If you are a OC resident who is going through a divorce or other family related legal issue, consider scheduling a consultation with Coto De Caza family attorney Jason Smith. With a practice located in Orange County, Mr. Smith serves clients in Coto De Caza, Mission Viejo, Lake Forest, Irvine, and surrounding cities.
While it’s difficult to say how many divorces residents of Coto De Caza seek annually, Orange County is believed to have one of the highest divorce rates in the nation. Mr. Smith, a married father of two, understands the investment a person puts in their family, and the psychological toll a divorce can take. He always strives to obtain the best settlements and agreements possible for his clients.
Continue reading to learn about choosing the right family law attorney as well as what a lawyer can do for you. If you have questions about a specific family law issue, contact Mr. Smith to set up a consultation.
Choosing the Right Lawyer
A Coto De Caza family attorney can make a significant difference to the outcome of your case. This is true if you are on relatively good terms with your soon-to-be former spouse, or you are engaged in a highly contentious dispute.
A good lawyer should be aggressive when necessary, and perform well in a courtroom setting. Your lawyer should also be an effective communicator and keep you informed of any developments that may unfold during the process.
Before signing an agreement with a family lawyer, be sure to carefully consider your financial situation. Different lawyers charge different rate structures. Some might charge a flat fee, or by the hour. Some attorneys charge a retainer fee. It’s important that your lawyer explain these different charges so that there are no surprises at the conclusion of your case.
What Does a Family Lawyer Do?
Mr. Smith handles cases in the following practice areas:
Each family situation is unique and every separation a legal strategy suitable to the specific circumstances. In cases where the marriage was entered into by force or fraud, an annulment might be the appropriate way to legally end the relationship. Often times however, property, debt and child custody are factors, which calls for the more involved legal process of divorce.
Although California is a community property state, and property accrued during a marriage is supposed to be split evenly between the divorcing parties, this does not mean the process of dividing assets is easy. A good lawyer is vital in helping a person obtain the things that matter most to them in a post-divorce situation.
When considering the issue of child support, courts in the Golden State are guided by California Family Code §3900, which states the following:
“The father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.”
In addition to this section of law, the court will also consider the financial situation of each parent before determining a child support plan. A good lawyer is vital to helping you present your case in a courtroom setting and achieve the fairest support arrangement possible.
In cases where a support order has already been made, it might be necessary to request a modification. In life, the unexpected happens. Perhaps you’ve been paying child support for years but you suddenly lost your job, or are taking care of a sick parent. In these cases it might be possible to modify the amount of child support you are paying. Mr. Smith can help you with this type of issue.
If you are a parent who was receiving child support payments, and suddenly your former spouse is refusing to honor the court’s order, Mr. Smith can also help. Call his office to set up a consultation.
Creating a schedule in which both parents’ get quality time with their children can be very difficult when two people are engaged in a bitter divorce. In worst-case scenarios, one parent might level false accusations of abuse at the other parent in an attempt to limit that parent’s visitation with the children. In other cases, a parent might have legitimate concerns about a child’s safety when with the other parent. Whatever the case, it’s important that you have the help of a Coto De Caza family attorney in sorting through these issues.
When the court considers how to make a determination regarding spousal support, California Family Code §4320 provides guidance. The law states that the court must consider the earning capacity of each party, and whether the amount earned by each is enough to maintain the standard of living established during the marriage. The court will also consider other factors, which an attorney can explain to you in more depth.
It’s important to keep in mind that a good Coto De Caza family attorney could make a significant impact on the type of spousal support agreement ordered by the court.
Consulting a Coto De Caza Family Attorney
Regardless of whether you are seeking a divorce, annulment, or are engaged in a custody dispute or other family legal matter, Jason Smith has the skills and experience to help you through your particular situation. If you live in the private community of Coto De Caza, or some other city in the OC, contact Mr. Smith for a consultation.