Family Law

Castro Law > Areas of Practice > Family Law

Whether you are considering a divorce, have a support or custody issue, or need help with a step-parent adoption, you need good legal advice and counsel. Call Castro Law today to set a time to talk to one of the attorneys.

Areas for discussion with your attorney regarding your divorce in California.

The list is general and broad in scope so it may not address all possible issues you should consider discussing with your attorney. It is not intended as specific legal advice in your case. Instead, it should be used as a tool to stimulate you to think of issues that need to be discussed as part of a negotiated settlement or in preparation for trial.

Each of these areas of consideration are detailed below

Custody and Visitation
Child Support
Spousal Support
Separate Property Assets
Family Residence and Other Real Property
Division of Personal Property
Division of Retirement and Employment Related Benefits
Business Assets
Division of Debts
Tax Issues
Attorney Fees and Costs
Other Assets and Issues
Domestic-Violence-And-Restraining-Orders

Custody and Visitation

Understanding the meaning of legal custody and physical custody
Developing a day-to-day parenting plan
Addressing a holiday and vacation schedule
Understanding the law on a parent’s right to move with the children
Issues of physical or emotional abuse of the children or a party
Protecting the children and yourself when there is drug or alcohol related abuse
Specific medical, educational, or psychological issues regarding your children
Understanding and preparing you for your Mediation appointment

Child Support

Amount of child support
Term of child support
Allocation of total support between the children
Effect of time-share on support
Child-care and private school expenses
Health insurance and non-covered health care expenses
Extra-ordinary or extra-curricular expenses
College Expenses
Wage assignments
Life Insurance or other security for the payment of support

Spousal Support

Factors taken into consideration in determining spousal supportAmount of spousal support
Term of spousal support
Payment of support through wage assignment
Obligations of supported spouse to work towards becoming self-sufficient
When is Vocational testing or schooling appropriate
C.O.B.R.A. rights – maintenance of health insurance benefits after divorce
Life insurance or other security for the payment of spousal support
Tax effects of spousal support orders
Modification of spousal support orders

Separate Property Assets

Assets owned prior to marriage
Gifts received during the marriage
Inheritances received during the marriage
Documentation you will need to substantiate claims
Effect of putting separate property funds into joint accounts
Effect of transferring title of separate property assets to the community
Rights to reimbursement of separate property funds

Family Residence and Other Real Property

Retaining the family residence
Selling the family residence
Division of timeshare units, rental properties, or vacant land
Right to reimbursement for separate property contributions
Transfer of Titles
Liability on mortgages
Tax effects of division

Division of Personal Property

Household furnishings – methods for valuing and dividing
Vehicles – automobiles; motorcycles, boats, trailers – bluebook values; title and registration; insurance; liability
Bank accounts – checking, savings, CD, etc
Life Insurance- cash value or term; loans against property
Stock/Bonds; valuation; division; and tax basis
IRAs and Other Investment accounts
Easily forgotten assets like Frequent Flyer Miles; Season Tickets

Division of Retirement and Employment Related Benefits

Type of Pensions -Defined Benefits; Defined Contributions, 401K, Stock Savings Plans, TSA accounts
Stock Options – How are they valued and divided?
Stock Purchase Plans
Right to Division of Sick Leave and Vacation Pay
Preparation of Qualified Domestic Relations Orders (Q.D.R.O.s) for the division of retirement plans
Survivor benefits and rights on retirement plans

Business Assets

Type of Business Interest-Sole Proprietorship, Partnership, Limited Partnerships, Corporation
Tangible Assets – Bank Accounts, Equipment, Furnishings, Accounts Receivables
Intangible Assets – Goodwill
Business evaluations and costs
Determination of Community Property Interest
Manner terms, and interest on any buy-out
Security for the payment of any buy-out amount

Division of Debts

Your personal liability on debts
How to relieve yourself of any on-going responsibility for future debts incurred by your spouse
Methods of dividing the community debt equally
Secured and Unsecured debts and creditors rights
Effect of Hold harmless provisions for debts assumed by spouse
Epstein credits for payment of community debts after separation
Separating or establishing your own credit

Tax Issues

How should you file taxes this year and options on tax filing status
Advantages and disadvantages of filing a joint return with your spouse
Right to claim dependency exemptions for children
Taxability of support
Liability for undeclared income of either party
Capital gains issues on the division of assets

Attorney Fees and Costs

Factors considered by Court
Likelihood of an attorney fee order in your case
Type of sanctions and when they are available
Allocation between the parties for expert fees and costs
Manner of payment of fees

Other Assets and Issues

Your rights if you later discover hidden assets
Restoration of Maiden Name
Reimbursement for contribution to educational expenses of one spouse
“Watts” charges for use of a community property asset during separation

Domestic Violence and Restraining Orders

Recent Incidents of physical abuse during the marriage
Recent incident of domestic violence
Types of restraining orders available
When and how to have a spouse removed from the residence
Protection afforded by restraining orders; limitations of orders
List of who should receive a copy of the restraining orders

This information is only an overview of some of the issues relating to issues that should be discussed with a divorce attorney at Castro Law. Our Orange County divorce lawyers can speak with you regarding other factors and law that may apply to your particular case. This is not meant to be specific legal advice in your case.

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