
Family law deals with some of the most personal and challenging issues, like divorce, child custody, and paternity. Since these matters can be extremely emotional, having a dedicated Yuba County family lawyer by your side is essential. At Jennifer Granger, Attorney at Law, we can protect your rights throughout the process of handling any of your family law matters.
If you’re facing family law matters, you do not need to do it alone. At Jennifer Granger, Attorney at Law, we understand the lasting impact that family law cases have on you and your family’s lives. Our law firm can handle all types of family law matters, including:
In Yuba County, 11-13% of the adult population is divorced. Couples often face the decision between legal separation and divorce, based on their situation. In either case, they should seek the support of an experienced family law attorney.
California is a no-fault state, meaning the courts can grant a divorce when the marriage has failed due to irreconcilable differences without requiring any spouse to prove fault first. This allows the couple to move on without having to place blame on one spouse for the breakdown of the marriage.
California does, however, have a mandatory waiting period. After a divorce petition is filed, couples must wait at least six months for the final decree.
Legal separation provides a way for couples to formally address their issues, such as property division and child custody/support, without the finality of divorce. This option is usually taken by people who have religious or financial objections to divorce, or by individuals who use separation as a trial period before seeking a full divorce.
Child custody is often one of the most contentious topics during a divorce or separation. But the court’s primary and overriding goal in every custody decision is what is in the best interests of the child. The judge will look at the child’s age and health, emotional ties to each parent, and each parent’s proven ability to care for the child.
Custody is broken up into two types: legal and physical. Legal custody is who makes the important decisions for the children, like healthcare and education, and physical custody is where the child will live most of the time. These two types can be further broken into joint and sole, with joint being shared and sole meaning one parent only.
Child support is determined after custody is established and is calculated using a guideline formula. This calculation will help ensure that the child’s needs are being met under both parents’ financial situations.
Typically, the parent with the lower income is the recipient of the monthly support payment, which is to be used for the child’s essential needs like food and clothing.
Unlike child support, there is no rigid formula for calculating spousal support (also called alimony). Instead, the court uses a set of statutory factors to determine whether spousal support will be awarded and what would be appropriate.
When making a decision, the court will look at the length of the marriage, the standard of living established during the marriage, and the age and physical/emotional health of each spouse. It is important to note that infidelity has no bearing on whether or how much spousal support is awarded.
Establishing paternity is foundational in family law cases because without it, issues like child support and custody can’t be decided on. In California, this can be quite common, as an estimated 38.7% of all births are to unmarried mothers. On top of that, it secures the child’s access to benefits like Social Security, inheritances, and medical history records.
Jennifer Granger is an experienced family law attorney who has practiced for over twenty years. As a graduate of the University of San Francisco School of Law, she is a member of several legal organizations and serves clients in Nevada, Yuba, Sutter, Placer, Butte, and Sierra Counties.
In California, no-fault divorce means that neither spouse has to prove the other of wrongdoing. Allegations of adultery or other actions will not affect the court’s decision to grant the divorce. The most cited reason for divorce is irreconcilable differences, meaning the marriage has broken down to the point where there is no reasonable possibility of saving it.
Child custody is determined by what is in the best interests of the child. Judges will evaluate the child’s health, safety, and welfare, the nature of their relationship and emotional connections with each parent, and their connections to their home, school, and community. The Yuba County Superior Court will favor arrangements that ensure the children have frequent and continuing contact with both parents.
California uses a guideline formula to calculate child support. The two primary factors that determine the amount are the net disposable income of both parents and the approximate percentage of time each parent spends with their child. This formula also takes into account the number of children, health insurance costs, and other monthly support obligations.
Alimony, also called spousal support, is granted based on the marital standard of living, each spouse’s earning capacity, any assets and debts, and the length of the marriage. If the marriage lasted less than ten years, support can last for half the marriage duration, but if the marriage lasted longer, the court may order a longer period of support. The receiving spouse is still expected to become self-supporting within a reasonable time, no matter how long the marriage lasted.
Facing family difficulties can be overwhelming. If you need legal assistance for your family law matters, contact Jennifer Granger, Attorney at Law, right away. When you hire a family lawyer, you will have an advocate on your side fighting for you and your family’s futures.