, professionally yet compassionately, through this often-difficult time. If you are contemplating dissolution of marriage, call an attorney today. Many individuals experiencing divorce find themselves so involved in the emotional and psychological aspects of the breakup of their family that they are unable to focus on the fact that the process of dissolution of marriage is a legal process. It is wise for parties to have a working knowledge of the legal issues involved in the divorce to avoid being overwhelmed by the emotional aspects. An experienced California dissolution of marriage lawyer will work to protect your legal interests, allowing you to focus on yourself and your family.
In California, before making an order dissolving a marriage relationship, a judge must address the following legal issues: jurisdiction and grounds, spousal support, property division, and, if there are children, custody, visitation, and child support. Each of these issues have many sub-issues which are resolved on a case-by-case basis in accordance with California statutes and case law.
- Residency Requirements
California law requires that at least one of the parties has lived in the state for at least 6 months and in the county where the case is filed for at least 3 months prior to filing
- Grounds
Because California is a so-called no-fault divorce state, the only determination the court must make regarding grounds is that the parties have irreconcilable differences or that one of the spouses has incurable insanity.
Under California law, the court must consider a number of factors in determining whether, what duration, and how much one spouse will be required to pay towards the support of the other spouse. Some factors are objective such as the age, education, and ability of each spouse to be self-supporting. Other factors are less objective such as whether there are convictions for acts of domestic violence by one spouse towards the other, whether either party is cohabiting with a person of the opposite sex, and such other factors specific to the case that the court determines just and equitable.
California is a community property state. In a community property state, property is classified as either community property or separate property. Community property is everything that a husband and wife own together from the start of their marriage until the date they separate. Generally, community property includes all income and assets that either spouse acquired during the marriage.
Separate property is anything the husband or wife owns separately, such as property owned before the marriage, gifts or inheritances received during the marriage and maintained as separate property, and post separation earnings.
Because classification of property and its division can become one of the most contentious issues in a divorce, seek the advice and assistance of a California dissolution of marriage attorney familiar with the particulars of California community property law. Mr. Rechsteiner has the experience to help you.
California law requires family law judges to consider the best interests of the child in making any determination regarding custody and visitation. California law also presumes that joint legal custody is in the best interests of the child, with the exception of cases involving domestic violence. Child custody matters can become emotionally charged to the detriment of both the parents and children involved. Because this is so, if you and your spouse have a dispute over custody of your children, obtain the guidance of an attorney well versed in California child custody matters, like that of Mr. Rechsteiner.
California child support guidelines include a complicated formula used to calculate which parent, if either, shall pay child support. The guidelines are presumptively fair and equitable and take into account several factors, including the general standard of living in the state, the cost of raising children in the state, both parents' income and resources, as well as other factors. If a judge deviates from the guidelines, specific reasons for the deviation must be set forth in the child support order. Child support matters are often contentious.
Effective 2011, your ability to retain counsel has improved by reason of legislation that becomes effective on January 1. Most importantly judges are now required to consider two new layers in evaluating whether to order one party to contribute attorney fees to the other, or to make money otherwise available for that purpose:
- Whether there is a "disparity in access to funds to retain counsel" that justified an order to help the "out" spouse and
- a requirement that attorney fees be awarded "early on" in the proceedings.
- the ability of each party to pay attorney fees to the other party or to their own attorney;
- the relative financial needs of each party;
- relative disparity of access to funds; and
- conduct by either party that justifies awarding attorney fees to sanction bad behavior.
In all cases the relative financial circumstances of the parties must be evaluated, which includes looking at what assets each party controls as well as their respective income streams.
At the moment you file for a Dissolution or Legal Separation certain "automatic temporary restraining orders" (ATRO's) go into effect. They are contained in the Summons. When the other party is served with the Summons and the Petition, they likewise become bound by them. It doesn't matter whether you or they actually read them.
Family Code § 2040 spells out the ATRO's. These prohibit either party from taking certain actions that might damage the other's economic interests. Among these statutory restrictions is an injunction that neither spouse or domestic partner may transfer, encumber, conceal, or dispose of any property without the written consent of the other party, or a court order. ATRO's apply to the community property and to what you believe to be your separate property, equally.
FC section 2040(2) contains an exception relating to using community or separate funds (including the other party's separate assets or credit) for fees. It states: "nothing in this restraining order shall preclude a party from using ... property to pay reasonable attorney's fees and costs in order to retain legal counsel in the proceeding."
There is an obligation to account for those funds at some point in the future. You may or may not be charged for them on the marital balance sheet, or you may have an obligation downstream to reimburse some or all of them to the other party. But you can use funds or borrow money to hire your divorce lawyer at once. You do not need to tell your ex-partner first.
Reaching the decision to end your marriage is tremendously difficult. Given the complicated and emotional issues with which you are faced in the process, the best advice is to work with an experienced California family law attorney. As your attorney, Mr. Rechsteiner can ease your stress as you move through this emotional legal process.
This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.