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Family Law

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Family law (also called matrimonial law) is an area of the law that deals with family matters and domestic relations, including: marriage, civil unions, and domestic partnerships; adoption and surrogacy, child abuse and child abduction.


Coffee & CounselSM FAMILY LAW CLINIC: Divorce, Nullity and Legal Separation; Domestic Partnerships; Paternity; Child Custody and Visitation; Child & Spousal Support; Prenuptial and Marriage settlement Agreements; Property Division, Restraining orders & Mediation with Attorney Todd Smilovitz. Please call Todd at 310-597-0864 or email to schedule an appointment. For Coffee and CounselSM Law Clinics, a 15 minute consult is at the reduced rate of $45 and a half hour is relatedly at $90. Phone, email or complete the form here.

Adoption
Adoption

Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child's biological or birth parent. That means that once the adoption is final, the adoptive parents have all the legal rights and responsibilities of a parent-child relationship.

Annulment
Annulment

An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.

Child Custody
Child Custody

A court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18.

Child Support
Child Support

Court-ordered funds to be paid by one parent to the custodial parent of a minor child after divorce (dissolution) or separation. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child.

Divorce
Divorce

A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse). After you get divorced, you will be single, and you can marry or become a domestic partner again.

Domestic Violence
Domestic Violence

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

Guardianship
Guardianship

In a guardianship of the person, the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

Juvenile Delinquency
Juvenile Delinquency

If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law.
The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any.

Legal Separation
Legal Separation

A court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property.

Paternity Suit
Paternity Suit

A lawsuit, usually by a mother, to prove that a named person is the father of her child (or the fetus she is carrying). Evidence of paternity may include blood tests (which can eliminate a man as a possible father), testimony about sexual relations between the woman and the alleged father, evidence of relationship of the couple during the time the woman became pregnant, admissions of fatherhood, comparison of child in looks, eye and hair color, race and, increasingly, DNA evidence.

Palimony
Palimony

A substitute for alimony in cases in which the couple were not married but lived together for a long period and then terminated their relationship. The key issue is whether there was an agreement that one partner would support the other in return for the second making a home and performing other domestic duties beyond sexual pleasures.

Spousal Support
Spousal Support

Payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. More commonly called alimony, spousal support is the term used in California and a few other states as part of new non-confrontational language (such as "dissolution" instead of "divorce") now used since divorce is "no-fault" in all states but two.

Family Drawing

Marital Settlement Agreement

Mediation

Alternative to Costly Divorce Proceedings
Concerning Issues of Spousal Support, Parenting Plans, Division of Property

What is Mediation?

In a mediation procedure, a neutral party, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute. (Any settlement is recorded in an enforceable contract??) Parties can explore a variety of options toward resolving their personal disputes with a hands-on problem solving approach.

Why Should I Choose Mediation over Litigation?

Experience shows that litigation often ends in settlement. Mediation is an efficient and cost-effective way of achieving that result while preserving the integrity of the individual parties.

Mediation

  • A non-binding procedure controlled by the parties
  • Individual parties are the final decision makers.
  • Parties are free to abandon the process at any time after the first meeting if they find that its continuation does not meet their interests.
  • Mediation is a confidential* procedure
  • Involves minimal risk for the parties involved and generates significant benefits.
  • *within boundaries of city and state law

Litigation

  • A binding procedure controlled by an outside element
  • Judges are final decision makers.
  • Parties are bound by judgement, whether or not it meets their interests.
  • Litigation is a matter of public record.
  • Involves maximum risk for the parties involved. Generates no significant benefits.
  • Mediation Sessions take place on Fridays at 3PM

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Some of the content is from California Courts.
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