Family Law
The Family Law Court hears cases regarding families and their relationships. Its primary objective is to ensure fairness and justice when dealing with issues such as divorce, legal separation, annulment, paternity and establishing parental relationships, child custody and visitation, child support, spousal support (alimony), adoption, and domestic violence. Family court judges have the responsibility to listen to both parties involved, evaluate evidence, and make informed decisions to protect the best interests of the family members, particularly children.
Tritt Law Group, PC handles cases involving families and domestic relations. Our role is to assist individuals and families in navigating sensitive and complex issues such as divorce, child custody, adoption, support, and domestic violence. We strive to offer guidance and support to our clients by explaining legal implications of various actions, helping clients to understand their rights, and advocating for their best interests in court. We strive to find amicable resolutions to disputes, but we are ready to zealously advocate for our clients in court when needed. Our goal is to help our clients and their families find legal solutions that protect their rights and promote their well-being during challenging times.
Having a case in the Family Law Court can be a difficult time for a family. Call us to find out how we can help.
Family Law Court Process
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A California divorce begins with the filing of a Summons and Petition. Once personally served, the Respondent has 30 days to file a Response before the Petitioner can ask the court to enter the Respondent’s default.
California law requires parties to a dissolution to provide disclosure of their assets and debts to the other party. This is called a Declaration of Disclosure.
After filing of the Petition, the law requires 180 days elapse before a Judgment can be entered.
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Legal Separation cases proceed much the same as a divorce, but with some important differences. After the case is complete, the parties remain married to each other and cannot marry another person. Additionally, the law does not require 180 days to elapse before a Judgment can be entered.
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In certain situations, a marriage can be annulled in California. The court differentiates between void marriages and voidable marriages.
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Child custody and visitation matters are referred to mediation before being heard by the Family Court judge.
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The Family Court uses a guideline calculation formula to determine the correct amount of child support.
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Spousal support (also known as alimony) can be requested as part of a dissolution of marriage case.
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Paternity must be established before custody, visitation, child support, name change or restraining orders may be ordered by the court. A parentage case may be started by the mother, the father, the child's personal representative or the Department of Child Support Services in the county where the child lives, or can be found.
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The Family Court hears Requests for Domestic Violence Restraining Orders. Domestic Violence Restraining Orders are issued to protect victims of any of the following:
Actual physical violence, such as molesting, attacking, striking, battering;
Stalking;
Sexual assault;
A serious threat of violence
Harassing and annoying phone calls;
Destruction of personal property.
As long as the victim and the restrained person are any of the following:
You are married or were formerly married to the other person.
You have or formerly had a dating relationship with the other party.
You and the other party have a child or children together.
You are related by blood, marriage or adoption (for example: mother, father, child, brother, sister, grandparent, in-law)
You and the other party are living together, or formerly lived together, as members of a “household”.
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The Family Law Court hears many types of adoption cases, including Agency adoptions, Independent adoptions, Stepparent adoptions, and Adult adoptions. The Family Law Court also hears Petitions for Freedom from Parental Custody and Control, which frees a child for adoption.
Understanding the Family Law court process can help clients understand what’s happening in their case and help families to navigate the system more successfully.
Regardless of where you are in your case, Tritt Law Group is here to advise you on the best way to move forward. Call today for a free consultation with an experienced Family Law Attorney.
