Bay Area Family Law



Tuesday, April 10, 2007

Separation Agreement

SEPARATION AGREEMENT - In a marital breakup, a document created by a Vallejo Family Law attorney that outlines the terms of the couple's separation.

So why might you want to have a Vallejo family law attorney draw up a separation contract?
The main reason to get a separation contract is that you can live separate lives without officially getting divorce. You can still get a divorce if you need one, and having a separation contract makes getting a divorce really easy (or at least much easier). Another reason is to get a separation contract is that it's cheaper than settling your differences in court. The reason is that once you've agreed on the document, there's nothing left to fight over. All the issues are resolved in the separation contract that your Vallejo family law attorney created for you. If you need to get a divorce, all you need to do is file a few forms and you're done.

So, it's kind of like a temporary divorce. You can get a Vallejo family law attorney to provide you with a separation contract. It's easy, fast and relatively cheap to do. If you find that you do in fact need a divorce, having an existing separation contract makes the divorce very easy to execute. The Vallejo family law attorney can use the separation contract as a guidebook for how the divorce will be structured.

The provisions of a separation contract created by a Vallejo family law attorney are binding upon both parties. The provisions become binding once the final decree is filed with the courts. It is possible that the court may rule that the contract is unfair. So, you've got the courts on checking up on your Vallejo family law attorney. In most cases, the whole process is pretty streamlined. The Vallejo family law attorney draws up the contract, you and your spouse sign it, and that's it!

Many couples facing irreconcilable difference prefer entering into a separation agreement over a divorce because they expect their marital differences to get resolved over the period. Some choose it as a convenient yet temporary solution to avail themselves of the benefits arising out of joint properties thereby safeguarding against their financial interest. However, they can file for a divorce if they feel they are ready for one.

After getting a judgment from the court the couples can stay separately while enjoying the benefits arising out of joint properties. However, when one of the parties to a separation agreement feels that he/she is ready for a divorce, then he/she can file dissolution of marriage petition before the court.

Bay Area family law offers attorneys services for couples seeking separation agreement in 10 key cities of California such as San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Heyward, Sunnyvale, Concord, Vallejo and Daly City. The attorneys at BAFL have drafted hundreds of separation agreements and therefore, are well-versed with the nuances of separation agreement.

Contact our experienced attorneys from BAFL if you think you are ready for a separation agreement. Log on to www.bayareafamilylaw.com.

Prenuptial Agreement

A prenuptial agreement is a marital agreement defining individual rights and property of each party in a marriage. The importance of this agreement has increased as more and more people are getting married with the realization that many marriages do end up in divorce. A prenuptial agreement is a legal document. If well-drafted, it can ensure that all that you have worked hard for to accumulate before a marriage will remain yours should the marriage end in divorce.

Bay Area family law offers experienced and effective legal services to the clients in 10 key cities of California such as San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Hayward, Sunnyvale, Concord, Vallejo and Dally City. Our attorneys can assist you with prenuptial agreement and ensure that your rights and interested are given the best protection.

The element of “full disclosure’ is critical to the fate of a prenuptial agreement. While drafting this legal contract between spouses or those planning to marry, the full disclosure of assets, debts, income, and other factors should be made. This full disclosure is necessary to unsure that the prenuptial agreement will stand up in the court.

The expert attorneys provided by BAFL know the nuances of prenuptial agreements. They take every relevant detail into consideration while drafting the contract. For instance, certain factors such as property rights, debt division, houses, medical coverage, life insurance, and whether alimony or spousal support will be paid upon divorce should be addressed during the drafting of a prenuptial agreement.

The attorneys at BAFL can best represent your case so that you can save yourself from the future disputes and litigations.

Postnuptial Agreement

Postnuptial agreement is a written legal document singed by parties to a marriage. This legal document assumes paramount importance in the event of parties entering into the divorce agreement. A typical postnuptial agreement consists of factors such division of property between spouses, determination of spousal support, and fees payable to the attorney in future if the marriage ends in divorce. Usually, a postnuptial agreement is entered into by the parties who are not already in the divorce process or after marriage.

A recently conducted survey by the American Academy of Matrimonial Lawyers shows that five out ten of its members have seen a rise in postnuptial agreements. People who are married and want to make their own agreement regarding the distribution of their property, or have had a significant change in their finances will find postnuptial agreement as extremely beneficial to them and their spouse. If they don’t deicide it, then the State of California will, but chances are that they may not like the state’s distribution plans. Hence, it is wise to enter into a postnuptial agreement by the help of an expert and experienced family law attorney.

At Bay Area family law, we have offered attorneys to help people enter into postnuptial agreement. Our family law attorneys have a great deal of knowledge in drafting postnuptial legal documents. We are offering are services in 10 key cities of California such as San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Hayward, Sunnyvale, Concord, Vallejo and Daly City.

To contact a postnuptial agreement expert of BAFL, log on to www.bayareafamilylaw.com.

Making Divorce Litigation Cost-effective

Vallejo divorce attorneys can help you figure out how to settle your case in the most efficient manner possible. They understand that the way to building a thriving practice is to actually help people. Each Vallejo divorce attorney that we work with explores the possibilities of mediation. Mediation might not work for you, but at a cost of under $1,000 for a divorce, it's certainly worth looking into.

A Vallejo divorce that is resolved with mediation is almost always less expensive than a Vallejo divorce trial. Vallejo divorce mediation hastens the resolution of your case, and generally is a more civil way for going about the whole process. It does require that the two of you are still on speaking terms, so it doesn't work for everyone. Not every case can or should be settled without a fight. Vallejo divorce attorney(s) are always ready to go to trial and fight for what a fair resolution if required.

Speaking of which, if you need a Vallejo divorce attorney for a trial, we work with several compassionate, aggressive attorneys. With strong ethical standards, the Vallejo divorce attorneys that we work with strive for an effective solution of your case using the shortest possible time frame.

We do not mediate to our client’s detriment. Each Vallejo divorce attorney recommended by has handled many cases in the bay area. These Vallejo divorce attorney(s) have handled cases involving contested child custody, residential schedules, child support enforcement, debt distribution, and alimony.

Each Vallejo divorce attorney recommended by bay-area-family-law.com has wisdom and emotional intelligence to resolve complex divorce cases. These Vallejo divorce cases can involve liquid assets, family businesses, international citizenship, and appellate cases. The Vallejo divorce attorney works on valuing and dividing property including multi-million dollar estates; cases involving stock options, pensions, 401(k) plans and other employment benefits and investments.

Divorce litigation involves many complex procedures and it takes a proficient and compassionate attorney to make successful representation of clients. At BAFL, our attorneys understand the typicality of each and every case and, they approach each case with utmost dedication. Usually, divorce litigations are complex and expensive affair but, at BAFL we see to it that our clients get a fair and equitable resolution with the minimum possible cost.

Apart from divorce litigation, at Bay Area family law, the other key areas in which our attorneys practice are child support, child custody, distribution of assets, prenuptial agreements, postnuptial agreements, separation agreements and appeals. Bay Area family law has its offices located in 10 key cities of California. They are San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Hayward, Sunnyvale, Concord, Vallejo, and Daly City. Bay Area family law offers solutions both for contested divorce litigation process as well as uncontested divorce process.

If marriages are made in heaven, then they are probably broken in the USA. The increasing number of divorce cases in the USA is only validating this statement. Much to the chagrin of many divorcing couples, they are still not being able to achieve a fair and equitable divorce after spending a fortune on the divorce litigation. Hence, there has been a dire need of professional divorce attorneys in the different regions of the USA.

Responding positively to this emerging demand in the region, Bay Area family law has come up with many effective divorce litigation solutions and support systems to cater to this crying need of divorce couples. BAFL offers effective solutions both for contested divorce litigation and uncontested divorce process.

Besides, the divorce litigation processes are stressful and lengthy; they can potentially frustrate the parties who are already traumatized by marital misery. Our attorneys understand this very well. So, they deal with the clients compassionately to make them feel at ease. This has brought us phenomenal success in the region.

For more information on this emerging divorce solutions provider, visit: www.bayareafamilylaw.com.

A Fair and Equitable Distribution of Assets

In recent years, the use of Vallejo divorce mediation has increased. People are realizing that they probably would be well served to not each spend over $10,000 on a divorce. That's where Vallejo divorce mediation can help. Also, courts have shown a preference for resolving disputes outside of court. Courts prefer Vallejo divorce mediation. It's easier for them, and better for you.

Vallejo divorce mediation means that the parties attempt to negotiate a resolution through the help of a third party neutral family law attorney or other mediator. This Vallejo divorce mediator assists the parties in making agreements in light of the relevant law. It doesn't work for every case, but when possible, Vallejo divorce mediation is usually the best option.

There might be a bit of yelling between you and your spouse, but for the most part, it's all pretty civil. Courts like it too. They find that the solution that you and your partner work out is better than the one that they decide on. So go on, talk to a Vallejo divorce mediation lawyer about it.

In the U.S.A there are two very different divorce standards, equitable distribution and community property. There are currently 10 "community property" states and 41 "equitable distribution" states.

California is a community of property state in which marital assets are distributed equitably among parties. The decision can either be made by a family law judge in divorce court or it can be done by the parties themselves in mediation or collaborative law process. Bay Area family law provides attorney support services through legal professionals who are trained to assist couples both in mediation as well as collaborative law. Our non-attorney services are also effective enough to bring our clients a cost-effective and equitable resolution in the distribution of assets cases.

Keep in mind that the more you know about your state's divorce laws, the more organized you are and the more involved you are in managing your divorce- the better.

Essential things to remember about equitable distribution:

  • Everything you acquired during your marriage is subject to division.
  • You, not the judge, have to prove what assets exist.
  • If you can prove your spouse did away with some assets with divorce in mind, the Court may award you a sum equal in value.
  • If you have educated yourself on the state's laws you can then create, with your attorney, a strategy that will lead you to what you really want.
  • You, as a partner in the marriage, are also responsible for any debts acquired during the marriage.
  • It doesn't matter whose name or money was used to acquire the asset.

Community Property
Only in Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington and Wisconsin will division begin at 50-50 if the marriage ends in divorce. These are the only states that now have community property laws.

Many couples in California who divorce need to work through the division or distribution of their marital assets or property. While doing so it is really important to choose an attorney who can do it perfectly for you. This is because once the agreement relating to the distribution of assets is approved by the court, it is virtually impossible to make modification in the same.

Bay Area family law offers attorney services for distribution of assets in the region. Our attorneys at BAFL have helped many couples achieve a fair and equitable distribution of property. While drawing up an agreement for distribution of assets for the clients, our attorneys take all the key factors that will substantially impact the future of the agreement. Factors such as increase in value of real estate or the tax ramification of a particular decision should be considered while drafting an agreement for distribution of assets as they will affect the agreement in the long-run. The experienced attorneys at BAFL are too meticulous to leave any key factor out while drafting the agreement for distribution of assets.

We can make referrals to financial experts and certified divorce planners who can assist our clients understand the issues relating to complicated property issues such as ownership of a family business, executive compensation packages, pensions, IRA’s, stocks, complex real estate ventures, and other assets which many have long-term tax ramifications.

A Fair Child Support Resolution

Child Support is considered to be one of the most important issues concerning divorce. When the spouses legally separate from each other, the family law ensures that they provide their child with all the supports necessary for his/her living and growth such as education, medical expenses. In other words, the divorcing parents are legally bound to look after their child even after their divorce. According to the family law, the court may order either or both parents to make regular payments towards their child’s living.

The California family law has stated some child support guidelines that are based on each parent’s monthly income, and the amount of time the child is cared for by each parent. There is a complex child support calculation formula involving parenting time, assets, income, and other factors. However, seeking the assistance of a professional child support lawyer will help you a great deal in understanding and ascertaining the amount to be paid by each spouse. Bay Area family law is well-known for offering the best child support services in different cities of California. BAFL is located in 10 major cities of California such as San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Hayward, Sunnyvale, Concord, Vallejo and Dally City.

The child support attorneys provided by Bay Area family law are extremely well-versed and professionally competent to handle any complex child support litigation cases. They have already effectively represented many clients in the child support cases in the region. This invaluable experience has stood them in good stead to understand uniqueness of each new child support case and bring a fair and acceptable resolution for their clients however complex it may seem at the outset.

If you want to contact a child support attorney from Bay Area family law, log on to www.bayareafamilylaw.com.

A Fair Child Custody Resolution

California State family law does not discriminate between fathers and mothers as the law applies equally to all people. There isn't any difference between and man and a woman in the eyes of the court. A good Vallejo divorce lawyers advocates for his/her client’s interests. Both fathers and mothers have parental rights.

The most likely outcome is that your children (if you have them) will spend most of their time with one parent and have liberal visitation with the other parent. If both parents live on the same school/district, it becomes quite easy for the children to spend equal amounts of time with both parents. But, chances are that you're going to move before your divorce is completed. This means for practical purposes, it's difficult to have equal visitation for both parents.

All good Vallejo divorce lawyers will explain that the right to visitation is based part on a theory in constitutional law. This law states that parents have a fundamental right to parent their children. If neither parent is unfit, each parent shall enjoy residential time with the children after a dissolution of marriage. Vallejo divorce lawyers specialize in child custody and residency issues with all its subtleties. So, get a good Vallejo divorce lawyers, but don't worry - it will work out. The issues of child custody come up when the divorcing parents have a minor child. It is very important that both parents maintain a healthy and supportive relationship with their child. However, the issue of child custody often is often contested as most parties are not ready to recede and settle the issues amicably.

A competent and professional child custody attorney will help you your divorce go more smoothly. Bay Area family law offers effective child custody attorney services to couples in California. BAFL operates in San Jose, San Francisco, Oakland, Fremont, Santa Rosa, Hayward, Sunnyvale, Concord, Vallejo and Daly City.

Child custody can often be the most difficult and profound issue when the parents depart from each other and the future of the child is left in the doldrums. It is very important to have a professional child custody lawyer represent you and your child’s interest as the primary actions can have long-term consequences on the proceedings of the case and also on the welfare of your children.