Our team of Coto de Caza family law attorneys specialize in all areas of family law, with a
particular focus on child custody cases. Hiring an attorney with significant experience in handling
cases similar to yours is crucial to getting a favorable outcome. At Jos Family Law, we know the
nuanced laws and regulations that govern divorce and family law issues in California. Our practice
majorly revolves around:
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Divorce Attorney in Coto de Caza
Most family law cases begin with a divorce. Dissolving a marriage involves complex procedures
dealing with several areas, like child custody, child support, alimony, and asset division.
California does not require grounds for divorce. The spouse wanting to dissolve the marriage
can cite irreconcilable differences, which is the most common ground for a divorce. The only
other ground is the legal incapacity of one spouse to make decisions.
If there are children involved, then the process will move towards child custody, child
visitation, paternity, and child support. Once custody rights and support obligations are
established, the next most important (and heavily litigated) area of divorce is property
division. A Coto de Caza divorce attorney will tell you that California is a community
property state, which means all marital property will be divided equally between the
spouses.
This equitable distribution applies to all assets acquired by the spouses after the date of
marriage and before the date of separation. The divorce petition may also include a request
for spousal support. The court will examine several factors to determine whether alimony is
warranted.
Whether you are prepared to fight in court or avoid trial altogether, our Coto de Caza family
lawyers will represent your interests and advocate for your rights during filing,
negotiations, and trial, as necessary.
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Child Custody Lawyer in Coto de Caza
Child custody is the toughest part of divorce. Its outcome can have serious consequences on
your relationship with your child and their future. The legal standard used by California
courts is in the best interests of the child. If paternity is confirmed, the court will
decide on child custody and visitation issues.
There are two main types of child custody in California: physical custody and legal custody.
Physical custody is where the child resides, and legal custody is the parental right to make
important decisions for the child’s well-being. The court may award sole custody to one
parent, where the child majorly resides with one parent and gets visits by the other. The
primary custodian also gets the authority to make decisions without consulting the other.
Generally, the court will award joint custody, where the child spends an equal time with
both parents, and both parents have an equal say in making decisions.
Whether the court awards joint custody or sole custody depends on what’s in the child’s best
interests. Factors like the child’s age and needs, relationship with both parents, each
parent’s ability to care for the child, and whether any parent has a history of substance
abuse or domestic violence are considered by the court.
Our attorneys will present a compelling case to secure your custody rights. We will bear in
mind your child’s best interests while working out the custody and visitation arrangement.
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Child Support Attorney in Coto de Caza
California law establishes the legal duty of every parent to support their minor children.
This means both parents must share the financial responsibilities of child-rearing.
Typically, child support is paid by the non-custodial parent to the custodial parent.
Child support comes into question after custody has been established. Generally, the
non-custodial parent is obligated to pay child support to the custodial parent. The court
will consider factors like each parent’s income and ability to pay, the number of children,
and the time each parent spends with the child to determine child support.
At Jos Family Law, we can help you reach an agreement or obtain a just and fair order to
establish, contest, or modify child support.
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Spousal Support & Alimony Lawyer in Coto de Caza
Spousal support (alimony) laws in California aim to support the lower-earning spouse for a
reasonable time period. These are structured payments that help both parties maintain the
standard of living as was during the marriage.
Depending on various factors, alimony can be temporary or permanent. Spousal support is
awarded in situations when there is a primary breadwinner in the home. If one spouse had
delayed or given up on their career during the marriage, spousal support laws aim to
compensate that spouse and give them time to re-establish. The court may award temporary
spousal support if it believes the party can re-establish their career. If the court
believes there’s no chance of re-establishing the lost career, it may award permanent
spousal support, which is paid for the lifetime of that spouse.
The spousal support attorneys at Jos Family Law will guide you regarding alimony laws, your
rights, & your options to ensure you are well-informed & protected.
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Asset Division Attorney in Coto de Caza
Asset division is amongst the most complex areas of family law. Being a community property
state, California laws state that all community property acquired during the marriage will
be divided equally between the spouses, or nearly so. We specialize in high net-worth
divorces. Our attorneys will ensure a fair and equitable distribution of marital assets by
identifying community & separate property, uncovering hidden assets, accurately appraising
all property, and advocating for your best interests through the process.
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Domestic Violence Restraining Orders
If you or someone in the household is threatened, harassed, or in immediate danger, you
should immediately speak to an attorney about the possibility of getting a restraining
order. Restraining orders are issued by the court to protect a person from pain, injury, or
threat of injury. In terms of domestic violence, restraining orders are issued against
family or household members, like spouses, parents, roommates, or even fiances and people
who have recently dated.
A restraining order prevents the alleged abuser from further violence and orders them to stay
away from the victim’s physical location (home, school, place of work). A violation of the
restraining order may result in contempt of court charges, the punishment of which may be
fines or even jail time.
Seeking a restraining order in California is a complicated process with multiple steps,
starting from the preparation of appropriate documents. You need to complete and file many
forms, and a Coto de Caza family law attorney can help you with the process. A seasoned
attorney from Jos Family Law can help you take the appropriate action and obtain a
restraining order to ensure both you and your family are well protected.
