Fighting Assertively for Your Spousal and Parental Rights in Court
Sometimes the only way to settle your divorce is by going to court. If you and your spouse disagree about your divorce and the ensuing disputes like child custody, you will have to proceed to trial with a contested divorce. Having a good lawyer at this stage is essential to protecting your interests and rights as the judge makes the final decision about your divorce.
Ham Family Law, P.C. will guide you through the court process step by step, and we will provide the compassionate and assertive trial representation you need to fight for a favorable outcome. We understand that your future is at stake, so we will do our best to protect it.
Schedule an initial consultation with Ham Family Law, P.C. to get started. Representing spouses in Alameda and Contra Costa Counties.
In California, there are four steps for getting a divorce that occurs over 6 months or more:
- Filing a petition for divorce.
- Disclosing financial information to each other.
- Deciding how to settle your disputes.
- Finalizing the divorce.
Cases that typically proceed to trial are contested divorces where spouses disagree with one another over several legal disputes, even possibly the divorce itself. One of the most contentious stages in a divorce is the court battle that will determine how certain disputes must be resolved. This means the judge will decide on issues like child custody, child support, and property division if spouses are unable to reach an agreement in mediation.
The judge will consider several factors when making a decision on the couple’s divorce disputes. Recall that the court’s primary guideline for awarding custody and visitation in California is the child’s best interests, which include:
- the child’s age;
- the child’s preference if they are 14 years or older;
- the child’s health and medical needs;
- the emotional ties between each parent and the child;
- the child’s ties to school, home, and community;
- the ability of each parent to care for the child;
- any history of family violence or substance abuse.
When deciding on the child support award, the court will similarly consider the child’s best interests as well as both parents’ financial situations, such as:
- each parent’s gross income;
- how many children the parents have together;
- how much time the child spends with each parent;
- mandatory union dues;
- health insurance expenses;
- either parent’s childcare costs; and
- income tax and mandatory payroll deductions.
It is crucial to have an experienced lawyer on your case when you are facing courtroom decisions like the above, as your attorney can provide the relevant information about your situation and why you are pushing for a certain arrangement. Perhaps you have a closer relationship with the child as their primary caregiver in the home, or perhaps the other parent has a history of alcohol addiction. If your lawyer can prove your case, you may be well on your way to a favorable outcome from the judge.
Litigation is a stressful and emotionally draining process. Trials can drag on and take a significant mental and emotional blow on parents already in conflict with one another. Our firm believes it is best for parents, especially co-parents, to settle their disputes in mediation when they can, as this can help avoid a heated courtroom battle. However, our attorney has also been fighting for parents and spouses in court for 14 years and has a proven track record of family litigation. She is more than prepared to take your case to trial if it needs to go there, and you can trust her to strategize an efficient case for you.
Don’t go through your divorce alone, especially when you are facing an unpredictable courtroom battle. Let Ham Family Law, P.C. fight for a favorable settlement. Contact our firm to get started today.
Caroline is an amazing lawyer. She was well prepared for my case and was even complimented by the Judge on her preparation. Her professionalism and compassionate demeanor helped my family through a very emotional child surname change case.