Saratoga Family Law Attorney

Saratoga Family Law Lawyer

Family law is a complicated field that covers everything from prenuptial agreements and divorces to restraining orders and more. If you’re dealing with an issue related to your children or current or former spouse, a Saratoga family law attorney can address it.

Trust the Law Offices of Rod Firoozye

The Law Offices of Rod Firoozye has been exclusively handling family law cases since 2004. In that time, we’ve handled nearly every imaginable type of case. From complex divorces to child custody battles, we’ve seen all varieties of family law cases, so we know how to bring our knowledge of the relevant laws to bear on your situation. Whether you need to fight for your parental rights or want to request a modification to your spousal support order, you can trust us to represent your interests.

Why Hire a Family Law Attorney?

California has one of the lowest divorce rates in the United States, at 5.88 divorces per 1,000 women aged 15 and older, compared to the national rate of 7.1 divorces per 1,000 women. That doesn’t make divorce any easier for the couples going through it, though. Our firm can simplify the process and make it as smooth as possible.

Some may question whether family lawyer cost concerns should prevent them from seeking legal representation. Unless your case is incredibly simple and you and your spouse are in complete agreement, it’s always worth hiring a Saratoga family lawyer. Your lawyer can explain the complexities of the case and support your rights throughout it. An attorney can also negotiate on your behalf and, if your case goes to court, they can provide representation.

What’s Covered Under Family Law?

Family law covers a wide range of issues. The most common issues handled by family lawyers include:

• Divorce
• Child custody
• Child support
• Spousal support
• Prenuptial agreements
• Adoptions
• Restraining orders

Some family lawyers also handle matters like child abduction cases and breaches of fiduciary duty. If you’re not sure whether a family lawyer is the right legal professional for your case, you can schedule a consultation and ask all your questions directly.

Divorce in California

Divorce refers to the dissolution of a marriage, and it often involves complex issues such as property division, child custody, and spousal support orders. You should always hire a family lawyer to help with your divorce, especially if it’s contested and you must go to court at the County of Santa Clara Superior Court of California.

Contested vs. Uncontested Divorces

In an uncontested divorce, both spouses agree about all the major aspects of the divorce. They may require mediation to get to this point. Nevertheless, at the end of the mediation sessions, they will have resolved all questions regarding child custody and support, spousal support, asset and debt division, and other essentials.

In a contested divorce, the couple cannot come to an agreement. The case must proceed to court, where a judge will issue divorce orders stipulating:

• How property is to be divided
• The party who gets custody of the children
• Whether child or spousal support orders will be put in place

It costs more to get a contested divorce than an uncontested divorce, and it also takes much more time to finalize the process.

Prenuptial Agreements

One way that couples avoid expensive divorce proceedings is to sign prenuptial agreements prior to getting married. These contracts set out how all the essential matters described above will be handled in the event of a divorce or death, so there’s nothing to argue about.

Domestic Violence Cases

Some family law attorneys handle restraining orders in domestic violence cases as well. Restraining orders often become necessary when one spouse becomes angry and violent toward the other spouse or their children. If you need a restraining order, don’t hesitate to reach out.

FAQs

How Much Does a Family Law Attorney Cost in California?

How much a family law attorney costs in California varies based on factors such as what type of issue you are trying to resolve and how much experience your lawyer has. Complex cases cost more than simple ones, and lawyers with more experience in the field of family law may charge more for their services. However, this is because they have the knowledge required to obtain optimal results.

What Is the Seven-Year Rule in California Marriage?

There is no seven-year rule in California marriage. The concept is derived from common-law marriages, which do not exist in the Golden State. Here, you are not legally married unless you obtain a marriage license and have a ceremony. It doesn’t matter how long you have been with your partner, so the seven-year rule that typically defines common-law marriage does not apply.

What Is the Five-Year Rule in California Divorce?

The five-year rule in California divorce refers to the difference between short-term and long-term marriages, which is set at five years. When short-term marriages dissolve, courts tend to treat both spousal support and property division differently than they would if the marriage lasted longer than five years and was considered a long-term marriage. Long-term spousal support is unlikely, and previously private assets are less likely to be deemed communal.

Who Wins Most Child Custody Cases?

Historically, mothers won most child custody cases. Today, courts prioritize the child’s best interests over all other concerns, including the parents’ genders. The parent who wins the child custody case is usually the one who demonstrates a stable home environment and has provided most of the caretaking for the child prior to the divorce.

Your Saratoga Family Law Attorney

No matter what kind of family law case you are going through, the Saratoga family law attorney from the Law Offices of Rod Firoozye handles everything from complex divorces and child custody cases to restraining orders. We have been in practice since 1996 and, since 2004, we have exclusively taken on family law cases. You can trust us to help you resolve your issue. Contact us to schedule an initial consultation today.