2. While the term “Family Law” may be familiar to
most people, they may not be aware of the
different types of family law cases that exist.
Douglas Pinkham, a family law and divorce
attorney based in Orange County, California, has
more than 14 years of both Litigation and
Mediation experience in the handling of family law
matters. Here he discusses different types of
family law issues.
3. Divorce – The most common “family law” matter is
Divorce, or Dissolution of Marriage. Divorce cases
almost always involve the division of assets and
liabilities, determination of spousal support, and
child custody, visitation and child support.
Sometimes, there are issues of domestic violence
and which will seriously affect orders in such
areas as custody, visitation and spousal support.
Divorces can be obtained either by litigation or by
mediation, outside of court.
4. Paternity Case – A “Paternity” case is a case
involving the child of parents that were never
married. A Paternity case must be filed if a parent
seeks child support, or custody and visitation
orders regarding he child of parents that were
never married. Paternity cases are also used to
obtain court orders for custody; visitation and child
support in same-sex cases.
5. Domestic Violence – It is common for issues of
domestic violence to be involved in divorce.
Something as benign as breaking property or
throwing food can constitute Domestic Violence
under California Law. What is not well understood
is how domestic violence affects other aspects of
the divorce process. If you are found to have
committed domestic violence on any person living
in your home, within a 5 year period, child
custody, visitation, and spousal support WILL all
be affected.
6. Child Custody – Child custody can be broken
down into two major categories, “Physical
Custody”, which refers to “who the child primarily
lives with”, and “Legal Custody”, which is the
“right to make decisions” regarding the child’s
“Health Education and Welfare”.
7. Child Support – The issues relating to Child
Support are almost infinite and are specific to the
facts in your case. One clear point is this, the less
time the child or children spend with you, the
more child support you will pay. In California, we
use a computer program to determine child
support, and that calculation can readily be found
on the internet. One caution, this is a computer
program, therefore if you put incorrect numbers
into the calculation, the result will be incorrect.
8. Same-Sex Cases – Same-sex Partner cases are
quite common in Orange County, and Douglas
Pinkham has been involved and represented
many such parties. It may surprise some people
to know that there are virtually no differences in
the issues in a same-sex case than any other.
The division of assets and liabilities, as well as the
other issues regarding the children of the parties
are handled the same as any other divorce.
9. Call Douglas Pinkham for advice regarding any of
the information provided above, or any other
questions you may have.
10. Call Douglas Pinkham for advice regarding any of
the information provided above, or any other
questions you may have.