|
Family Law
At
The Law Office of David C. Beavans, we fight for your rights.
Call now for a free consultation with an experienced
family law attorney
619-234-7848
Dealing
with Family Law issues can be one of the most emotionally
taxing experiences you might ever face. Coupled with the
emotional element comes the frustration of having to work
within a legal system that can often seem overwhelming and
confusing.
At
The Law Offices of David C. Beavans we understand that preserving
your personal interests within the Family Court system can
set the tone for your future. Our Family Law attorneys are
experienced and successful in both settling and litigating
the many issues faced by family law clients.
The
Law Offices of David C. Beavans offers comprehensive and skillful
representation on a wide range of Family Law issues such as:
CALIFORNIA DIVORCE
A pending divorce brings with it a host of mixed emotions
and uncertainty. Losing the foundation of the family unit
that one has become accustomed to is never easy. In addition,
the frustration of potentially hostile litigation can seem
overwhelming.
In California, dissolution proceedings require the parties
to address:
-
Child custody and visitation rights
- Alimony/Child
support
- Division
of marital property
-
Payments of debts incurred during the marriage
At
The Law Offices of David C. Beavans, we represent clients
throughout San Diego County and surrounding areas, including
Central San Diego, North County, El Cajon and Chula Vista
in matters of legal separation and divorce, including child
custody and visitation, child support, property division,
and spousal support. We take the necessary time to fully
understand each case, explore every possible option, and
pursue the most favorable results for our clients. We work
hard for our clients in order to obtain the best results
in the most efficient manner possible.
CHILD SUPPORT
The
State of California utilizes a mandated guideline formula
to calculate child support orders. This formula takes into
consideration several factors including each party's monthly
income, the number of children, and the custodial timeshare
percentage between the parents.
At
The Law Officse of David C. Beavans, our attorneys have
successfully represented family law litigants in the following
child support related issues:
- Establishment
of child support orders
- Enforcing
non-payment of child support
- Child
support modification
- Disputes
with Department of Child Support Services
- Arrears
determination
Reaching a child support agreement can be an overwhelming
process. It is in your best interests to seek the help of
a skillful and knowledgeable attorney with experience in
handling family law matters and child support issues.
CHILD CUSTODY
Child
custody is one of the most emotional and stressful issues
in a divorce process. Not only is it difficult for both
of the parents, the children are the ones who are the most
affected. As a loving parent, you want the best situation
for your child or children. But unfortunately, not all couples
can come to an agreement over custody related issues and
it is up to the court to decide custody rights. Don't risk
losing your children to court rulings.
Every child custody case is unique and an attorney is invaluable
in sorting out these issues. Our experienced San Diego child
custody lawyers can help with any of the following child
custody related legal matters:
- Visitation
Rights
- Sole
Legal Custody
- Legal
Custody
- Physical
Custody
- Shared
or Split Custody
- Joint
Physical Custody
- Joint
Legal Custody
- Grandparents
Custody & Visitations Rights
If
you are in a divorce process, or fighting a child custody
battle, it is imperative that you seek the legal help of
an experienced San Diego child custody attorney who has
the genuine compassion to see that you and your children's
best interests are met.
At
The Law Offices of David C. Beavans, we have experience
in both settling custody disputes as well as working with
our clients through the complex process of litigating a
custody dispute. We prepare our clients for the crucial
step of Family Court Services Mediation and work hard to
present the right evidence to the Court so that a proper
and fair result is achieved.
DOMESTIC VIOLENCE
An
ugly secret of family life is domestic violence. Whether
it is due to anger management issues or is drug or alcohol-related,
it can leave family members with both psychological and
physical scars. Domestic violence can include child abuse
and neglect, spousal or domestic-partner abuse, and elder
abuse. Laws for these crimes also cover threats of violence,
sexual abuse, emotional abuse, harassment, stalking, and
economic deprivation. Victims of these horrendous crimes
need a safe haven, proper support and an opportunity to
heal.
If
you or someone you know is a victim of domestic violence,
you need someone on your side who is knowledgeable of the
laws. The attorneys at The Law Offices of David C. Beavans
can help. We are experienced in dealing with family law
domestic violence and abuse cases and our goal is to remove
you from and keep you out of harm's way. We'll make sure
you get the protection you need through restraining orders,
orders of protection and by pressing criminal charges and
more. And furthermore, we will be at your side every step
of the process.
DOMESTIC VIOLENCE DEFENSE
Unfortunately,
at times the domestic violence restraining order system
is abused. You may find yourself in a situation where false
allegations have been made. You cannot afford to let the
system run its course without putting up a fight. A domestic
violence restraining order could have a substantial effect
on your ability to obtain legal and physical custody rights
of your children.
If
you have been falsely accused of domestic violence, call
The Law Offices of David C. Beavans now so that we can come
to your defense. We will take active measures to ensure
that the Court has all of the evidence before it prior to
issuing an order of protection. We have experience in defending
and defeating requests for domestic violence restraining
orders.
CALIFORNIA PATERNITY ACTIONS
All
parents, both mothers and fathers, have the responsibility
of caring for their children. In the case of a child born
out of wedlock, it may be necessary to make a request of
the court to prove the father's accountability. Or, it may
be a case of the father desiring his legal rights as a parent.
The court is also a means of resolving child custody, visitation
and support concerns. To do this you will need a San Diego
paternity lawyer from The Law Offices of David C. Beavans.
Paternity can be easily established with a DNA test from
a blood draw or a cheek swab from both parents and the child.
The test can definitely rule out anyone who is not the father
or show a probability of paternity. The probability is typically
95 to 99 percent and that is admissible in court.
There
are legal and emotional rights that are available for the
child once paternity is established.
- The
right to the father's Social Security disability or death
benefits, any medical or life insurance benefits, or any
veteran's benefits
- Coverage
under the father's health care insurance
- The
right to access the father's family medical history for
health care reasons
- Upon
the death of the father, the right to inherit from the
father's estate
- The
right to be claimed as a dependent for school financial
aid and for tax purposes
- A
sense of identity
- Hopefully,
a good role model who will love them, teach them and be
there for them
If
you are a single mother desiring financial and emotional
support for your child or if you are a father wishing to
take an active role in your child's life, contact our office.
We have successfully represented both mothers and fathers
in paternity cases. As in all legal proceedings that involve
children, we will work to achieve what is in their best
interests.
As
there is a time limit on such actions in the state of California,
it is important to speak with an experienced San Diego family
lawyer as soon as possible. Call us today and we will be
happy to answer all of your questions and put your mind
at ease.
PRENUPTIAL AGREEMENTS IN CALIFORNIA
A
prenuptial agreement (also called a prenup or premarital
agreement) may be a good option for soon to be spouses.
If you're undecided as to whether a prenup is right for
your case, it is best to understand what this type of contract
can do for you. Contact our qualified San Diego prenuptial
agreement lawyer from The Law Office of David C. Beavans
for a free consultation.
A
San Diego prenuptial agreement can protect you financially
in terms of property ownership, property division, and alimony.
It can also ensure that children from a previous marriage
obtain their rightful inheritances. If your future spouse
has debt, a prenup agreement can protect you from creditors
who pursue marital or community property to appease the
debts of just one spouse. A prenup can also define who gets
what in case of a divorce. Without it, the court will be
the one who decides how to divide the assets.
The law offices of family lawyer David C. Beavans is prepared
to help you with the following:
- Draft
a prenuptial agreement, postnuptial agreement or domestic
relations agreement
- Examine
a proposed agreement
- Arrange
improvements in a proposed agreement
- Counsel
you on the strength and validity of an existing agreement
Having
an experienced San Diego prenuptial agreement attorney will
make the difference in your prenuptial agreement. ContactThe
Law Offices of David C. Beavans for your consultation today.
POSTNUPTIAL AGREEMENTS IN CALIFORNIA
A
Postnuptial Agreement is much like a Prenuptial Agreement
only it is entered into between the parties during the course
of the marriage. There are many reasons why a married couple
might want to execute a postnuptial agreement and an experienced
San Diego postnuptial agreement lawyer can help you. The
Law Office of David C. Beavans has experience preparing
postnuptial agreements. We will thoroughly examine all aspects
of your case and prepare an agreement to meet your needs
that at the same time complies with California law.
Whether
you need a San Diego prenuptial agreement or a postnuptial
agreement, let a quality lawyer from The Law Offices of
David C. Beavans help you. Call to schedule your consultation
today.
MULTI-STATE CHILD CUSTODY AND
SUPPORT ISSUES
When
child custody and support cases cross state lines, more
complications and conflicts may arise. An interstate child
custody and/or support case is far more difficult and complicated;
only a quality San Diego interstate child custody lawyer
can provide useful legal advice and help you determine what
is best for your situation.
The
Law Offices of David C. Beavans is dedicated to helping
you resolve complex family law and child custody matters.
Our firm has helped numerous people achieve the best result
considering the complex circumstances surrounding their
cases.
If
you are caught in the middle of a multi state issue, call
The Law Offices of David C. Beavans today for a free consultation
and let us help you sort through these complex family law
issues.
ENFORCEMENT OF FAMILY LAW ORDERS
IN SAN DIEGO
If
your ex is not living up to their half of the divorce judgment,
you can do something about it. The Law Offices of David
C. Beavans offers family law representation in San Diego
that can help you seek enforcement for child custody problems
or delinquent support payments. Remember, these agreements
are not optional, they are binding.
A
San Diego enforcement lawyer can help bring your case to
court, where your spouse may face wage garnishments, property
seizure, driver's license suspensions, even jail time, for
breaking your divorce agreement or other order of the court.
Make
your spouse honor the legal contract they are tied to and
ensure your rights are protected by contacting a San Diego
family lawyer as soon as your ex fails to uphold their half
of the agreement. Our family law office in San Diego has
the experience required to take your spouse to court and
make them respect your divorce agreement. Call today to
speak with an experienced representative about your situation.
PROPERTY DIVISION
Our
state is what's known as a "community property state."
What that means is that, with a few exceptions, anything
you and your spouse collect during your marriage is subject
to division after a divorce.
While
navigating the divorce process, it frequently becomes difficult
to divide assets easily between both parties, particularly
considering the emotional element of divorce proceedings.
The longer the relationship, the more difficult it is to
divide the property. That is why it is crucial to hire a
skilled San Diego property division lawyer when you are
going through the property division stage of a divorce.
Our family law office in San Diego can give you sound advice
in helping you to move forward without prejudicing your
interests.
It
is crucial that you know your rights with respect to the
division of community property. Call The Law Offices of
David C. Beavans and talk to a skilled family law attorney
about your case. We will help you find an equitable solution.
SPOUSAL SUPPORT
In
California, a divorce need not be complete before one partner
begins collecting spousal support, frequently referred to
as alimony. While the divorce proceedings are going on,
the spouse can ask the court to issue a "temporary
spousal/partner support order." The formula for deciding
this temporary income method vary from county to county,
but a San Diego spousal support attorney from The Law Offices
of David C. Beavans can help you estimate the amount of
support you are entitled to or would be required to pay.
The
California legislature has created a set number of factors
for a judge to consider when deciding on the value of the
final support decree. These decisions are considered after
child support is set, ensuring children are always taken
care of first. When the judge considers the support judgment,
he or she must take into account the following:
The
needs of each person and the standard of living they were
accustomed to before and after the marriage
- Each
partner's earnings
- The
length of the relationship involved
- Property
and debts of both partners
- The
age and health of both parties (including mental health)
- The
effect that both parents working a full time job will
have on the children
- The
effect that watching children may have on either parent's
career
- If
the relationship had any history of domestic violence
- If
either person played a major role in the foundation of
the other's career
- How
each partner managed money throughout the relationship
If
a relationship has lasted more than ten years, the court
will usually issue a "reservation of jurisdiction"
when they choose not implement spousal support This means
that one of the partners can request spousal support up
to a year later if the need arises.
Support
payments generally go on until one person passes away, the
person receiving support becomes married again or begins
to cohabitate with another person, or until a new court
decision terminates the support. If the circumstances of
either party dramatically change, a court may revise or
cancel the support payments.
If
you are facing a divorce and have any questions about spousal
support, contact a San Diego attorney from our firm today.
Our family law office in San Diego is dedicated to helping
you get through this troubling time in the smoothest and
least painful way possible.
MARITAL SETTLEMENT AGREEMENTS
Marital
and property settlement agreements are documents that completely
spell out the terms of a divorce. Both parties will be expected
to review the documents with their respective San Diego
divorce lawyer and then sign the papers to prove that they
have agreed to the terms set forth in the document.
A
marital and property settlement agreement will not only
deal with the division of marital assets and finances, but
also with issues related to children, including custody
and support. If you and your partner own any business, real
estate, stocks or other investments together, these detailed
issues will also be included. Essentially, this is the paperwork
that explicitly details everything you and your San Diego
divorce attorney have worked out with your spouse and their
legal representative.
The
specific contents of each settlement agreement will vary
based on each individual couple's needs. If you and your
partner were only married a short time and had limited shared
assets with no children, the agreement may be rather short.
On the other hand, if you have been going through a complex
divorce that has involved weeks of discussions between your
San Diego divorce lawyer and your spouse's representative,
the document may be quite lengthy. Typically though, the
agreement will contain:
- The
identity of both parties and a recital of facts
- The
identification of all assets and property, including the
proposed post-dissolution distribution of the property
- Information
on the payment of debts
- Children's
custody and visitation matters
- Child
support information
- Spousal
support agreements or a waiver or spousal support
- The
expenses of both party's attorneys
- Rights
waivers
- Disclosures
for communal property discovered after the dissolution
- The
effective date
- And
a selection of documents detailing complex legal matters
While
you can go through this paperwork and process alone, it is
much faster and less emotional when you work through the process
with the help of a top San Diego divorce attorney. If you
have any questions or would like to schedule an appointment,
please call The Law Offices of David C. Beavans today.
FEES AND COSTS
Our family law attorneys at The Law Offices of David C.
Beavans offer skilled and aggressive representation at an
affordable cost to you. We even offer military discounts
and low income sliding scale fees. Our family law attorneys
will quote hourly fee arrangements on a case by case basis
and offer flat fee agreements in limited circumstances.
The following are typical fee arrangements offered by the
family law attorneys at The Law Offices of David C. Beavans:
-Hourly
fee: $195-225/ hr.
-Military
discount hourly fee: $195/hr.
-Initial
retainer deposit: $1,500-$3,500
-Flat
fee uncontested divorce: $1,500
In very limited circumstances, cases may be taken on a
contingency basis with no money down. Call a experienced
family law attorney at The Law Offices of David C. Beavans
for a free consultation. You may be able to request that
your spouse pay for your attorney's fees and costs.
|
