Divorce

Contemplating divorce, deciding to file for divorce, responding to a divorce or filing for divorce all can be extremely stressful moments in our lives. The emotions involved are overwhelming. Navigating through the legal processes alone is grueling. We want to reduce as much of that emotional stress from you and any children involved. Our dedication and knowledge have proven to give you the tools and guidance necessary to find the solution that best fits your family’s needs.

Time Frame

The minimum time requirement for a divorce is six months. Typically, the average time for a divorce from beginning to end is approximately one year. We try to move your case forward with cost-effective strategies that best suit your individual case.

Legal Separation v. Divorce

In California, you have the right to file for a Dissolution of Marriage or Legal Separation. There are a number of reasons why spouses may choose a legal separation over a divorce. Some reasons include religion, health care coverage, or financial concerns. If you are unsure or need some guidance here, we can assist you with making the right decision. We want to make this process as least disruptive as possible for everyone involved.

Domestic Violence

No one should have to endure any type of abuse. Many victims are afraid to speak up and stand up. It is very important to know that abuse is not always necessarily physical abuse. We have dealt with victims who have suffered from stalking, harassment, financial, emotional, mental and psychological abuse. If you and/or your children are being abused, we want to obtain the necessary protection for you and your family. Domestic violence is not to be taken lightly. We are here to help you get that protection.

Often times an alleged perpetrator faces a meritless restraining order. Your defense is important to us. A Restraining Order has serious consequences and can affect your future employment, credit history, and custody where children are involved. If you have been served with a restraining order based on false allegations, we are here to assist. Do not let your voice be unheard.

In general, California family code presumes that an individual charged with domestic violence in the past five years is unable to have joint or sole physical custody of the children. In addition, a partner convicted with any form of domestic violence is unable to receive spousal support. The law is generally favorable to victims of domestic violence in divorce cases; however, you need the skill of a practiced domestic violence lawyer to ensure you and your family are well-taken care of and your rights are protected.

Child Custody

Child custody can be a highly contentious battle that severely affects the entire family, especially the children. We try our very best to find the solution that is in the best interests of the children. The children suffer a great deal of emotional stress during these challenging times. We want to make this process as smooth and efficient for them as well as you. The last thing we want is for this to be a long drawn out process where the emotional tension feels unending. We want to find a beneficial solution that will avoid a high conflict legal battle.

Types of Child Custody

In California, there is a presumption that parents should have joint physical custody of their children, barring exceptions. The Courts are interested in finding a parenting plan that is in the best interests of the children.

There is sole or joint legal custody; and sole or joint physical custody. Sole physical custody means children live with one parent at their residence, with potential visitation rights. Joint physical custody means children live with each parent for a designated amount of time. Legal custody is the right for each parent to decide about their children’s upbringing (i.e. medical treatment, where they live, etc.). Sole legal custody is rare because it puts the care of a child entirely into one spouse’s hands—a situation courts are reluctant to allow unless there are aggravating circumstances.

Child Support

California uses a guideline formula to determine a child support order. There are two primary factors that courts use to determine child support payments: the income of each parent and the time each parent spends with the child. The purpose of child support is to help the parent with greater custody provide the same standard of living to the child as when the parents were together. Other factors can affect a child support agreement such as any history of domestic violence or special needs of a child.

It is important that you have a skilled and knowledgeable attorney on your side to assist with the issues that may arise when determining a child support order. An experienced child support attorney is necessary to protect your rights. At Loeffler Law, we can help you modify a child support order, defend a child support order, or establish a child support order.

Spousal Support

A spouse may be entitled to spousal support or what may also be known as alimony. The purpose of spousal support to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse.

There are two types of spousal support:

• Temporary Spousal Support – A temporary order also known as a Pendite Lite order can be sought pending the final divorce. Typically, the Court will determine a temporary order based on a guideline formula. However, the Court has discretion to deviate from the guideline as it finds appropriate.
• Permanent (Post-Judgment) Spousal Support – This spousal support order begins once your Judgment is entered. The Court will determine post-judgment spousal support based on factors listed under Family Code section 4320. A permanent support award is meant to provide the supported spouse with enough income for his or her basic needs. The permanent support ensures that the supported party will have a lifestyle that remains the same after the divorce.

There are many factors for a Court to consider when determining a spousal support order. An experienced spousal support attorney is necessary to protect your rights. At Loeffler Law, we can help you modify a support order, defend a support order, or establish a support order

Adoption is the taking of a child into a family, creating a parent to child relationship, and giving him or her all the rights and privileges of a natural child, including the right to inherit as if the child were the adopter’s natural child.

Types of Adoption

Stepparent/domestic partner adoption:

• The spouse or domestic partner of the child’s parent adopts that child.
• The couple must be legally married or registered as domestic partners.
• It is the most common type of adoption.
• It is a little simpler than other types because 1 of the child’s birth parents still remains the child’s parent.

An independent, agency, or international adoption:

• Independent adoption is when no adoption agency or the Department of Social Services is part of the adoption case. In these cases, if the existing and adopting parents agree, the parental rights of the existing parents do not have to be terminated (end).
• Agency adoption is when the California Department of Social Services or a licensed adoption agency is part of the adoption case.
• International adoption is when the child to be adopted was born in another country.

In all these three types, the court ends the parental rights of the child’s two birth parents, and the adoptive parents become the children’s legal parents. We have the expertise to guide you through the adoption process that best suits your situation.

Paternity

Establishing paternity is beneficial for everyone involved, especially the child. A mother may want to establish paternity before or after a child’s birth to ensure she can have adequate support for the child. A father may want to establish paternity to ensure he can have his rights to custody. If either a mother or father wish to establish paternity, we have the experience in getting the results your family deserves.

Father’s Rights

For many years, the court system has been viewed as giving mothers more favorable results over fathers. Although many may still believe this to be true, the courts have evolved to more equitable results between mothers and fathers. Father’s rights are recognized to be equally important as that of the mother. We are here to ensure that you are getting the protection you need and most importantly, given the rights as a father that you are entitled to.

Prenuptial Agreements

Having a prenuptial agreement can help in establishing a protected financial foundation before a marriage occurs. California distributes property equally in the case of a split; however, determining what is communal property and what constitutes an equal split is complicated. In order to prevent financial damage, a prenuptial agreement can make sure that all aspects of your marriage are covered and that you are protected. Each case is unique, and we will tailor your agreements to your specific needs.

Modifications

After orders are entered in a divorce, one party may need to modify those orders. Life events happen that may substantially change your circumstances from the time your orders were entered. Some of those life events may include loss wages, promotions, children turning over 18, relocation, retirement, injury, illness, change in custody schedules, remarriage, and cohabitation. Loeffler Law can help you petition the court to change your current orders based on your significant change in circumstances and can also help the party who is contesting such change. It is important for us to protect our client’s best interests and finding the most cost-effective solution.

Enforcement of Orders

A court makes orders after a hearing or trial. An agreement made by the parties is also made an order of the court. If these court orders are violated whether made by the court or by agreement, the party violating the orders is subject to civil and criminal penalties. When one party is not complying with court orders, the party being prejudiced has the right to petition the court to enforce those orders. Our team has petitioned and defended numerous actions involving enforcement of current orders. We strive to make the process as quick and efficient as possible, while still ensuring you are taken care of and your rights protected.

Mediation

Mediation is a confidential process wherein an attorney acts as a neutral mediator between two parties. The mediator does not provide a judgment or advocate for one party or the other. Instead, the mediator facilitates good-faith dialogue. Good mediators are able to quickly identify when and where communication breaks down, resolve those issues, and help spouses come to an agreement that is mutually beneficial.

What are the benefits of mediation?

The benefits of the mediation process:

• Cost-effective
• Reduced stress
• Saving time
• You are determining your own outcome, not a Court

At Loeffler Law, we want to help our clients reach an amicable resolution that will save them time, money, and stress. We will be able to assess your situation to see if you can benefit from mediation in resolving your family law matters.

Property Division

Dividing assets as part of a divorce proceeding can be very stressful and complicated, especially if you have considerable assets or business interests. To help ensure that your property will be divided fairly, seek the assistance of a skilled divorce attorney.

Our firm specializes in complex property division matters. We are dedicated to helping our clients obtain the best possible outcomes from their divorces and property division disputes.

How is Property Divided in California?

California is a community property state. Community property laws, on the other hand, divide marital property right down the middle, regardless of mitigating circumstances.

In California, the parties have the right to agree to their own terms in dividing their property so long as it is fair and reasonable. In cases where parties cannot agree, a judge will order the property divided based on several factors; however, having a knowledgeable family law attorney by your side during the entire process could be the single most important thing you can do for your future. Particularly in cases where you feel your spouse has engaged in dissipation of assets prior to the divorce, your attorney could bring in a forensic accountant to prove you are entitled to a larger share of the property distribution.

Loeffler Law is adept at devising creative strategies as to the division of community property, whether by dividing assets in half, giving different assets of equal value or a cash payment in exchange for a spouse’s community property interest in an asset. The key is to make the best tactical decisions possible. We can help you do that.

Military Law

When one or both spouses are or have been part of the military, a deep understanding of the complex issues facing these families is crucial. We are able to navigate you through the challenges of military law. Our in-depth knowledge of the state and federal laws as well as the military regulations will ensure that your rights will be protected.

The Servicemembers Civil Relief Act (SCRA)

The SCRA covers all active duty service members, reservists and the members of the National Guard while on active duty. The Act is designed to help protect the rights of military members. The primary purpose of the SCRA is to ease legal and financial burdens on military personnel and their families brought on by the demands of active duty. One of the many benefits of The SCRA is that a military member can postpone hearings that will postpone or suspend financial or civil obligations to prevent you from being taken advantage of while on active duty and away from home.

Loeffler Law has helped countless servicemembers and the spouses of servicemembers navigate their cases with our high level of representation.

Adoption

Adoption is the taking of a child into a family, creating a parent to child relationship, and giving him or her all the rights and privileges of a natural child, including the right to inherit as if the child were the adopter’s natural child.

Types of Adoption

Stepparent/domestic partner adoption:

• The spouse or domestic partner of the child’s parent adopts that child.
• The couple must be legally married or registered as domestic partners.
• It is the most common type of adoption.
• It is a little simpler than other types because 1 of the child’s birth parents still remains the child’s parent.

An independent, agency, or international adoption:

• Independent adoption is when no adoption agency or the Department of Social Services is part of the adoption case. In these cases, if the existing and adopting parents agree, the parental rights of the existing parents do not have to be terminated (end).
• Agency adoption is when the California Department of Social Services or a licensed adoption agency is part of the adoption case.
• International adoption is when the child to be adopted was born in another country.

In all these three types, the court ends the parental rights of the child’s two birth parents, and the adoptive parents become the children’s legal parents. We have the expertise to guide you through the adoption process that best suits your situation.