Divorce, Separation & Paternity Cases

Divorce or dissolution of marriage matters involve settling the following issues: Separation date (affects property rights and spousal support rights); split of all separate property and community property assets and debts, including all financial accounts (banks, retirement, and investment accounts, loans and other debts), and sale of community property houses; sole or joint legal custody and physical custody including co-parenting time or visitation time split and split of transportation for the kids; move away orders; child support and day care cost split, guideline child support, short term or long term spousal support under California law, and split of attorney fees.

These issues are often very complex and involve your future work schedule and personal life, your relationship with your children, and many financial and practical concerns. Even if you have no assets or debts, there are issues of support and settlement and mandatory disclosure documents and steps you must take to move your case faster. Mr. Nagle will explain to you the law on the issues in your case and how to proceed to get the best results for you and save money.

Separation cases are the same as dissolution petitions, but you stay legally married for financial or personal reasons. Paternity cases or Petitions to Establish Parental Relationships involve similar issues but not a split of property or accounts.. However, oftentimes, the litigation over child support, split of custody and daycare split involve accusations of one parent having problems with ability to co-parent or a parent hiding their income and the need for attorney fees for one party and these cases can be very complex and you need the help of an experienced attorney.

Child Custody, Legal and Physical

Unless a parent is unfit, in jail or has abandoned the child, joint legal custody is usually awarded, but one parent oftentimes is awarded the right to make decisions on health care, schooling or other activities- if the other parent is unreasonable or unavailable to make informed decisions. However, physical custody is often awarded as primary to one parent, although the Family Code public policy states it is presumed that a 50/50 time share split is in the best interest of children.

With that said, often it is not, and those facts showing it is not must be developed with documentation and testimony to prove to the court that your children would be better served with a particular time share schedule in relation to their stability, schooling and individualized situation.

An experienced attorney makes a big difference in getting you a proper award and in mandatory mediation or other settlement attempts. Sometimes you must obtain the help of a court appointed attorney for the children and Mr. Nagle can help you file the proper motions and support them with declarations and hearings to make that happen.

Domestic Violence and Civil Restraining Order Cases

If you had a romantic relationship, then you can seek a Domestic Violence Restraining Order, if you or your children are in physical danger or victims of repeated verbal abuse or in some type of danger from the other party. It will often result in a kick out order and stay 100 yards away and have no contact for 3 to 5 years. That really affects your parental rights and life and there is a state run list you will be on (can’t own no guns) for the time the restraining order is in effect.

Mr. Nagle spends about one third of his practice on defending and prosecuting such case and has done these trials and hearings for many years.

The law is complex in this area and you really are not allowed much discovery prior to any hearing or trial. It pays to have an experienced attorney help you do your trial or hearing. Civil restraining orders involve siblings, relatives and neighbors where one is threatening the other. The standard of proof for civil restraining orders is clear and convincing evidence and is much higher than the more probable than not standard the threatening conduct occurred- that applies to Domestic Violence cases.

Child Support, Spousal Support and Split of Day Care Costs

Proving what the other party actually makes, involves much discovery often. Child support is determined by a guideline computer program, which uses a number of factors other than just your income, such as coparenting time and certain payroll deductions. Many parents are self-employed and proving their income takes much effort and subpoenas and written discovery. An attorney definitely helps. Long term spousal support is complex in California and involves numerous factors. Just the forms are complex and extensive.

To navigate getting or defending long term spousal support (marriages 10 years or more) it is highly advisable to obtain the services of an experienced attorney, who at a minimum can help you attempt to settle this complex issue and take the matter to hearing and trial as necessary to get you a good result. Under the Family Code split of day care costs is mandatory, but often a party has a problem proving up how much they paid.

Split of Houses, Businesses & Retirement & Financial Accts

Unfortunately, discovery is often very lengthy, extensive and can be expensive, especially if you are not represented by an experienced attorney who can avoid issues that are easily settled and should not be a big problem or issue. Split of valuable businesses requires a proper accounting and inventory and sale of the business or buy out. It is very complex.