Riverside County Family Law Attorneys Dedicated To Your Concerns
The law becomes the most personal and complex for you when your family’s interests intersect with it. It can be extremely daunting to look at any family law issue on your own, but you don’t have to. You can get the help of a skilled team of attorneys.
At Cullen Family Law Group, we exclusively practice family law. As a result, we have the experience and legal skills required to represent our clients effectively in all aspects of this broad area. We are lawyers who offer high-quality and personal representation in various areas of family law, as described below.
Divorce
We work to minimize the stress and turmoil of a divorce, especially when children are involved. We have extensive experience in all matters of divorce, including:
- Termination of domestic partnerships: The break-up of a domestic partnership has most of the same issues as those involved in a divorce.
- Contested vs. uncontested divorce: Many of the most challenging (and expensive) aspects of divorce disappear if the parties agree. We focus on making this happen. When it cannot, we handle a contested divorce, taking it to trial when necessary.
- Military divorce: Special rules may apply in family law matters when a party is on active duty in the military. We handle military divorces for members of the armed services and their spouses.
- Property rights (simple and complex): We use our extensive knowledge of California law to ensure our clients are treated fairly in the division of community property.
- Property settlements: We represent our clients effectively during all divorce property settlement negotiations.
- Business valuations and business controllable cash flow: As part of the division of property in a divorce, a business must be properly valuated, including any business cash flow.
- Spousal support/alimony: We have the experience to protect our clients in determining temporary and permanent spousal support.
Our goal is to provide you with the services you need, when you need them. We care about you and your issues and work hard to pursue your goals.
Child Custody And Child Support
Child-related concerns have incredibly high stakes, but we have the skill, experience and confidence to guide you through such complex situations as:
- Child support: We represent clients seeking fair resolution of support disputes, including initial and permanent support orders.
- Wage assignments (collections of support): Our office assists in creating, modifying, and terminating wage assignments.
- Child custody and visitation: We help clients resolve custody and visitation disputes, resulting in orders that represent the best interests of the child(ren).
- Communicating with your children: We encourage our clients to keep lines of communication open and honest with their child(ren) during what can be a very difficult time for them as well.
We work closely with you to understand your goals and hopes for your life with your children. Our top priority is pursuing the outcome that will make the most sense for you.
Modifications And Relocations
When things change, so should your post-divorce decrees. The law allows people to pursue changes in many situations, including:
- Modification of custody and support: When there is a substantial change in circumstances by one of the parties, the Court can change (modify) the current custody and support orders.
- Parental relocations/move-aways: When one parent wants to move away from another parent and take the child, it is probable that the party who is requesting to move with the child must request that the Court allow such a move to take place. The Court cannot stop the party from moving, but it may stop the child from being moved.
We help parents pursue and defend relocation petitions and modifications, no matter their circumstances.
Parental Rights And Guardianships
Establishing parental relationships (often referred to as paternity) creates a legal relationship between a parent and a child. It also confers all legal rights and responsibilities of parenthood. So of the areas we help with include:
- Parental alienation: If you feel you are being alienated from your child, we will work to justly restore your rights as a parent.
- Guardianships: We can provide you with skilled guidance on how to obtain a guardianship and the proper procedures you will need to follow.
- Grandparents’ rights: Under California laws, grandparents can petition for visitation rights. However, recent case law has made this difficult. We can help.
- Stepparent adoptions: We are knowledgeable in local stepparent adoption laws and can assist in representing you.
Building your family is a beautiful goal, and we want to help you.
Mediation And Collaborative Law
Mediation and collaborative law are essential tools for resolving family law issues in a manner that can benefit all parties involved.
Domestic Violence
Domestic violence is not just between husbands and wives. It describes violence between domestic partners, parents and children, siblings, and people in dating relationships.
Family Law FAQ
What is a dissolution of marriage?
There is no fundamental difference between what is called “divorce” in another state and what is called “dissolution of marriage” in California. Both terms refer to the process by which a marriage between parties is terminated, and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined.
Because California is a “no-fault” divorce state, does misconduct by either spouse ever come into play in the court’s final judgment?
Perhaps, in some circumstances. For example, under California law, when making a custody determination, the Court must consider whether there is evidence of domestic violence. Also, determining whether one party will be awarded spousal support may hinge on the issue of a domestic violence conviction. California law also provides that in making a property award, the Court may consider the misappropriation of an asset by one party to the detriment of the other.
What are the requirements for filing a petition for dissolution of marriage in California?
At least one of the parties must have lived in California for at least six months and in the county where the action is filed for at least three months before filing.
Must a parent obtain sole custody to be awarded child support?
No. Depending on financial circumstances, a parent may share legal and physical custody with the other parent and still receive child support based on state guidelines.
Can the provisions in a final dissolution be subsequently changed?
Provisions cannot be changed unless the separation agreement explicitly states that a change can occur, one of the parties commits fraud, or a modification is necessary to correct mistakes in drafting. However, a provision in the law permits modification of spousal support or child support based upon a significant change in circumstances.
California is a community property state; what does that mean?
In a community property state, the property is classified as either community property or separate property. Community property, but not separate property, will be divided equally in a dissolution of marriage. Community property generally includes income or assets acquired during the marriage and while the parties live together. Separate property generally includes property owned by a spouse before marriage and any gifted or inherited property received during the marriage, which was treated as separate property.
What is the difference between spousal support and alimony?
Generally, there is no difference. Spousal support is the term that California law uses to refer to what is called “alimony” or “spousal maintenance” in other states.
What does it mean to have a “pro se divorce?”
“Pro se” or “is a Latin phrase meaning “for oneself.” Hiring an attorney in a family law case is your choice in California. You are not entitled to an attorney by a matter of law like in a criminal case. You may represent yourself in a dissolution of marriage case. However, you may be putting yourself at a severe disadvantage. Most divorces are not straightforward unless there are no marital assets, children, or other joint issues. Given the complexity of the issues, it may be beneficial to employ the services of a professional who is knowledgeable in the law and experienced in the field.
What is a “summary dissolution?”
In California, a marriage may be dissolved by a summary dissolution procedure if all the statutory factors are met. These factors include:
- Either one (or both) of the parties meets the residency requirements.
- Both parties agree that irreconcilable differences have caused the irremediable breakdown of the marriage, that the marriage should be dissolved, and that they wish the marriage to be dissolved.
- Both parties waive their right to appeal or modify the decree of dissolution.
- Both parties waive any rights to spousal support.
- There is an agreement signed by both parties dividing all of the community assets and liabilities/debts.
- The parties have no children between them, and the wife is not currently pregnant.
- The parties were married less than five years before the date the petition was filed.
- Neither party has any interest in real property.
- The parties have not incurred significant amounts of debt during the marriage (this amount fluctuates with the cost of living and other factors)
- The parties’ community property assets are less than the statutory amount (this amount fluctuates with the cost of living and other factors)
- The parties waive any rights to spousal support.
Contact Us Today
Effective representation in family law matters requires a thorough understanding of the law and the ability to respond to families in crisis. We invite you to contact our office today for a confidential consultation with one of our Certified Family Law Specialists in Riverside or Temecula.