Family Law FAQ’s

What is a Contested Divorce?

A contested matter is any matter that involves the submission of any issue to the Family Court for resolution.  The Family Court has jurisdiction over issues involving divorce, paternity, domestic violence, child custody and visitation, child support, healthcare and childcare issues, spousal support or alimony, division of assets and debts, and any other issue contemplated in the California Family Code. Issues involving temporary order requests are often submitted to the Family Court for resolution in divorce cases in the form of an “Order to Show Cause” or “Notice of Motion”.  For issues requiring permanent orders, issues are submitted to the Family Court at the time of trial.

What is an Uncontested Divorce?

An uncontested matter is any matter that is resolved by an agreement, or stipulation, between the parties outside of court.  Most agreements between parties must be filed and approved by a judge or commissioner of the Family Court.  There are many legal requirements that must be met at the time an agreement is submitted to the Family Court for approval.  The attorneys at Wilkinson & Finkbeiner, LLP are familiar with these requirements.  In addition to the requirements set forth in the California Family Code and San Diego Superior Court Local Rules, there are many other considerations that our attorneys contemplate in drafting agreements and stipulations within uncontested actions.

What is the Difference Between a Divorce and a Paternity Case?

There are only a limited number of ways that cases fall under the jurisdiction of the Family Court.  Most notably, these cases involve divorce or dissolution, paternity, and domestic violence.  There are several differences between a divorce case and a paternity case.  First, a divorce case may or may not involve children.  Paternity cases always involve children.  Second, parties to a paternity case share a child together, but they are not married.  Third, the issues involved in divorce cases usually vastly differ from issues involved in paternity cases, although they share overlapping issues like child custody, visitation, and child support.  Divorce cases usually involve division of assets and debts, spousal support, and other issues that are not contemplated in a paternity case.

My Case Involves Complicated Issues.  How can My Attorney Help?

Many family law matters involve complex litigation, including high-value asset division, resolution of complicated real property issues, taxation issues, third party joinder issues, concealment of assets, child psychology issues, separate property management, interstate issues, and so on.  Our attorneys are experienced in dealing with these complicated issues and excel in creatively and effectively resolving tough problems.

What is the Difference Between “Legal” and “Physical” Child Custody?

Legal custody is the right to make decisions about a minor child’s health, safety, education, religion, welfare, etc.  Physical custody is the actual time a parent spends exercising custody and control over a minor child.  Absent unusual circumstances, both parents usually enjoy the right to exercise “joint legal custody” over their minor child or children.  If parents enjoy a “joint physical custody” arrangement it means that each parent has approximately fifty percent exercise of parental custody and control over their minor child.

Why Do I Need a Family Law Attorney?
California Family Law is an extremely complicated field of law that could have dramatic affect on you and your family.  Our educated, sincere and professional attorneys will guide you through the most difficult of legal and emotional issues.  Our law firm offers a free, confidential consultation to discuss your matter.  As a result, you stand to lose nothing by calling and scheduling an appointment with one of our qualified attorneys.

When Do I Need a Family Law Attorney?

It is essential to have an experienced and trustworthy family law attorney working hard for you right away under most circumstances.  There are a variety of options available to you which should be explored immediately, not all of which will be available upon delay.

What are the Advantages of Retaining a Family Law Attorney?

-Property settlements and litigation can be very complicated.  Our attorneys will help you protect your community and separate property interests.

-Child custody, visitation and support disputes can likewise be very complicated.  Our attorneys will counsel you in these most important of issues.

-Experienced attorneys will ease your stress by taking responsibility during all facets of your case.

How much does it Cost to Retain an Attorney?

Our attorneys will diligently work and creatively explore avenues to settle your case without litigation.  In the event litigation is unavoidable, our attorney fees are affordable and reasonable.  In many cases, attorney fees may be paid by the other party.  You will realize that the benefit of hiring our attorneys far outweighs the cost.

How Will I be Involved in My Case?

Our attorneys will creatively explore many different options to help settle your case or succeed in litigation.  We will take you step by step through each process, ensuring that you are apprised of your options.  Our experience in this field is the vehicle to your success, but you will remain the driver.

Contact our Attorneys

For further information or to discuss your family law issue, we invite you to schedule a free confidential consultation with an experienced San Diego lawyer by calling us at (619) 284-4113, e-mailing us, visiting us, or filling out our intake form on our Contact Us page. The parking and confidential consultation are free.