Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or a loved one needs the help of an experienced Irvine, California Family lawyer, call Dombrow & Dombrow, Attorneys & Counselors at Law today at 866-270-4651, or complete the contact form provided on this site to arrange for a free phone consultation.

If you or a loved one needs the help of an experienced Irvine, California Family lawyer, call Dombrow & Dombrow, Attorneys & Counselors at Law today at 866-270-4651, or complete the contact form provided on this site to arrange for a free phone consultation.

ADDRESS OF THE FIRM:
Dombrow & Dombrow, Attorneys & Counselors at Law
18012 Cowan, Suite 220
Irvine, CA 92614
Phone: 866-270-4651
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours

MEMBERS OF THE FIRM:

Attorney Richard L. Dombrow

• Jurisdictions Attorney is Licensed in: California, Federal District Court Central District of California, Federal District Court Southern District of California, United States Supreme Court, United States Tax Court
• Date Admitted to the Bar: 1971
• Colleges Attended, Degree & Year Graduated: San Jose State University, B.S., Management, 1962-1966; USC, J.D., 1966-1969
• Professional Memberships & Achievements: Orange County Bar Association, California Bar Association, American Bar Association, Past Chairman of the Orange County Bar Association Family Law Section, Past Chairman of the California State Bar Board of Legal Specialization, Past Chair of the California State Bar Family Law Advisory Commission, Member of the California State Bar Advisory Committee, American Inns of Court Master Bencher, Judge Pro Tem Orange and Los Angeles Counties, State Bar President’s Pro Bono Award 1990, Amicus Public Pro Bono Award, Registered Investment Advisor – RIA State of California
• Board Certifications: Certified Family Law Specialist, California Board of Legal Specialization

Attorney Kathleen L. Dombrow

• Jurisdictions Attorney is Licensed in: California, Federal District Court Central District of California
• Date Admitted to the Bar: 2008
• Colleges Attended, Degree & Year Graduated: University of California, San Diego, B.S., Political Science with an emphasis in Public Law, minor in Law & Society, 2005; Chapman University School of Law, J.D., Cum Laude, 2008
• Professional Memberships & Achievements: California Bar Association, American Bar Association, Orange County Bar Association. CALI Excellence for the Future Award in Legal Research and Writing I, Legal Research and Writing II, Constitutional Law I, Family Law and Elder Law.