Family law cases can be emotional and stressful. Divorces and custody cases aren’t just cases between two parties – they involve all family members. As a result, navigating the judicial process, understanding your legal rights, and keeping your emotions in check throughout your family law can be challenging.
Having an experienced – and compassionate –family law attorney on your side is essential to help alleviate your anxiety and fight for your desired outcome. For more information about the legal services we can offer you, call Evans Kingsbury LLP today at (707) 596-6090 or reach out to us online.
Common Types of Family Law Cases
Family law cases can cover a wide range of legal issues in California. Our attorneys can help you navigate the dissolution of your marriage or Domestic Partnership. They can also help with custody issues and adoptions. Family law also involves financial matters, like spousal support and child support, division of property, and even dangerous situations such as domestic violence and child abuse.
Divorce: Divorce is one of the most common family law cases. Family courts handle divorce cases and help determine the distribution of property, support payments, and child custody.
Child Custody: Whether two unmarried individuals share a child or a married couple seeks a divorce, family law attorneys can represent individuals in child custody cases. Your attorney can help negotiate agreements concerning legal custody, physical custody, visitation rights and schedules, and child support payments. Your attorney can also fight for you in court if you can’t reach an agreement.
Adoption: Adoptions often are happy and exciting cases. A family law attorney can help you file the necessary paperwork and complete any other procedures needed for you to adopt a child.
Spousal Support: During divorce proceedings, one party may be entitled to spousal support, or alimony. Conversations about alimony can be difficult, so it’s important to have an experienced family law attorney on your side to help negotiate an agreement or present your case in court.
Child Support:As part of child custody cases, the court will also address child support payments. Family law attorneys can help you ensure that child support payments are adequate and fair.
Property Division: In a divorce, the property owned by the parties will need to be divided. An experienced family law attorney will help you understand what your property rights are and help you negotiate a settlement or present your best case in court.
Domestic Violence:Family law also may involve situations of domestic violence. These cases can include abuse or threats between people in a relationship. A family law attorney can work with abuse victims to request restraining orders and orders of protection. An attorney can also help defend individuals facing false accusations of domestic violence.
Family Law Civil Appeals and Writs
If you receive an unfavorable outcome in your family law case, you may still be able to get legal relief. If you can show that the court made a legal error that led to its final decision, you can pursue an appeal. The court will review your case and determine if a mistake occurred that resulted in the wrong judgment.
Even if your case is ineligible for appeal, you may be able to file a petition for writ review. Usually, writ review is appropriate for decisions that are not yet final judgments. However, the Court of Appeal dismisses most writ petitions without a decision. As a result, you need legal representation by California civil appellate attorneys to present your case.
Some examples of family law appeals and writs we’ve presented include:
Marriage of Banks, California Court of Appeal, First District, Case no. A163176
Type of case: Retroactive modification of spousal support
After entering into a Marital Settlement Agreement, the parties agreed to hire a private temporary judge pro tem to decide certain issues. The judge pro tem granted declaratory relief to the Husband, holding that the parties’ agreement gave the Husband the right to seek retroactive spousal support, contrary to California law and the terms of the parties’ agreement. The Wife hired Evans Kingsbury LLP to appeal. The case has since settled.
Marriage of Degenhardt and Nugent, California Court of Appeal, First District, Case no. A156223
Type of case: Prenuptial agreements
The trial court found no prenuptial agreement existed and refused to stop the Wife from taking positions at trial that contradicted her actions and statements during the marriage. On appeal, the Husband contended that the parties had fully performed their prenuptial agreement. The Court of Appeal upheld the trial court.
Marriage of Nessinger, California Court of Appeal, First District, Case no. A138764
Type of case: Marital Settlement Agreements
The Wife submitted a false declaration in the trial court seeking to set aside the parties’ Marital Settlement Agreement. After setting aside the agreement, the trial court found against the Wife at trial. The Wife appealed. On appeal, the Husband showed that the trial court’s decision was supported by substantial evidence. The Court of Appeal sustained the trial court.
Marriage of Davenport (2011) 194 Cal.App.4th 1507
California Court of Appeal, First District, Case no. A126181
Type of case: Dissolution of marriage; sanctions
The trial court denied the Wife’s motion for sanctions and awarded sanctions to the Husband. The Court of Appeal sustained the trial court’s ruling and held that the trial court properly denied the Wife’s motion to exclude evidence, as there was substantial proof to find that the Husband did not act in such a way to trigger sanctions.
Marriage of Honer (2015) 236 Cal.App.4th 687
California Court of Appeal, First District, Case no. A137961
Type of case: Community property
The Wife challenged the trial court’s unfair valuation and division of the family business. The Court of Appeal held that the trial court did not abuse its discretion when it used the “marital value” of the business as a basis for its decision.
Why You Need an Experienced Family Law Attorney
Anyone involved in a family law case will experience a variety of emotions and stressors which can cloud decision-making abilities and create confusion, sadness, and financial distress. That’s where an experienced California family law attorney comes in. You need an expert to navigate the process and the court system to help you achieve the desired outcome.
How the Family Law Attorneys at Evans Kingsbury Can Help
The family law and civil appellate team at Evans Kingsbury have extensive family law experience in Sonoma County, and we know how to navigate the trial and appellate systems. Most importantly, we know there are times when negotiation and collaboration lead to the best possible resolutions for our family law clients. For example, you might need someone to gently deflect the anger or aggression from the opposing side, or you might need a tough advocate in the courtroom who will fight for you and your children.
With a unique blend of compassion and killer instinct, Deirdre Kingsbury and Noreen Evans will tenaciously help you resolve your complex family law issues, allowing you the time and energy to devote to your family, your health, and your emotional stability. Our unique team brings personal experience to these matters and provides the top-notch legal support you need during this difficult time. Contact our office today at (707) 596-6090 or online and set up a time to talk to us about your case.