Orange County and Inland Empire Family Law Attorney David L. Wilkirson of Wilkirson & Associates Practice Areas and Legal Definitions

California laws and procedures related to family law are complicated and require a skilled family law attorney to properly navigate through the process. California family lawyer David L. Wilkirson of Wilkirson & Associates stands up for the rights of people facing divorce, legal separation, the complicated procedures of adoption and other related family law issues in Orange County and the Inland Empire. California family lawyer David L. Wilkirson of Wilkirson & Associates delivers personalized attention to clients by keeping case information detailed and accessible and provides family law solutions within the following areas:

Divorce:

California is a “no-fault” divorce state. A "no-fault" divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's as easy as stating that the couple cannot get along (e.g., "incompatibility," or "irreconcilable differences"). In a California divorce, as in several states, the couple must live apart for a period of time in order to obtain a no-fault divorce. Even in a “no-fault” state, complicated issues can arise such as domestic violence, child abuse accusations and complex disputes over asset division and financial matters. California divorce lawyer David L. Wilkirson has the legal experience and commitment to detail to advise you through every phase of your divorce case.

Child Custody:

No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. “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 there are far reaching consequences both to you and to the well-being and development of your child. California child custody Attorney David L. Wilkirson is there for you when the most important things in your life – your children – are the focus of your legal needs.

Paternity:

Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother’s name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby’s father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity. California paternity lawyer David L. Wilkirson can help make sure that you follow all the steps that are necessary in a paternity issue to protect your (and your child’s) legal rights.

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. The State of California 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. California child support Attorney David L. Wilkirson will apply his knowledge and experience to guide you through the child support process step-by-step.

Spousal Maintenance (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. California alimony lawyer David L. Wilkirson represents both men and women on either side of the issue of spousal maintenance (alimony).

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 a marriage), a pension plan, vehicles, bank accounts, income tax refund 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 it determined to be non-dischargeable by the bankruptcy court or in state court. California divorce Attorney David L. Wilkirson will stand up for your rights and make it his goal to secure the property that you are entitled in your divorce case.

Take Action To Protect Your Rights:

If you or someone close to you in Orange County, Riverside County, San Bernardino County, Los Angeles County, San Diego County, Newport Beach, Irvine, Mission Viejo, Laguna Beach, Huntington Beach or within the surrounding cities and counties of California needs the assistance and trusted legal advice of an experienced family law attorney, contact family lawyer David L. Wilkirson of Wilkirson & Associates today, at 866-688-6959, or use the contact form provided on this site to begin your free consultation and evaluation of your family’s legal needs.

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