Warm-Hearted Family Law Attorney
A divorce is a life-altering event. Emotions are heightened during a divorce proceeding more than in almost any other legal matter, and this can lead to poor decisions on the part of both parties involved.
This is when the objective views of an attorney can be your best asset. It’s already overwhelming for you – let me take care of the details and fight for what you deserve. I am Vonnah M. Bagner, and at Bagner Law, PC, I will arrange every aspect of your divorce agreement, including:
- Child custody, support and visitation
- Division of property and assets
- Home and business valuation
I know your rights, and I’ll work to secure your future. Contact me today and let me get to work for you. I’m here to help.
Uncontested Divorce (Dissolution)
An uncontested divorce is one in which either both parties agree to the divorce or the other party does not file a response to the divorce petition.
When the parties can agree, the process is most economical for both. The parties generally have a marital settlement agreement, which outlines property division, child custody and support, debt division, and any other issues relevant to the divorce.
A contested divorce is any in which the parties cannot agree upon the terms of the divorce. This can often involve mediators and experts in various disciplines, such as home appraisals, business valuation and career evaluation.
For purposes of distributing assets after a divorce, California is a community property state. This means that both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation.
Also, all property acquired during the marriage with community money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. In absence of agreement, sometimes assets are sold, and the proceeds are divided by the parties.
Domestic Violence Restraining Order
A domestic violence restraining order is a document, signed by a judge, which prohibits an abuser from contacting or coming near you. It is granted by the family law court. A domestic violence restraining order can order an abuser to refrain from contacting you; to stay a specified distance from you and your home, school or work, or your children’s school; to move out of your home; and to return items of your personal property to you.
In general, you can qualify for a domestic violence restraining order if the abuser caused or attempted to cause injury or sexually assaulted you. The abuser must be a family member or domestic partner, or the parties involved have a child together. You can also qualify if the abuser threatened to harm you, and there is a reason to believe that he or she will carry out those threats.
A legal separation is a finding by a court that the conditions or circumstances of marriage make it intolerable for the parties to live together but that the marriage itself should be maintained. Parties often choose legal separation over divorce due to religious or insurance reasons.
Because life changes in ways that you cannot anticipate, you can file for a custody or financial support modification in California courts. In order to receive this court order, you must show that unforeseen circumstances are affecting your ability to pay support or care for your child.
These modifications can include an increase or decrease in financial support to help offset medical bills or account for a change in income. Child custody modifications can be made to address a change in a parent’s schedule, a relocation or another issue that affects the parent’s ability to fulfill his or her parental obligations.
In unfortunate times, when you need to care for the needs of a child (up to age 18), guardianship is essential. It allows the petitioner to enroll the child in school, approve medical treatment and procedures, and sign documents for the benefit of the child. The time when you could take a child somewhere and sign documents for that child has passed.
Now, you must show a legal relationship when a parent/child relationship does not exist. It is not that securing guardianship is difficult. It does involve a lot of rules and paperwork. You want to make sure you get everything right so that you and the child may move on together.