Are You Facing a Family Law Matter in California?

Our San Jose Family Law Attorney Is Here to Help

Picture of happy family

According to the state of California, “family law” refers to any terms, rules and/or relevant court proceedings that concern one or more members of a family. We recommended that you speak with our San Jose family law attorney if you are facing a family law matter in California.

Emotions tend to run high in family situations. It is best to have someone who is not personally involved and is only there to look out for you and your loved ones’ best interests. For more than a decade, Attorney Nick Cvietkovich has represented clients throughout California. It is our promise to bring energy, passion and experience to the table for every case.

What Are Common Types of Family Law Cases?

There are several different areas of family law. The most common areas pertain to divorce, child support and child custody matters.

We understand that family matters tend to be emotional and complicated. Our San Jose family lawyer can answer your questions and help you understand the best legal options for your situation.

Divorce

Are you considering a divorce or legal separation? California only allows “no fault” divorce. This means that either spouse can file for divorce even if the other spouse contests the divorce. In other words, you do not have to prove that your spouse did anything wrong to get divorced. You can simply state that you had irreconcilable differences.

Though seemingly straightforward, the divorce process is complex and often fraught with turmoil. During this time, you and your spouse may need to come to an agreement over many difficult matters. These matters may include child support, child custody, parenting plans and asset division.

Keep in mind that the court may also consider certain factors when dividing property or awarding alimony. We recommend that you have an experienced San Jose divorce lawyer represent you and your best interests.

Child Support

California legislation is very protective of children. The health and wellbeing of every child is on the forefront of a judge’s mind during child support and custody hearings.

Child support is the monthly payment parents make to help cover the costs of raising the children. Typically, the parent who spends the most time with the children (custodial parent) will receive payment from the parent who spends the least amount of time (non-custodial).

Calculating child support is based on California guidelines and a strict mathematical formula. That formula takes into consideration the number of children, the amount of time each parent spends with the children, the parents’ incomes and their tax liabilities. There are also other considerations made for relevant costs, such as child care, healthcare and travel expenses.

When determining child support, the court will take the following into account:

  • Net disposable income. The judge will take into account how much money each parent makes after taxes and other deductions
  • Amount of time each parent spends with the child.

Child Custody

In California, there are two types of custody options. There is physical custody and legal custody. Legal custody refers to a parent’s right to take part in major life decisions, such as healthcare, education or religion. Physical custody refers to a parent’s right to spend physical time caring for their children.

If parents do not agree on joint custody, the courts will intervene and make that decision. Courts favor joint legal and physical custody whenever possible.

Even so, California requires that state judges do what they feel is in the best interest of the child. The judge will make an informed decision based on testimony and presented evidence.

If the child is old enough, then the judge may also consider their wishes. If neither parent is fit for custody, then a family member, such as a grandparent, can be granted custody.

Domestic Violence

The Domestic Violence Prevention Act covers a wide range of domestic violence matters, including spousal abuse and child endangerment. If you are a victim of domestic violence, the law is on your side. During this difficult time, it is important to know where you can turn for help.

Domestic violence encompasses any form of violence, threat or abuse made by a domestic partner. A few examples of domestic violence in California include:

  • Intimidation
  • Stalking
  • Physical abuse
  • Emotional abuse
  • Verbal abuse
  • Sexual abuse

Domestic violence matters can impact spousal support or child custody during divorce proceedings. Domestic violence could also affect division of assets. This is true if the court believes that domestic violence factored into giving one spouse an economic advantage over the other.

Restraining Orders

Restraining orders can provide protections to victims of domestic violence and their families. A restraining order can keep the defendant from a certain property, prevent them from owning a firearm, and can even affect child custody and visitation.

If domestic violence has occurred, the victim may seek a temporary or long-term restraining order. Most restraining orders are granted on a temporary basis. A judge will then review the case and determine if a long-term restraining order is necessary. Generally, restraining orders can last between one to five years.

After issuing a restraining order, the court may make temporary orders about child custody, visitation and support. These orders are not permanent, but the defendant must obey them during this time.

The help of an experienced and skilled San Jose family lawyer can be invaluable during this time. There are many pitfalls associated with restraining order filings and the divorce process. Our family law attorney can make sure your rights are protected every step of the way.

Do I Need a Lawyer for a Family Law Matter?

No matter what life throws your way, a family law attorney can help. It is best to be safe and have a family lawyer present who can verify that your best interests are being met.

Trying to represent yourself in a personal and emotional situation like child custody or divorce is not in your best interest. You need an impartial party who has extensive experience in family law by your side. Our San Jose family lawyer can guide you through court proceedings, explaining every step along the way.

Need Help? Contact Our Family Law Attorney in San Jose Today

If you are unsure whether you want to hire a family law attorney, never fear — you do not have to make the decision yet.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer a free initial consultation. During this consultation, Attorney Nick Cvietkovich will sit down with you to discuss your concerns and answer your questions.

We will give you our advice on how to proceed with the goal of leaving you with a sense of certainty and preparedness to take on your case with confidence. Call us today at (408) 404-8656 or fill out our online contact form.