TOP-RATED SAN DIEGO FAMILY LAW ATTORNEY
A family lawyer does much more than divorce. We help your family plan for it's future by making sure all of your rights and privileges are protected under law. A family law attorney can help you with an adoption, or provide advice on how to structure a prenuptial agreement to protect a family business.
ENFORCING A COURT ORDER
Post Judgment Modifications
Enforcement of Court Orders and Judgments
When the court makes an order, both parties are bound by law to follow every aspect of the order. If your former spouse fails to follow their required obligations, you can take action for court orders enforcement to make sure they do as agreed.
There are various ways to enforce a court order, and depend upon what type of order is not being followed.
The most common orders that are not followed include:
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Child or spousal support orders
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Child custody/visitation orders
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Property division orders
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Restraining orders
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Marital Settlement Agreements
If the court order was willfully broken by one party, they may be held in contempt of court for their actions. Contempt penalties are harsh and can be used to enforce the family law order.
Alternatively, if a violation of a court order is limited to property division or payments, it may be more efficient to enforce the court order through a writ of execution. To determine the best method of enforcing your court order, call us today to schedule a free consultation.
PRENUPTIAL AGREEMENTS
Postnuptial Agreements
Prenuptial Agreements
Prior to marriage, a couple may enter into a prenuptial agreement, which allows the parties to "opt out" of California's community property laws and determine for themselves how their marital property will be divided in the event of divorce. If a prenuptial agreement is not drafted properly, or if it fails to account for the unique circumstances of the parties, it can be declared unenforceable by the court. In turn, this means that template-based premarital agreements found online are almost always declared to be unenforceable by the court. We assist clients in preparing prenuptial agreements that thoroughly address every potential concern and scenario that may arise in the event of divorce.
Postnuptial Agreements
A postnuptial agreement is a contract spouses make after they are married. It allows the parties to agree that certain property or assets acquired during the marriage will not be considered "marital property" that is subject to community property division in the event of divorce. Examples of such newly acquired assets can include the protection of new businesses, inheritances, or newly purchased property.
ADOPTION
Stepparent Adoption
How to Obtain Adoption
When a child is adopted, the legal rights of the child’s biological parents are terminated and those rights are transferred to the adopting parents.
Often, a party’s new spouse may wish to adopt his or her stepchildren. If the noncustodial biological parent agrees to the process and the adopting stepparent is deemed to be a fit parent by the county, there is generally no problem. When the biological parent disagrees with the adoption, the legal aspects become much more complex, and the advice of an experienced family law attorney is critical. There are various other situations, including parties that are unrelated to the child, distant relatives, and agency adoptions.
We can help you through every step of the adoption process - even people who have gone through the adoption process experience the stress of uncertainty. Having an experienced family law attorney, will help alleviate that fear.