A San Mateo family law attorney at the Law Offices of Ali Yousefi can provide crucial support for any legal issues affecting your family. If you have a legal issue impacting your family, the Law Offices of Ali Yousefi can help. Our law firm focuses our skills on you and your family. The benefit you receive when you choose us to represent you in your family law matter is that you will get top-tier representation, a no-nonsense approach, and attorneys who will fight tooth and nail to secure the best possible outcome for your case.

Whether your case involves an uncontested divorce or a complex divorce, we bring individual attention, knowledge, and commitment to achieving your objectives. Your questions will always be addressed immediately and the work on your case will be handled most cost-effectively. We understand that divorce is a painful process, and we are committed to being available to answer your questions and concerns.

What Is Family Law in California?

Family law in California encompasses various areas of law that affect families. A San Mateo family lawyer can help with all aspects of family law.

Our law firm offers the following services in family law:

  • Divorce (contested and uncontested),
  • Child custody and visitation,
  • Debt and property division,
  • Child and spousal support,
  • Restraining orders/domestic violence,
  • Mediation,
  • Pre-nuptial agreements, and
  • Modification and enforcement of court orders.

Our family law lawyer can help with these and other legal issues that may impact your family. Contact our office today to see how we can help.

Divorce and Annulment

Since marriage is a legal relationship, you must go through a legal process to end it. This process is called divorce. In a divorce, a court decides the separate and marital or community property and splits the community property fairly between the parties. The court also decides on child custody, child support, and spousal support issues. Instead of having a judge decide, the couple can negotiate these terms with the help of their lawyers.

In an annulment, one or both parties believe the marriage was invalid when they entered it. The reasons a couple may qualify for an annulment include the following:

  • Bigamy,
  • A spouse was a minor, 
  • The parties were closely related, or
  • The consent to marry was obtained by force or fraud.

If a judge grants an annulment, the law treats the couple as if they were never married. A couple whose marriage is annulled can say they have never been married for legal purposes.

Uncontested Divorce

California is a no-fault divorce state, meaning either party can initiate divorce for any reason, such as irreconcilable differences. In fault-based divorce, you have to prove your spouse did something wrong that led to the end of the marriage. That California is a no-fault state means the state does not offer fault-based grounds for divorce. “Irreconcilable differences” is a catch-all for most ways a marriage ends.

In an uncontested divorce, both parties work toward making important decisions outside of court, such as the division of property, spousal support, and child support. This generally speeds up the process and reduces potential fees or court costs. If you feel this option may work for you, we recommend contacting us today at 650-409-9701 or contacting us online to schedule a one-on-one consultation with our attorney, Ali Yousefi.

Contested Divorce

In a contested divorce, the spouses disagree on some or all of the divorce issues. In a contested divorce, you need a judge to decide at least one divorce-related issue. This may include disagreements about:

If the parties cannot successfully negotiate, compromise, and agree to the terms of their divorce, the case will proceed to trial, and a judge will make these decisions for the parties. Both parties present arguments, evidence, and witnesses to support their positions in a trial. Fortunately, our office is available to assist you with a contested divorce.

Child Custody and Visitation 

Child custody refers to each parent’s responsibility to care for and make decisions about their child’s life. In California, child custody cases establish a parent’s legal and physical custody rights. Legal custody involves the right to decide about significant issues in the child’s life. Physical custody consists of the time each parent spends with the child living with them. Ultimately, custody decisions must be based on the child’s best interests.

We assist with every part of these issues, including:

  • Creating parenting plans that outline schedules and responsibilities,
  • Negotiating disputes when parents cannot agree,
  • Representing parents in court hearings,
  • Helping modify custody or visitation when circumstances change, and
  • Seeking emergency orders when a child’s safety is at risk.

Our goal is to help you protect your child’s well-being while reaching an arrangement that supports your relationship with them. 

Property and Debt Division 

You may know that California is a community property state. Being a community property state means that most assets earned or acquired during the marriage belong equally to both spouses, and those assets are community property. 

California courts typically divide community property equally, while spouses keep separate property. Separate property refers to assets that belong to one spouse only, such as property they had before marriage, got after separation, or obtained through gift or inheritance.

We help clients with:

  • Identifying community vs. separate property;
  • Valuing homes, retirement accounts, businesses, and other major assets;
  • Dividing property and debt;
  • Protecting personal belongings and financial security; and
  • Negotiating buyouts or creative property solutions.

We work to reach a fair outcome that supports your future.

When concerns arise that a spouse may be hiding or failing to disclose assets, we can utilize financial records, legal discovery tools, and, when necessary, forensic accounting to uncover the full picture and protect your rights.

Child Support 

Parents must support their children. Child support is money or other benefits that a parent provides to meet the care and needs of the child. Typically, the parent with whom the child does not reside pays child support to the parent with whom the child lives. Child support, however, is based on each parent’s income, so there may be other arrangements as a court sees fit.

We assist with:

  • Calculating child support according to California guidelines,
  • Requesting temporary support while a case is pending,
  • Enforcing support orders when the other party does not pay,
  • Modifying support when income or needs change, and
  • Challenging unfair support demands.

In California, child support typically continues until the child turns eighteen or graduates from high school, whichever occurs later, unless a court orders otherwise due to special circumstances.

Spousal Support

During or after a divorce, one spouse may be required to pay the other spousal support (also known as alimony). Spousal support helps a lower-earning spouse maintain financial stability. We assist with calculating support, requesting temporary support, enforcing support orders, modifying existing support orders, and challenging existing support orders.

Domestic Violence & Restraining Orders

Restraining orders, sometimes called protective orders, restrict someone from contacting or approaching you. In California, family courts issue Domestic Violence Restraining Orders (DVROs), while criminal courts issue Criminal Protective Orders (CPOs). Both offer protection, but they come from different sources and follow different procedures.

Our office can help with:

  • Emergency protective orders,
  • Temporary restraining orders,
  • Long-term restraining orders,
  • Requests to modify or terminate an order, and
  • Representation at restraining order hearings.

Your and your children’s safety come first. 

Mediation 

Mediation is a process in which a neutral person, not involved in your dispute, helps you reach an agreement. A mediator does not make decisions like a judge. Instead, they help you and your spouse talk through disputes to find solutions.

We recommend mediation when clients:

  • Want to avoid court;
  • Prefer a faster, more affordable solution; and
  • Want more control over the final agreement.

We can serve as your legal advisor during mediation and represent you throughout the process.

Prenuptial Agreements

A prenuptial agreement (“prenup”) is a contract created before marriage that outlines how the couple will handle their finances and property in the event of a divorce or separation.

We help with:

  • Drafting fair and enforceable prenups;
  • Reviewing prenups prepared by others; and
  • Advising on protecting property, family businesses, or inheritance.

Prenuptial agreements are about protecting both partners and reducing conflict in the event of the unexpected.

Modifications of Court Orders

Life circumstances change. You may need to modify custody, support, or visitation because of significantly changed circumstances, which may include, for example:

  • Job changes,
  • Relocation,
  • Changes in a child’s needs,
  • Loss of income, or
  • Safety concerns.

We help clients request or oppose modifications so court orders remain fair and realistic.

Enforcement of Court Orders

When someone fails to follow a court order, the judge can take steps to get the situation back on track. This may include ordering makeup parenting time, setting a payment schedule to catch up on missed support, directing a party to turn over documents or property, or, in more serious or repeated situations, using contempt proceedings or financial penalties to reinforce the order.

If a former spouse is violating a court order, we can help you take action. Courts can enforce:

  • Missed support payments,
  • Violated visitation schedules,
  • Violated restraining orders, and
  • Failure to follow property division terms.

Enforcement protects your rights and ensures agreements are honored.

How Long Does a Divorce Usually Take in CA?

The duration of a divorce in California can vary widely depending on several factors, including the case’s complexity, the level of cooperation between the parties, and the local court’s docket. California has a minimum six-month waiting period from the date the divorce petition is served on the other party before the divorce can be finalized. This waiting period is mandated by state law and is meant to give couples time to reconsider their decision.

The time it takes to complete a divorce in California can extend beyond the six-month waiting period, especially if it involves complex issues such as child custody, spousal support, and property division, and the parties cannot agree on these matters. Divorce cases commonly take several months or even years in more contentious cases.

If both parties can reach agreements on key issues, such as property division, child custody, and support, the divorce process can be expedited through mediation or negotiation. However, if disputes arise and the case goes to court, it can significantly prolong the divorce process.

It’s important to consult with an attorney or legal professional who can provide guidance tailored to your specific circumstances and inform you about the estimated timeline for your divorce case.

LGBT Family Law

LGBT family law encompasses a specialized legal practice focused on the rights and protections of LGBTQ+ individuals and families. This field addresses a range of legal matters, including marriage equality, adoption, surrogacy, parental rights, and relationship dissolution, all within California’s progressive legal landscape. Our dedicated team provides expert guidance to ensure that all clients, regardless of their sexual orientation or gender identity, receive comprehensive and tailored representation in matters relating to family and relationships. With a deep commitment to inclusivity and equality, we navigate the nuances of LGBT family law to deliver effective solutions that uphold our clients’ and their families’ rights and interests.

How Is Property, Such as a House, Divided in a California Divorce?

Here’s how property, such as a house, is typically divided in a California divorce:

  1. Community Property vs. Separate Property: The first step is distinguishing between community property and separate property. 
  2. Valuation: The value of the house and other assets must be determined. This is typically done through appraisals or assessments to establish the fair market value.
  3. Equity Division: If the house has a mortgage or other debts, those debts are also divided. The net equity (value minus debts) in the house is what’s subject to division.
  4. Agreement or Court Decision: Spouses can agree on dividing the property, including the house. If an agreement is reached, it can be submitted to the court for approval. If spouses cannot agree, the court will decide based on California’s community property laws.
  5. Consideration of Factors: The court may consider various factors in deciding how to divide property, including the length of the marriage, the economic circumstances of each spouse, and any other relevant factors.
  6. Sale or Buyout: In some cases, the court may order the sale of the house, and the proceeds are divided between the spouses. Alternatively, one spouse may buy out the other’s share of the house based on its appraised value.

It’s important to consult with a family law attorney experienced in California law to navigate the complexities of property division in a divorce. Additionally, it’s important to note that property division can be highly case-specific, and outcomes may vary based on individual circumstances and the court’s discretion.

Do I Need a San Mateo Family Lawyer?

Most people benefit from hiring an experienced family law lawyer. These cases can be emotionally overwhelming. Having an advocate on your side will help you stay focused and feel supported every step of the way. 

You may worry about the expense of an attorney, and you typically cannot get a pro bono family law attorney unless a private attorney decides to take your case for free—but this is rare. Even though you might not be able to get a free lawyer, lawyers like Ali Yousefi strive to keep their services affordable.

Contact a San Mateo Family Attorney

Contact our office today to speak to a high-quality San Mateo family lawyer. If you’re not in our service area, contact the California Bar Association and ask for an “affordable family lawyer near me.”