If you are going through a divorce or other family legal situation,consider scheduling a consultation with San Juan Capistrano family attorney Jason Smith. Located in South OC, Mr. Smith is a family attorney who represents clients in San Juan Capistrano and surrounding cities. Although it’s difficult to pin down the exact number of family legal issues residents seek annually, Orange County is believed to have one of the highest rates of divorce in the nation.
Married with two children, Mr. Smith understands the investment one has in their family, and has witnessed first hand the difficulties clients experience when going through a divorce or custody battle. He practices family law and always strives to obtain the fairest arrangements possible for his clients.
Continue reading this page to learn more about choosing the right attorney as well as the types of cases Mr. Smith handles.
Choosing the Right Attorney
A good attorney should first and foremost be an effective communicator. While a family lawyer should also be aggressive enough, when necessary, to perform in a courtroom setting, he or she should also be effective when it comes to discussing the elements of a case with a client.
Before signing an agreement with an attorney, you’ll want to carefully consider your own financial arrangement. Different attorneys charge different rate structures. Some charge retainer fees, or by the hour. Others might charge a flat fee. It’s important your lawyer discuss these charges with you before taking your case. You don’t want any unexpected surprises after your divorce is finalized.
What Cases Does a Family Attorney Handle?
Mr. Smith takes cases involving the following practice areas:
Divorces and Legal Separations
Different relationships can end in different types of legal dissolutions. For instance, a marriage entered by fraud or force could be ended with an annulment. However, many cases require the more complex process of divorce.
When property, debt, and child custody are an issue, the process can become exponentially more complex. Although California is a community property state, equally dividing property is often easier said than done. Mr. Smith has experience handling these kind of cases and can help you sort through property and financial records to obtain the optimal division of property you’re legally entitled to.
When the court considers issuing an order on spousal support, it is guided by California Family Code § 4320. The law requires the court to consider the earning capacity of each party and whether or not the amount is adequate to maintain the standard of living established during the marriage. The court must also consider several other factors including the current job market, the supported party’s marketable skills, as well the supporting party’s ability to pay.
In some cases a former spouse has paid support for a prolonged period of time, and his or her fortunes have changed. If you have been paying your former spouse support and he or she suddenly got a raise or came into some money, you might be able to request a modification to your order. Mr. Smith can help with this.
According to California Family Code § 3900, both the mother and the father of a minor child have an equal responsibility to provide support to a minor child that is suitable to the child’s circumstances. Prior to issuing an order on child support, the court will consider each parent’s earning situation. A good lawyer will be able to help you obtain the fairest order possible.
Deciding on a fair child visitation schedule can be difficult when two parents no longer get along and communication is an issue. It’s important to keep in mind that the court is required to ensure that the child has frequent and continuing contact with both parents. However, in some extreme cases, one parent might level false accusations of abuse at the other parent in an attempt to limit that parent’s visits with the child.
Consulting a San Juan Capistrano Family Attorney
If you are a resident of San Juan Capistrano, you live in one of the most beautiful cities in Southern California. If you’re going through a divorce situation, you know that trouble can happen any minute. It doesn’t matter where you live. Attorney Jason Smith has the skill and experience necessary to help you navigate the legal process. It’s important to keep in mind that this webpage can’t adequately cover the nuances of family law—and every case is unique. If you have questions about your specific family legal situation, contact Mr. Smith to schedule a consultation.