Deciding on which Orange County family law attorney is appropriate to represent you can have a significant impact on your life. At O’Leary & Shenasan Law, we offer our clients the guidance and assistance necessary to navigate the challenging circumstances presented by any family law dispute.
Our practice specializes in a wide spectrum of family law issues, from divorce to child support disputes, prenuptial agreement consultations, and more. O’Leary & Shenasan Law is committed to providing exceptional legal counsel and services within a professional and supportive environment.
Our firm provides legal guidance and representation in a range of family law matters, including:
Regardless of the type of family law case you’re facing in Orange County, the lawyers at O’Leary & Shenasan Law are ready for the challenge. By working together on each case, they both lend their extensive legal knowledge and experience to each client. For individualized attention to your family law case, consider the compassionate attorneys at O’Leary & Shenasan Law.
Regardless of your family law matter, it’s vital to know your rights. Family rights in California include a large range of rights and protections that apply to various family-related matters. These rights include:
One of the most difficult aspects of family law cases is the significant amount of time they often take. This can be frustrating no matter what kind of issue you’re dealing with, but especially so when you’re involved in an emergent situation. In these cases, the state does allow proceedings to be moved forward.
Ex parte Is Latin for “from one side” or “on behalf of one party” and is used in various areas of law. In Orange County Family law, ex parte refers to a type of legal procedure or motion that is filed and heard on an expedited basis, typically without the other party being present or receiving prior notice.
These proceedings are typically reserved for urgent situations or emergencies in family law cases where immediate action is necessary to protect the interests of a child or address a pressing issue. These situations may include matters related to:
Ex-parte orders are typically temporary, and a subsequent hearing is scheduled within 21 days to allow the opposing party to present their side of the case and for the court to make a more considered decision.
In Orange County, the court will only consider ex-parte applications if the applicant has provided competent, factual evidence that shows that the applicant or a child is in immediate danger and that ex-parte relief is necessary.
When you have children and are dealing with a family law matter such as divorce or separation, it’s likely that you’ll need to make arrangements for child support. Child support is calculated under California law. Two main factors are used to determine the child support amount: the income of each parent and the percentage of the time the child spends with each parent.
After child support is ordered by the court, the order must be followed. However, child support arrangements can be modified in California if there has been a significant change in circumstances from when the original order was issued. These changes may include:
Spousal support is similar to child support, but it provides for the needs of a lower-income spouse rather than a child. The determination of spousal support in California is guided by state laws and is made on a case-by-case basis. Factors that influence whether or not spousal support will be granted are:
Like child support arrangements, changes in circumstances can also warrant changes in spousal support, and many will end after a certain period of time.
If your family law issue is related to a same-sex relationship, you are afforded the same protections as heterosexual partners. The legal rights and responsibilities in domestic partnerships and same-sex marriages in California are the same as those in opposite-sex marriages.
Same-sex couples who marry have the same legal status, parental rights, access to marital benefits, and access to family courts as opposite-sex couples. Same-sex couples who marry also have the same responsibilities as opposite-sex marriages, such as community property rights, parental responsibilities, and financial obligations.
However, because many same-sex couples lived as married couples before they were legally allowed to marry, there could be complexities relating to things like property division. Child support and custody may also be complicated in certain cases, so having a skilled lawyer is vital.
A prenup is an agreement you can make with your future spouse before your marriage to determine things like property division if you were to get divorced or one spouse were to pass away. While there can be some stigma around prenups because they necessitate contemplating the end of your marriage, in reality, they offer a myriad of benefits.
The advantages of a prenuptial agreement include:
While there are many advantages of prenuptial agreements, they are not for every couple and should be entered into willingly and with full transparency.
When it comes to divorce, California is a no-fault state. This means you can seek a divorce without having to prove that one spouse is at fault, and divorce can be initiated even if one spouse does not want one.
In California, you have the option to initiate divorce or legal separation proceedings for one of the following reasons:
While it’s rare, sometimes, grandparents can be involved in family law cases. In California, grandparents can seek visitation rights under specific circumstances, but it can be a complex process. California law recognizes that it may be in the interests of the child to have a relationship with their grandparents. Grandparents can request visitation rights when these conditions are met:
A: Every case is unique. The most effective way to prepare and understand the costs associated with your case is to work with a knowledgeable Orange County family lawyer who can offer guidance throughout each phase of the process. Normally, family lawyers will charge by the hour or ask for a retainer upfront from which to draw fees as the case progresses.
A: A divorce is officially started when you file a petition for divorce, and then there is a six-month waiting period. The total duration of a divorce in California depends significantly on various factors and unique circumstances, such as:
A: You are not legally required to have a lawyer to represent you in family court in California. While you can represent yourself in family court, you should consider potential disadvantages, such as:
If you’re uncertain about whether you require the services of a lawyer, it’s advisable to seek an initial assessment of your situation from a family law lawyer.
A: California is a community property state, which means property acquired by either spouse during the marriage is generally considered to be jointly owned by both spouses. The property acquired before the marriage or after separation is typically considered separate property and belongs solely to the spouse who acquired it. The division during a divorce can not always be strictly 50/50 but is intended to be just and equal.
O’Leary & Shenasan Law offers guidance to clients across Southern California on various family law issues. Our services extend to individuals in San Bernardino, Orange, Riverside, Los Angeles, and San Diego counties.
Family law cases can be intricate, so don’t face them alone. Let O’Leary & Shenasan Law be your trusted allies in navigating these challenging situations and safeguarding the rights and well-being of you and your family. Contact us online for a consultation or call us at (949) 876-7794.
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