Are you searching for a Ventura divorce attorney or an Oxnard divorce attorney?  Do you have other questions regarding the law.  We hope this Legal Line article prepared for residents of Oxnard and Ventura may be of help. 

Family law regards all legal matters involving family and domestic issues, the principal matters being marriage and civil unions, divorce, alimony, child custody, and child support.

Legally speaking, marriage is a contract between two consenting adults that affords the two certain rights and responsibilities.  In most U.S. states this union is restricted to that of a man and a woman, however, a number of states now recognize same sex marriage.  In the state of California there was a period of time between June 16, 2008 and November 5, 2008 when same sex marriages were permitted by a state Supreme Court ruling.  However, a general election ballot initiative amended the state’s constitution nullifying the ruling. That being so, those of the same sex married in California during that period are fully recognized under the law.

Another option for same sex couples are civil unions, an institution similar to marriage that afford couples many of the same rights.  Civil unions, however, still do not offer couples the full legal rights of marriage under federal law.  Many states, including California, now recognize civil unions or similar institutions.

The benefits of marriage are many including, tax benefits, estate benefits, government, employment, medical, death, family, housing, and consumer benefits.  Some of the benefits that fall under these categories include numerous tax breaks, joint income tax returns, medical insurance through a spouse’s employment, medical visitation rights, monetary reimbursement for deceased or disable spouses, family discounts and more.

Despite the benefits of marriage it is not uncommon for a couple to end their marriage with a divorce. With divorce rates approaching 50% in the U.S., divorce and its implications play a major role in family law.  Most U.S. states, including California, permit no-fault divorces with the grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.  In such cases both parties have agreed to end their marriage with no one party considered to be at fault.  In many cases both parties are able to come to an agreement about the terms of the divorce alone or with the help of a mediator or attorneys.  In such cases a court approval is still needed and most often readily granted.

In cases where a prior agreement cannot be reached, court hearings will be held with both parties seeking legal representation.  The court will then decide the terms of the divorce based on the hearings.

The terms of a divorce generally involve the division of property and assets, child custody, and monetary support.  The division of property and assets vary according to state law, but in California community property laws exist that state that all marital property, assets, and debts will be divided equally.

In regards to spousal support or alimony, the court will make a ruling based on a number of factors in order to most fairly provide the party in question with the means to support themselves after the divorce.

When children are involved in a divorce hearing the court makes their decisions of custody based on the health, safety, and welfare of the child.  There are two types of child custody, those being physical custody and legal custody.  Physical custody is the right of the parent to have the child live with him or her.  If the court decides to grant joint physical custody, the child is permitted to reside with either parent according to agreed upon terms.  The court could also rule in favor of sole physical custody with visitation rights available to the other parent.

Legal custody of a child is the parent’s right and obligation to make decisions about a child’s general upbringing including education, medical care, and religion.  As is the case of physical custody, the court can rule in favor of joint legal custody in which both parents must agree on such decisions, or sole legal custody.

Along with custody rulings, a divorce court will most often order monetary support to be paid to the non-custodial parent.  The court will determine which parent pays and how much based on the physical custody of the child, the parents’ income, and the financial needs of the child.  Failure to pay child support can result in serious legal ramifications including jail time.

Considering the importance of family in our society and the world at large, the laws surrounding family are significant and many.  It is the purpose of these laws and the obligation of family courts and lawyers alike to protect families and the individuals therein as effectively and fairly as possible.

• I have three kids ages 19, 16, and 13. The 19 year old has moved out of his mother’s house and got a place of his own. Am I able to get my child support modified? If I can, how do I go about doing that? Can you put me in touch with an attorney in Oxnard that can help me modify my child support?
  
• I got divorced 5 years ago. My daughter now lives with her mother about 80 miles north of Ventura. Our paperwork was reworked about 2 years ago when my daughter came to live with me and my exwife was paying me child support for both of our children. Our son turns 21 this month. Since my daughter moved to live with her mom about 18 months ago we have only a verbal agreement that I would pay her what she was paying me $230 a month. Neither of us could afford to go back to court at the time. She has been unemployed since our daughter came to live with me and remains that way to this day. She claims she has no intention of getting a job and because of several surgeries over the past couple of years she says she isn't able to get a job and refuses to apply for disability. My biggest issue is visitation. Since we have only a verbal agreement I have no way to make her meet me half the distance to her house, like is written in our paperwork, so that I can pick up my daughter. If I want to see my daughter I have to drive all the way to her house, pick her up, then return her. I did this a couple of times to help her out because she was recovering from surgery. Is it worth the cost of hiring another attorney my original one has retired to try to make her meet me and can I insist that she apply for disability to benefit our daughter? Her husband is currently not working either. My concern is that my daughter is suffering financially because of her mother's lack of responsibility.
  
• If I received money from a life insurance policy, do I need to report that to child support? I pay every pay check and I have been paying for years. I need to know if my ex is able to get his hands on it.
  
• I have a divorce decree which also has an order for support for our oldest child. I have no order for our second child. This was set 15 years ago, and I have gone through child support services here in and have never received support from him. What else can happen to enforce the order and also get an order for our second child?
  
• I want to get divorced and move out of state. My soon to be ex keeps threatening to take the car and everything. The car is in his name, which was purchased after we got married. The down payment on the car came from a car that was in my name. As far as the other material items, I'm not so worried, but I need my transportation in order to work. Can he take the car? Any advice would be greatly appreciated. One more question. Is there someone here in Oxnard that can help with the divorce paperwork? No minor children are involved, no money, assets, etc. Only material items.
  
• I have temp guardianship through a notary. How can I make it guardianship through the courts, when the parent is absent, lives out of town and can't or won't come back to town? Is it possible to do so and consider the parent as abandonment?
  
• My husband and I bought a condo unit 5 years ago. We were able to purchase that property because his income was substantial compared to mine but because his credit was bad, the property was put under my name and he signed a Disclaimer Deed. We separated 34 months ago, and from the day he moved out, I have been paying for the monthly mortgage and HOA fees from my own pocket, without a cent of contribution from my husband's part. My uncle helps supplement the rest of my financial needs because my income is insufficient. Also, we don't have any children. My questions are: How binding is the Disclaimer Deed in California? Shouldn't my husband be paying half of the monthly mortgage and HOA fees even though he has moved out, and from the day he moved out, being that we live in a community property state? Can I ask for spousal support when we file for divorce to cover the 50 percent portion of all 34 months of monthly mortgage payment and HOA fees he should have helped me pay, but did not?
  
• I am in the process of an uncontested divorce. The lawyer for my wife has proposed alimony and a settlement for her for the house and my 401K and I need some advice on what the judgment would be legally. I want to be fair but I want to know what would be required of me. It seems a little excessive but I want to know for sure before I sign.
  
• My ex moved out of California at the beginning of October. We have joint custody although my son legally lives with me. Do the terms of mediation still continue? How would I go about getting them changed?
  
• I recently got married here in California. I have a son from a previous relationship. He currently has my maiden name as his last name. Can I legally change his last name to my new, married last name?
  
• I go to court Wed for my divorce hearing. The papers state that I get the house and that I have one year from the date of the final decree to have it refinanced and put in my name. My husband has been living with his parents for 2 months now. He intends to come to Oxnard divorce court Wednesday and says he'll be staying at my house until he can get back on his feet and find a place of his own. He doesn't have a job, so I don't see how he expects to find a place of his own. He says that just because we will be divorced doesn't mean he can't live there since his name is still on the deed until I get it refinanced. How can I make him get his stuff out and not come back?
  
• Can you give me more information on the rights of grandparents in the state of CA?
  
• My husband 57 left me for a girl 26. He will not pay half of his house note or the tax on the house. Can I do anything to make him pay?
  
• I'm about to start a custody battle with my ex wife, and I need to know what to expect because I'm doing it without a lawyer. Do depositions count for anything? What will I need to succeed in getting shared legal and custodial rights?
• The court recently granted my ex full custody of our 4 year old due to what they called a material change. My ex is a former law enforcement officer. I have proof of child's awareness of misconduct, negative behavior towards me to the child, and interfering with my child’s relationship with myself. I feel this was an unfair trial on my behalf due to the fact my ex has worked in law for sometime in the county and his attorney and judge were friends. I now only get to visit my son every other weekend for NO REASON. What should I do get this situation turned around? Can a Ventura county family law attorney help me sue for emotional distress due to the outcome of this trial with no facts just hear say from professionals counselors and law professionals?
  
• My husband and I would like to try to get full custody of his 3 year old son. The child lives in North Carolina with his mother and we live here in Ventura county. My husband and the child’s mother were never married and have not been to court for custody of this child, they do however, have a contract drawn up by lawyers and signed for joint custody. If we are unable to get full custody we would at least like more time with the child and a few other minor things. Where can I read about child custody laws and are there similar situations you are aware of here in the area? Can we get a state appointed lawyer so we can go to court?
  
  
  

*Always consult a legal professional in person before taking any legal action related to your case or situation.