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Anaheim Divorce Lawyer, Family Law Attorney; Personal Injury Lawyer

We serve our clients in Anaheim, Corona, Orange County, Placentia, Riverside County, Riverside, Fullerton, Brea, Yorba Linda, Orange, Santa Ana, Norwalk, Buena Park, Chino, La Habra, La Mirada, Diamond Bar, La Habra, Tustin, Irvin and more...

Our family law, immigration; personal injury practice areas include: Divorce | Spousal Support |Personal Injury| Annulment | Legal Separation | Property Settlement |Permarital Agreements | Restraining Orders | Child Custody | Visitation Rights | Paternity | Grandparent's Rights | Adoptions | Modifications |Child Support | Wills, Trusts & Estates | Guardianships | Conservatorships | Estate Administration | Business Entites | Immigration & Naturalization


Family Law Issues:

    • Divorce - "Uncontested vs. Contested" - one where the spouses can reach a decision as to the terms of
      the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.

    • Spousal Support (Alimony) - in the past been known as "alimony". Spousal support is not mandatory
      in most states. However, if the circumstances are such that a spouse will face hardships if he or she does
      not receive financial support after the divorce, than spousal support should be considered.

    • Annulment - is a legal procedure for declaring a marriage null and void. Annulment differs from divorce
      where the court ends an otherwise legal marriage on a specific date.

    • Legal Separation - is a possible step towards divorce under United States law. A couple are legally
      separated if they have successfully petitioned a court to recognize their separation; simply living apart
      does not constitute separation for these purposes. A period of legal separation constitutes grounds for
      divorce; the length of that period varies from state to state.

      Legal separation does not automatically lead to divorce. The couple may reconcile, in which case they
      need do nothing in order to remain married. If they do not reconcile, and wish to divorce after the statutory
      time period, they must file for divorce explicitly.

    • Property Settlement - Community Property and Separate Property - California, is a community property
      state. This means that both the husband and wife are deemed to equally own all money earned by either
      one of them from the beginning of the marriage until the date of separation.

    • Premarital Agreements - Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements")
      are binding legal contracts between you and the one you intend to marry.

      Among the purposes people have in wanting such written agreements is to try to ensure that their
      assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of
      them, go to their children in the event of death, and to work out arrangements for matters that may
      become problems after the marriage. For some, it is a smart and practical way to acknowledge the
      fact that nearly half of all marriages end in divorce.

    • Restraining Orders - An order from a court directing one person not to do something, such as make
      contact with another person, enter the family home or remove a child from the state. Restraining orders
      are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt
      to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes
      between neighbors.

      Personal Injury -
      It can be rough to establish a dollar amount on injuries you endured in an accident.
      There are so many issues to consider, the time lost from work, medical costs for ongoing injuries, doctor's
      bills, your pain and suffering … etc. Insurance companies consider all these issues when determining on how much to offer in order to settle your case.

Children's Issues:

      • Sole Physical Custody: Sole physical custody means the children shall reside with and under the supervision of one parent, subject to the power of the court to approve the parent's plan for visitation rights granted to the other parent.
      • Joint Physical Custody: Joint physical custody means that each of the parents shall have significant periods of physical custody. In other words, the physical custody of the children shall be such that
        both parents have more or less continuing contact with the children.
      • Sole Legal Custody: Sole legal custody means that one parent shall have the right and the
        responsibility to make decisions relating to the health, education and welfare of the children,
        subject of course to the visitation rights of the other parent. Although courts favor joint legal
        custody, sole legal custody continues to be the leading type of custody for most children when
        there is a marital breakup.
      • Joint Legal Custody: Joint legal custody means that both parents share the right and the responsibility
        to make decisions relating to the health, education and welfare of the children. The law presumes
        that joint legal custody is in the best interest of the minor children when the parents have agreed
        to jointlegal custody and submitted a workable "parenting plan." However, joint legal custody is
        not for everyone. It requires the parents to cooperate and lay aside all differences for the benefit and
        interest of the children.
    • Visitation Rights - right to see a child regularly, typically awarded by the court to the parent who does
      not have physical custody of the child. The court will deny visitation rights only if it decides that visitation
      would hurt the child so much that the parent should be kept away.
    • Paternity - the social and legal acknowledgment of the parental relationship between a father and
      his child.

      At common law, a child born to the wife during the marriage is presumed to be the husband's child,
      as determined by law. This well-settled concept is the "presumption of lawful paternity", and assigns
      to the husband complete rights, duties and obligations as to the child, regardless of whether he is
      the biological parent or not. The presumption, however, can be rebutted by evidence to the contrary,
      at least before a court issues a formal adjudication of paternity in the husband's favor, or a duty of
      support is established by a decree of divorce, annulment, or legal separation. Jurisdictions differ widely
      on whether, when, and under what circumstances a judgment establishing paternity or a support
      obligation founded on the presumption can be set aside on the grounds that the husband was not
      in fact the father.

      In the case of an unwed mother a man may come forward and accept the paternity of the child, the mother
      may petition the court for a determination if she can identify the likely candidate(s) or paternity can be determined by estoppel over time.

       

    • Grandparent's Right - All states have some type of "grandparent visitation" statute through which
      grandparents and sometimes others can ask a court to grant them the legal right to maintain their
      relationships with loved children. But state laws vary greatly when it comes to the crucial details, such
      as who can visit and under what circumstances.

       

    • Adoptions - the legal act of permanently placing a child with a parent or parents other than the birth
      parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents
      and the placing
      of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there
      is little or no legal difference between biological and adopted children.

      Different jurisdictions have varying laws on adoption and post-adoption. Some practice confidential or
      closed adoption, preventing further contact between the adopted person and the biological parents,
      while others have varying degrees of open adoption, which may allow such contact. However, an
      underreported fact is that open adoptions are not legally enforceable agreements in many jurisdictions[1].
      I.e., an open adoption may be closed at any time for any reason.

    • Modifications - Visitation may be modified at any time in which a drastic change in conduct or
      circumstances involving the parents can be demonstrated. Permanent modifications may be implemented, however, temporary suspension is also an option. In order to modify visitation arrangements, the party
      in favor of such must file an order with the court presenting clear evidence of the change in conduct or circumstances. Typically, this evidence must be completely new to the court. Any issues addressed
      previously in any prior proceedings are not grounds for modification. The following are some of the
      most common factors that are generally the cause for successful modification of visitation arrangements:


      • Chronic non-obedience with the visitation schedule.
      • Repeated failure to return the child at the designated time.
      • The teaching of immoral and/or illegal acts to the child.
      • The parent's conviction of a crime.

     

    • Child Support - Child support is mandatory in all actions involving minor children. Petitioners with
      minor children must include an order for child support, even if the other parent is unemployed or
      cannot be found.

Probate litigation:

    • Wills, Trusts and Estates - "living trust"- A trust created for the trustor and administered by another
      party while the trustor is still alive. A living trust can be either revocable or irrevocable. A living trust avoids probate and therefore gets assets distributed significantly more quickly than a will does. It also offers a
      higher level of confidentiality, as probate proceedings are a matter of public record. Additionally,
      trusts are usually harder to contest than wills. On the downside, a living trust takes longer to put
      together than a will, and requires more ongoing maintenance. Although both a will and a living trust can be modified or revoked at any time before death, such changes are slightly more time-consuming for a
      living trust. Additionally, assets that a person wants to move to a living trust, such as real estate and
      bank or brokerage accounts, have to be retitled.
  • Guardianships - Guardianship is established by a court order. The court grants the guardian authority and responsibility to act on behalf of another person. The relationship is FIDUCIARY, which means that the guardian is obliged to act in the best interests of the ward. The court supervises the guardian to assure proper actions on behalf of the ward. An individual may serve as guardian of a minor or of an incapacitated person.

    • Conservatorships - Unlike a guardian, a conservator has no power or responsibility over the individual.
      Only the money and property falls within the conservator's jurisdiction. A conservator has power to invest
      funds of the estate and to distribute sums reasonably necessary for the support, care, education or benefit
      of the protected person and any legal dependents of the protected person.
    • Estate Adminsitration Matters - The court-supervised distribution of the probate estate of a
      deceased person. If there is a will that names an executor, that person manages the distribution.
      If not, the court appoints someone, who is generally known as the administrator. In some states,
      the person is called the "personal representative" in either instance.

Small Business Entities:

    • Partnerships - the control, responsibility and finances; this could be one other or several people, thus
      reducing the overall input one individual will give to the business.

Formation Corporations

      • A. A corporation organized primarily for charitable purposes and which plans to obtain state tax
        exempt status under Section 23701d of the Revenue and Taxation Code and/or federal tax exempt
        status under Section 501(c)(3) of the Internal Revenue Code or organized to act as a civic league or
        a social welfare organization and which plans to obtain state tax exempt status under Section 23701f
        of the Revenue and Taxation Code and/or federal tax exempt status under Section 501(c)(4)
        of the Internal Revenue Code is a nonprofit PUBLIC BENEFIT corporation. 5
      • B. A corporation for other than religious, charitable, civic league or social welfare purposes and
        planning to obtain tax exempt status under provisions other than Sections 23701d, 23701f,
        501(c)(4) or not planning to be tax exempt at all is a nonprofit MUTUAL BENEFIT corporation.
      • C. A corporation organized to operate a church or to be otherwise structured for primarily religious purposes is a nonprofit RELIGIOUS corporation.
      • The Corporations Section is responsible for examining, processing, filing and maintaining
        documents related to the existence and structure of California domestic corporations and
        foreign (out of state or country) corporations qualified to transact business in California.

 

        • C corporations get taxed on profits at corporate rates, and dividends
          are taxed to the shareholders. S corporations and LLCs (when approved
          by IRS, which approval is generally not hard to get) are taxed at
          personal rates, form 1040, Schedule C.
          • subject to formal requirements, e.g., annual reports,
            board of director meetings, etc. S corporations also, possibly to a
            lesser extent. LLCs are exempt from these requirements, at least in
            many states.
        • S corporations are limited to 35 shareholders, and to domestic
          capitalization. LLCs are not so limited, at least in many states.
        • Limited liability companies (LLC)- generally provide more accounting flexibility than
          either C or S corporations.

Immigration and Naturalization:

    • Lawful Permanent - A "green card" gives you official immigration status (Lawful Permanent Residency)
      in the United states.

      A lawful permanent resident is a foreign national who has been granted the privilege of permanently
      living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have
      a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
    • Residency - If you want to become a lawful permanent resident based on the fact that you have a relative
      who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.

    1. the USCIS must approve an immigrant visa petition

2. the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you.

3. if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number.

    • Visas - A nonresident alien is issued a visa allowing entry into the U.S. However, Canadian and Mexican
      visitors may be allowed entry without a visa. A nonresident alien is a non-U.S. citizen who does not hold a Resident Alien Card.
    • I-90 - Replace Permanent Resident
    • Adjustment of Status - I am in the United States and would like to adjust status. How do I do that?
    • Cuban Adjustment Act - provides for a special procedure under which Cuban nationals or citizens, and their accompanying spouses and children, may obtain a haven in the United States as lawful permanent residents.

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