Law Offices of Fredrick S. Cohen

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  • Fax:916-925-7117
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601 University Avenue, Suite 222 Sacramento CA 95825 U.S.A. View Map
FAQs
Q: What is Family Law?

A: Family Law encompasses the following matters:
  • Judgments of Dissolution - terminating your status as a married person
  • Judgments of Parentage - a court's determination that a certain person is the father/mother of your child or that you are the father/mother of a particular child
  • Child Custody and Visitation Orders - for parents who were/are married and for parents who have never been married
  • Grandparents' Rights - for grandparents who want visitation with their grandchildren
  • De facto Parent Rights - for people who have played a significant role in a child's life and want visitation or custody rights
  • Property Division Orders - usually between married people but may include other sorts of relationships (e.g., domestic partners)
  • Child Support Orders
  • Spousal Support Orders - only for people who were/are married
  • Domestic Violence Restraining Orders - for people who were/are married to the abuser, dating or dated the abuser, living with or lived with the abuser, and/or had a child with the abuser
  • Civil Harassment Orders - available to anyone who has experienced a series of annoying acts by another which have caused emotional distress and which do not have any legitimate purpose
  • Domestic Partnership Agreements
  • Prenuptial and Postnuptial Agreements

Q: Legally, what is marriage? How does one get married?

A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The traditional way to marry is to get a marriage license from a state-authorized official, then participate in a formal civil or religious wedding ceremony.

Q: What are the legal grounds for obtaining a dissolution of marriage (a/k/a "divorce")?

A: The grounds for dissolution of marriage depend on the state, and may be based on no-fault or fault. A no-fault dissolution is available in some form in all 50 states; many states also have fault-based grounds as an additional option. A no-fault dissolution is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common bases for no-fault dissolutions are "irreconcilable differences," "irretrievable breakdown" or "incompatibility." Another common basis for no-fault dissolution is that the parties have lived separately for a certain period of time (varies from state to state) with the intent that the separation be permanent. The list of grounds for a fault-based dissolution may include: adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one's spouse with veneral disease.

Q: I am getting divorced. Do I need an attorney?

A: It is ordinarily a good idea to consult with a lawyer about major life events or changes, such as a dissolution of marriage. He will protect your rights, as well as the rights of your children. He keeps current with the laws in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.

Q: How long does it take to get a divorce?

A: It takes a minimum of six months and one day from the time the Respondent is served with the Petition for Dissolution of Marraige and Summons for a divorce to be final, but this does not happen automatically - one must either enter a full Marital Settlement Agreement with the other side or go to trial and get a judgment from the court.

If you want to say you are divorced right at the six months and one day mark, but you need more time to figure out all the other issues (i.e., property division, child custody, etc.), you can bifurcate your case to have your divorce finalized, but leave all other issues in limbo until you either settle or go to trial. You may not want to do this if getting a divorce would terminate the availability of health insurance.

Q: What is a legal separation:

A: Legal separation is much like dissolution except neither party may remarry and certain benefits (such as health insurance) remain in place when they would otherwise not remain available in a dissolution situation. One does not need to meet any residency requirements before filing a Petition for Legal Separation. Except for these differences, legal separation is the same as dissolution.

Q: Who determines how assets are divided in a divorce?

A: Generally, spouses are free to divide their property as they see fit in what is called a "marital settlement agreement," which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. Laws vary from state to state. As a starting point, many stated allow both parties to keep their "nonmarital" or "separate" property.

In dividing marital or community property, the laws vary from state to state. Some states are community property states. Some states, such as California, believe that marital property should be divided equally unless a premarital agreement specifies otherwise. Most states, however, apply the concept of "equitable distribution," which means the court divides the marital property as it thinks fair. That division may be 50-50 or something else. Some of the factors considered include: the amount of nonmarital property each spouse has; each spouse's earning power; services as a homemaker; waste and dissipation; fault; duration of the marriage; and age and health of the parties.

Q: How do courts determine who gets custody of children in a divorce?

A:If the parents cannot agree on custody of their child, the courts decide custody based on "the best interests of the child." Determining the child's best interests involves many factors, no one of which is the most important factor.

Q: What is joint custody?

A: Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training. Other considerations under these types of custody agreements can include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline. Joint physical custody refers to the time spent with each parent. The amount of time is flexible and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents' homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.

Q: How is child support calculated in a divorce or paternity case?

A: All 50 states have adopted child support guidelies. Some states use tables that indicated a support amount for different ranges of income, similar to tax tables. although some states base support on the payor's income, many states use an income shares model, which is based on the income of both parents. Usually, the parent without the child the majority of the time will pay support, but if both parents share time with the child equally, the parent with the greater income usually pays support. The support may be reduced based upon the amount of time the payor spends with the child.


Areas of Practice

  • Arbitration
  • Breach of Contracts
  • Child Custody
  • Child Support
  • Civil Litigation
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Office Hours

Monday08:30 AM - 05:30 PMTuesday08:30 AM - 05:30 PMWednesday08:30 AM - 05:30 PMThursday08:30 AM - 05:30 PMFriday08:30 AM - 05:30 PM

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