Family Law FAQ

• Why do I need a family law attorney?
• When should I hire a family law or divorce attorney?
• What is the difference between a divorce/dissolution and a paternity case?
• What is a contested divorce?
• What is an uncontested divorce?
• Does my case involve complicated issues?  How can my attorney help?
• What is the difference between “Legal” and “Physical” child custody?
• How much does it cost to retain an attorney?
• How will I be involved in my case?

Why do I need a family law attorney?

California Family Law can be very complicated as it encompasses many different areas of law.  Family Law cases usually have a financial and emotional impact on you and your family.  Our Orange County family lawyers are very experienced in this complicated area of practice and will treat your case in a professional and straightforward manner.  We offer a free, confidential consultation where we will meet with you in person, discuss your case, explain your options in a clear and concise manner and give you our best estimate as to costs and likely outcome.

When should I hire a family law attorney?

Because family law matters involve complex financial and emotional issues, it is always advisable to hire an attorney, who is not emotionally involved in your case, to represent your interests and protect your rights.  Our attorneys will also act as a buffer/liaison between you and the other party, or their attorney, which will reduce the animosity and stress in your case leaving you to concentrate on more important things.

What is the difference between a divorce/dissolution and a paternity case?

A Divorce/Dissolution involves parties who were married to each other or registered their domestic partnership.  A Paternity action involves parents of a child born outside of a marital relationship.

Issues involved in a divorce may include division of property and debts, spousal support, as well as custody/visitation and child support.  A paternity action involves issues of child custody/visitation, child support, pregnancy costs and the like. The family court has the ability to hear cases involving custody, visitation and support while the Department of Child Support Services (DCSS) may only hear issues involving support.  DCSS has no jurisdiction (ability) to enter orders concerning custody.

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 Local Rules, there are many other considerations that our attorneys contemplate in drafting agreements and stipulations within uncontested actions.

Does my case involve complicated issues?  How can my attorney help?

Family law cases can involve complicated issues of the following:

• Characterization of assets (ie: Whether an asset is separate, community, or a combination of both)
• The most advantageous way to divide high-value assets
• Whether reimbursements and credits are owed
• Real property ownership issues
• Tax implications of orders during a case
• Whether to file for innocent spouse relief with the IRS
• Whether a third party should be included in the case (ie: joinder)
• Whether a party is concealing assets
• The involvement of a therapist or psychiatrist
• Appointment of a expert for forensic accounting or valuation issues

Our attorneys are experienced in dealing with all of these complicated issues. By hiring our firm we will help you navigate through these issues, explain your options and the costs associated with these issues, and work to creatively and effectively resolve tough problems in a fair and cost-effective manner.

What is the difference between “Legal” and “Physical” child custody?

Legal custody involves issues concerning a child’s education, safety, health, welfare, religion, and other fundamental rights.  Physical custody involves the day-to-day parenting schedule of when a child is with each parent.

Generally, a court orders parents to share “joint” legal custody of their child.  Joint physical custody involves each parent spending one-half of their time with the child.  If one parent has more than 50% of their time with the child, then that parent is the “primary custodial parent” while the other parent has “visitation.”  They are child support and tax implications involving parenting time.  The attorneys at Wilkinson & Finkbeiner, LLP can assist you with these matters.

How much does it cost to retain an attorney?

In addition to our free consultation, Wilkinson & Finkbeiner, LLP offers affordable rates and pre-approved payment plans.  In some cases, attorney fees may be paid by the other party.  To keep the costs down, our attorneys will work to settle your matter without litigation, so long as the terms are favorable and agreeable to you.  In the event litigation is unavoidable, our attorney will explain the costs anticipated and work with you to come to the best resolution.

How will I be involved in my case?

Our attorneys will keep you actively involved in your case.  We will explain each step of the process, ensure you understand your rights and obligations, and make sure your wishes and goals are being met.  It is important that you understand the process so that you can make an informed decision concerning each issue.  Our attorneys promise to explain these issues to you in a straightforward manner so that your decision is sound.

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 Orange County lawyer by calling us at 714-667-0045, e-mailing us, visiting us, or filling out our intake form on our Contact Us page. The parking and confidential consultation are free.