Rancho Cucamonga Family Law Attorney
As a family law attorney in Rancho Cucamonga, Burga Law Firm PC works hard for you. We make sure that your rights are protected. Whatever your case or your situation is, give us a call.
You and your spouse are no longer happy. The relationship has ended. At times like this, divorce may be the best choice in order to protect your legal rights. However, divorce can be difficult and stressful. It can lead us to commit acts or make decisions that can negatively affect the outcome of our case. At times, our friends and family will offer advice with their best intention. However following their advice, without the guide of a Divorce Attorney, can be risky. At Burga Law Firm PC, we represent divorce clients in Southern California. Burga Law Firm PC focuses on San Bernardino Family Law, Riverside Family Law, Los Angeles Family Law, and Orange County Family Law cases.
Custody consists of two parts, which are Legal Custody and Physical Custody. The court looks at the best interest of the child to determine child custody. The best interest of the child is to have frequent and equal visitation with each parent. However, sometimes the best interest of the child is to spend more time with one parent than the other. Click here to learn more about Child Custody
The parent without physical custody, also known as the non-custodial parent, most likely will have to pay child support to the custodial parent. This is however, calculated by the percentage of time the non-custodial parent spends with the child, and the income of both parents. Child Support cannot be terminated. Once established, it is payable until the child graduates High School, and if the child doesn’t graduate High School, when the child turns 19. During this time, it can always be modifiable. However, it requires substantial changes in the circumstances, such as a reduction or increase of income, job loss, etc.
There are two types of spousal support orders in California. If the parties have been married less than 10 years, spousal support, if ordered, is only temporary. It last for half of the time that the parties were married. If the parties have been married for more than 10 years, spousal support becomes permanent. Permanent spousal support is payable until the receiving spouse either remarries, dies, or by order of the court.
California is a Community Property state. Meaning, everything incurred or acquired during the marriage is presumed community property. Community property, at divorce, is divided in equal shares between the parties. However, the parties get to keep their Separate Property, subject to any community interest. Property acquired before the marriage or after separation is presumed to be the separate property of the party, subject to any transactions performed during the marriage.
Many people think that prenuptial agreements are romance killers. However, it actually protects each party’s interest in the case of a divorce. Prenuptial Agreements can help each party establish their terms in case of a divorce. It saves the parties the money and time that parties without a Prenuptial Agreement spend in court and attorney fees.
If you have a court order for custody or support and it’s just not working out anymore, give us a call! We can help you with getting an agreement with the other side, or go back to court to modify your court order. Modifications, however, have certain requirements such as showing substantial changes in the circumstances, material changes in income, etc. Many people go to court alone requesting a modification. They often get denied because they were unable to show these requirements. At Burga Law Firm PC, we can help you determine if you have sufficient facts to help you modify your court order.
Usually, when a party wants a court order, they file their request and they are given a court date in the regular calendar. That sometimes can take 1 to 2 months to see a judge. However, if there is an emergency, the court can hear your case within 1 day. Do you believe that you have an emergency? In cases involving child custody or visitation, the courts will look to see if the child is in danger of imminent harm or risk of abduction. The orders are issued temporary pending a hearing. If you are in need of an Ex Parte order give us a call! (909) 538 8320.
Domestic violence is a serious problem that can take on many different forms. They are physical assaults or severe emotional abuse. If you are suffering emotional abuse, you may be blamed for everything that goes wrong. Are you being criticized for seemingly small offenses? Are you being called derogatory names on a regular basis? Are you being yelled at repeatedly and even humiliated in front of your friends and family. In some cases, the abuser may live elsewhere; but may come to your home or make harassing phone calls in spite of your attempts to break contact. All of these situations have the potential to erupt into violence.