STOCKTON FAMILY LAWYER
Skilled Family Lawyers Providing Solutions-Focused Representation in Stockton and Throughout Central California
A conflict between family members can be stressful and emotionally draining. The dynamics of every situation are different—whether you are preparing for divorce or you are involved in a disagreement about custody or visitation. These issues should always be handled with the highest degree of professionalism and sensitivity. While collaborative solutions to family law disputes generally work best, your rights and interests should never be forced to take a backseat.
At Carrillo Law Center, our Stockton family law attorneys provide compassionate, solutions-driven guidance to people going through divorce, custody disputes, and other family matters. If you are looking to find a family law lawyer, we are more than ready to help you find the best path forward. For a strictly private initial consultation with a California family law attorney, please do not hesitate to call our Stockton law office at (209) 900-2100 or to reach out to us directly online.
A Full Service Family Law Firm Providing Reliable Representation in Central California
As common as divorce is—somewhere between 40 and 50 percent of U.S. marriages end in divorce—going through one is never easy. Even when both partners agree that it is time to separate, divorce is still emotionally and logistically challenging. Here are four important things to know about the divorce laws in California:
California is a no-fault divorce state. Neither spouse needs to prove wrongdoing by the other to qualify for a divorce. You have a right to separate on the grounds of irreconcilable differences.
There is a residency requirement to get divorced in California. Either you or your spouse must have lived in the state for at least six months prior to filing to end the marriage. You should file in a county of residency. To file for divorce in San Joaquin, one or both spouses must have lived in the county for at least three months.
California is a community property state. Under the California Family Code, a couple’s marital property is “community property”—meaning it is equally owned by both partners and should be divided in a 50-50 manner.
There are some exceptions to the community property rules. In practice, splitting property in a divorce is not always as simple as it seems. Some assets, such as premarital separate property or inheritance, are owned by one partner.
Navigating the divorce procedures can be challenging. At Carrillo Law Center, we have deep experience representing clients in both contested and uncontested divorce cases. If you have any questions about ending a marriage, please do not hesitate to contact our Stockton, CA divorce attorneys for immediate help.
Also referred to as alimony and spousal maintenance, spousal support is payment made by the financially advantaged spouse to their more financially vulnerable former partner. In California, spousal support is not guaranteed. While it can be awarded when circumstances warrant, California courts are not required to grant spousal support. There are several different types of spousal support recognized in California, including:
Alimony Pendente Lite (Temporary): In some cases, there is a significant gap between the date when a divorce is filed and when it is finalized. Alimony pendente lite is a form of temporary spousal support that can be awarded to cover this period.
Rehabilitative Alimony: Rehabilitative spousal support is designed to help the financially vulnerable partner get back on their feet or obtain new educational/job skills. As an example, rehabilitative alimony may be awarded to help a person get a degree after a divorce.
Permanent Alimony: Typically only awarded after the end of a long-term marriage, permanent alimony is better thought of as “indefinite” alimony and is designed to last for the long haul. There is no pre-set end date.
Reimbursement Alimony: Unique to California, reimbursement alimony allows one spouse to seek a financial reimbursement for contributions that they made support their partner’s education/career.
California courts will consider many different factors when determining how much, if any, alimony is appropriate in a given case. Notable factors include the length of the marriage, the future financial outlook of each party, and the standard of living during the relationship. If you have questions or concerns about spousal support/alimony, reach out to our family attorney in Stockton for a confidential review of your case.
Child Custody & Child VIsitation
For parents of young kids, going through a divorce or separation is especially difficult. It is important that you have a solid grasp of California’s child custody and child visitation laws. Our state uses the ‘best interests of the child’ legal standard to resolve custody and visitation disputes. Under Cal. Fam. Code § 3080, courts will consider many factors in determining what is in the best interests of the child. Some notable factors include:
Each parent’s prior relationship with the child;
Each parent’s ability to work cooperatively;
The household stability that each parent is able to maintain;
Any history of child abuse, spousal abuse, or misconduct;
If old enough (usually 13 or older), the child’s preferences; and
Any other factor deemed relevant.
We know that going through a custody or visitation conflict is never easy for parents. At Carrillo Law Center, our Stockton family law attorneys are here to help you navigate California state law so that you can reach the best resolution. To get help with your case, please contact our California child custody lawyer today.
In California, parents have a legal responsibility to provide financial support to their child. The custodial parent may be owed child support by the non-custodial parent. California has predetermined child support guidelines. While it is appropriate to deviate from the child support guidelines in some cases, state courts will presume that the guidelines should apply. At Carrillo Law Center, our Stockton family law child support lawyer have experience representing parents in the full range of cases, including:
Initial child support determinations;
Paternity cases, to get a child support order;
Deviations from the child support guidelines;
Child support modifications (Increases & reductions). and
Collection of past due child support.
Adoption is a source of tremendous joy and fulfillment for parents and a family. At the same time, the adoption process itself can be stressful. Not only is it complicated, but there is a lot of uncertainty that prospective parents must deal with when navigating the system. At Carrillo Law Center, our Stockton family lawyers can help your family with the full range of adoption, including:
Private adoptions through an attorney;
International adoptions; and
You and your family do not need to go through the adoption process alone. Professional guidance and support is always available. We are more than happy to explain your rights, your options, and the adoption laws more generally. If you have any specific questions or concerns about the process, our Stockton, CA child adoption family lawyers are here to help.
Pre-Nuptial Agreement and Post-Nuptial Agreements
A prenuptial agreement is essentially a contract signed by a couple prior to their marriage that determines what will happen to the property/assets in the event of a future divorce. Similarly, a postnuptial agreement is a contract signed by an already-married couple that does the same. While they are not the most “romantic” things in the world, prenups and postnups can provide certain benefits, including clarity.
Prenuptial agreements and postnuptial agreements are both legally enforceable in California. That being said, these agreements will only be upheld if they conform to strict criteria. A prenup or postnup with illegal terms—such as a condition waiving child support—may be thrown out. If you are considering signing a marital agreement, you should consult with a lawyer. Our Stockton family lawyer has the skills and knowledge to draft, review, negotiate, and litigate prenups and postnups.
Domestic Violence/Family Violence
Unfortunately, domestic violence remains a serious issue in Central California. A victim of household violence can obtain a domestic violence restraining order to ensure that they are protected. These orders are designed to help protect people from abuse, threats, stalking, or harassment from a spouse or current/former intimate partner. If you have questions or concerns about orders of protection, contact an experienced California family violence lawyer for help.
Collaborative Solutions May Work Best: Family Mediation
Most people want to find low conflict and amicable solutions to their family law dispute. An agreement that works for both parties saves time, saves money, spares feelings, and helps to preserve relationships. This is especially important for parents of young children who are going through a divorce or separation. At Carrillo Law Center, our family law firm in Stockton helps our clients find low-conflict solutions whenever possible. We have experience with:
California collaborative divorce (collaborative law); and
Family law mediation.
In the early stages of your family case, we help you clarify your goals and determine if there is an opportunity to find a solution through collaboration, formal/informal negotiation, or mediation, Our driving motivation is to ensure that you are able to find the answer that works best for you, your interests, and your family.
Trial-Tested Family Attorneys Ready to Protect Your Rights
While our family law practice puts a strong emphasis on collaborative problem-solving and amicable solutions, we also know that an agreement is neither possible nor advisable in every case. The reality is that you may be dealing with a spouse or a co-parent who simply refuses to respect your rights or your interests. At Carrillo Law Center, our Stockton family court lawyers are trial-tested. When necessary, we are more than ready to take your divorce, custody dispute, or any other family case to court to protect your legal rights.
Cost Effective Solutions for Families
We know that going through a family dispute—whether it is a difficult divorce, custody battle, or disagreement over child support—can put a significant burden on a family. In some cases, a family law issue can even be a financial strain. Knowing the challenges that hard-working Central California families are dealing with, Carrillo Law Center is committed to providing cost-effective legal representation to our clients. Our goal is to help you find the solution that works best for you and your family, without letting your rights take a backseat or letting you get overwhelmed with the costs associated with the legal process. We will work closely with you to find the strategy and solution that makes the most sense for your specific situation.
How the Stockton Family Lawyers at Carrillo Law Center Can Help
Going through any type of family dispute can be stressful and overwhelming. At Carrillo Law Center, we understand the importance of helping people find amicable, cost effective solutions. At the same time, we also know that your rights and your personal interests matter. When you reach out to our Stockton office, you will a chance to speak to a family lawyer in San Joaquin County who will:
Listen to your story, answer legal questions, and explain the process;
Help you gather all of the documents and information you need to pursue;
Represent you in mediation or negotiation; and
Take all appropriate legal action to protect your rights.
Family is personal. We know that family matters have the potential to be the most stressful, emotionally draining legal case that any person can ever go through. Cookie-cutter legal representation is not good enough for you and your loved ones. You can count on our Stockton, CA family lawyers to give your case the time and resources that it deserves.
Contact Our Stockton, CA Family Law Attorneys Today
At Carrillo Law Center, our California family law lawyers have the skills, experience, and passion to represent you in the full range of family law matters. If you have any questions about family law, we are here to get you answers. To schedule your confidential family law consultation, please do not hesitate to call us at (209) 900-2100 or to reach out to us via email at . With an office in Stockton, we are well-positioned to provide family law services throughout the area, including in Sacramento, Modesto, San Andreas, Lodi, Tracy, Lothrop, and Galt.