Family Law Attorney Midway City

Our Family Law Services in Midway City, CA

• 1. Divorce Attorney in Midway City

  Filing for a divorce can be a difficult decision. Matters complicate extensively if you have children or high net-worth assets involved. It’s important to know the steps and process involved beforehand.

  Before filing for a divorce, you must first meet California’s residency requirements. Either spouse must have lived in California for at least six months before the petition is filed and in the county where the petition is filed for at least three months before filing. Once you file the divorce and serve a copy of the petition to your spouse, you must observe the mandatory waiting period of six months. From here, your divorce can either be contested or uncontested.

  1. Contested Divorce: In a contested divorce, the parties may have unresolved issues regarding property division, alimony, child custody, or support. The court resolves the disputes over multiple hearings, which may result in a complex and time-consuming process.

  2. Uncontested Divorce: Parties to an uncontested divorce reach a mutual agreement over key aspects without the court’s involvement. Typically, uncontested divorces are more straightforward, less time-consuming, and offer a quicker resolution than litigation.

  Whether your divorce is contested or uncontested depends on the complexity of the issues involved and the level of cooperation between the spouses. While uncontested divorces are amicable, a contested divorce may be the only option if disagreements persist. Legal guidance is essential to ensure that you choose the right approach for your situation and legal requirements. Our Midway City family lawyers can guide you through the process.

• 2. Child Custody Lawyer in Midway City

  Divorcing parents having a child must go through court-scheduled mediation before a judge determines their child’s custody. If collaborative methods don’t yield any results, the court will decide based on the best interests of the child. It will consider factors like:

  1. The child’s age, health, and educational needs
  2. Each parent’s ability to provide a safe & nurturing environment to the child
  3. The child’s relationship with each parent
  4. Parental history of substance abuse, violence, or neglect
  5. The child’s preferences

  Based on these factors, the court will decide where the child will live (physical custody) and how important decisions regarding the child’s education, healthcare, religious upbringing, and so forth will be made (legal custody). Custody arrangements range from joint custody to both parents or sole custody to one parent. It may also include supervised or unsupervised visitation by the non-custodial parent.

• 3. Child Support Attorney in Midway City

  A critical component of family law is the financial stability of the child after the parents are no longer together. Once custody is awarded to one parent, the non-custodial parent will be ordered to pay child support, the amount and duration of which depends on a variety of factors, like:

  1. The income & expenses of both parents
  2. The amount of time each parent spends with the child
  3. The child’s educational, healthcare, and other needs, including special needs (if any)
  4. Other discretionary factors

  In most cases, child support is paid on a monthly basis to cover the child’s food, clothing, shelter, and other necessities. Failure to pay child support can result in legal consequences such as wage garnishment, suspension of driver’s license, and even jail time.

  The Midway City child support attorneys at Jos Family Law are committed to delivering an outcome that is right for you and your children. With seasoned & thorough representation, we can protect your parental rights and secure your child’s best interests.

• 4. Spousal Support & Alimony Lawyer in Midway City

  After divorce, one spouse may struggle financially with a diminished standard of living. If the court finds sufficient grounds, it will ask the higher-earning spouse to pay the lower-earning spouse. The amount and duration of alimony will depend on factors like:

  1. Income and current earning capacity of both parties
  2. Standard of living during the marriage
  3. The marketable skills of the supported spouse
  4. The degree to which the supported spouse contributed towards the other’s education or training
  5. Duration of the marriage
  6. Any history of domestic violence of either spouse

  In California, there are two types of spousal support: temporary and permanent. Temporary alimony assists the lower-earning spouse to transition from dependency on their partners to self-sufficiency. This kind of spousal support lasts for a short period of time. Permanent spousal support is awarded to the lower-income spouse indefinitely. However, changes in income of either party or remarriage of the supported party are valid grounds for a modification or termination of spousal support.

  Spousal support can be a heavily contested point in divorce. Whether you want to secure financial assistance or protect what you worked hard to earn, our qualified alimony lawyers in Midway City can help. Attorney Binoye Jos has the experience to obtain the best possible outcome in your case.

• 5. Property Division Lawyer in Midway City

  Since California is a community property state, all marital assets & debts are equally split after divorce. Marital property, or community property, includes all property acquired during the marriage. An exception to this equal division rule is separate property, which includes all property acquired before marriage and after separation and property acquired by gift or inheritance.

  Assets don’t just include tangible items like real estate and vehicles, it also includes bank accounts, retirement funds, stock investments, business interests, intellectual property, art, jewelry, collectibles, and any other investment. The presence of high net-worth assets or commingled assets can significantly complicate the division process. The court may rely on forensic accountants, financial analysts, and appraisers to correctly identify, classify, and value property.

  You can count on the property division lawyers in Midway City to advocate for your financial rights. We will ensure proper identification and valuation of all property, uncover assets your spouse may not have disclosed, and create an equitable division plan that provides and protects what’s truly yours.

• 6. Domestic Violence Restraining Orders

  Domestic violence restraining orders prohibit the abuser from coming near or contacting the victim. A restraining order can be obtained against:

  1. Current or former spouse
  2. Current or former registered domestic partner
  3. Current or former cohabitant
  4. Past or present dating relationships
  5. Parties having children together
  6. Individuals related by blood or marriage

  If there is an imminent and present danger, the victim should call the police and ask for an emergency protective order (EPO). An EPO is granted by a judge upon request from a law enforcement officer. This order lasts for 5-7 days, giving time to the victim to approach the court.

  When the victim files for a protective order with the court, the judge will grant an ex-parte temporary restraining order (TRO) if they believe there are sufficient grounds for it. TROs are granted for up to three weeks until a formal hearing can take place. Both sides present evidence and witness testimonies during the hearing, based on which the judge may issue a final restraining order or lift the TRO. If the final restraining order is granted, it stays in effect for 3-5 years, after which the victim can extend the protection.

  No matter how bad the circumstances, suffering abuse is never okay. If you have a violent spouse, domestic partner, or any other family member, It’s vitally important that you protect yourself and your children by obtaining a restraining order as soon as possible. An order of protection will ensure your safety while we work towards a permanent solution.