When someone refers to family law, they are referring to an area of civil law that manages legal disputes when they arise within families. Dana Point family law cases involve a wide range of legal matters, from divorce and child custody to financial issues and even, sometimes, criminal charges. Many families find that mediation with a divorce lawyer is an effective way to get through many of the problems they face together without having to go to family court. Finding the right Dana Point family law attorney can make a big difference in the resolution of your case.
At the Dana Point Dorie A. Rogers, APC, you will find compassionate and knowledgeable legal counsel that brings more than 30 years of experience in family law to the table. Dorie A. Rogers is a family law lawyer with a background in psychology. She also holds one of the most prestigious legal certifications available in California, the State Bar of California Board of Legal Specialization’s family law specialist certification, an honor granted to the few lawyers who exhibit a standard of excellence in family law practice that qualifies them as competent enough to fulfill the rigorous certification requirements to achieve this level of entitlement. Whether you are looking for a divorce attorney or a child custody attorney, we are confident our services will meet your legal needs within family law.
Dana Point Practice Areas
Contact the Dorie A. Rogers
When you first step into our offices, we will walk you through the entire process, so you will know what to expect. Taking the time to understand your family dynamics and goals, we will help you develop a strategy at our first meeting. From that point forward, we will continue to pursue your rights in accordance with our strategy whether it is with hearings or negotiations until the time of trial or conclusion by settlement.
With our strategic planning we will be prepared from the onset to accomplish our goals regardless of the challenges we encounter. Gathering all of your financial information we will collect a complete picture as we determine if outside experts should be brought in to strengthen your case. We work with a network of forensic accountants, psychologists, and investigators in order to best assist our clients in furthering their goals. We can also refer you to counselors as needed.
Areas of Family Law
Family law covers a vast scope of legal actions, and like many people, you may not realize what family law consists of. Most people associate family law with divorce and do not know the bigger picture of family law consists of more than just divorce. A good family law attorney can wear many hats at once and will be able to handle whatever legal issues you have, even if you require multiple legal actions at once. Below are some areas of family law that many Dana Point residents do not realize also fall under the umbrella of family law.
Prenuptial or Postnuptial Agreements
Marital agreements are often cited by couples as positive factors in sustaining a happy marriage. A prenuptial agreement is a document signed before marriage that outlines what will happen in the event of a divorce. A postnuptial agreement is signed after marriage and is often an attempt at resolving an issue that could potentially lead to the couple’s divorce. In the event of divorce, both documents, in essence, simplify the process. The right family attorney can help you draft both of these documents in a respectful and healthy manner.
Paternity Actions
Proving paternity to either establish child custody, child support, or both can be a difficult process, especially if one of the parents is not cooperative. Enlisting the help of the right family law lawyer with extensive experience in paternity cases can provide insight into the responsibilities and realities of parenthood for one or both parents.
Modification of Orders
Many times, families who are already under a court order that was previously established within a divorce decree or within another capacity of the courts find the need to modify their existing court order. Post-judgment modifications often involve child support, child custody, a parenting time schedule, spousal support, or the relocation of a parent, or it may meet other similar needs. This must be done through family court and can be an easier process with the added assistance of a knowledgeable family law attorney who knows the intricacies of family law and court procedures.
Enforcement of orders
When a party fails to meet the requirements of a court order, they are in violation of family court. For example, this may be a parent who fails to pay child support or follow a custody and visitation schedule that was court-ordered as part of a divorce decree or other legal capacity. The family court expects individuals to follow court orders, and when they do not, the orders must be enforced by legal action. A sound and well-established family law attorney can help individuals seek legal solutions to hold non-compliant parties accountable.
Domestic Violence
Anyone seeking protection from an abusive spouse or partner can be difficult, especially if a divorce is involved and even more so when children are involved. State laws are put into place to protect individuals who are victims of domestic violence, and due to the complexities of these laws, it is a good idea to hire a family lawyer to walk you through the processes of legal action. This will ensure all procedures are followed according to the requirements of the court in order to offer the highest level of protection the law allows. Unfortunately, some individuals misuse domestic violence charges as a way to retaliate against their spouse. Whichever side of the fence you are on, a respectful family law attorney can help you steer your case in the right direction and on a path that will result in an ideal outcome for you and your family.
Cohabitation Agreements
For couples who want to live together but not get married, they may get a cohabitation agreement that delineates areas of the relationship. These agreements can strengthen a cohabiting relationship and also simplify a breakup. These agreements often list separate and community finances, including bank accounts, shared property, debt, and even pets. Cohabitation agreements are much like prenuptial agreements but without the marriage that follows.
Property Tracing and Financial Discovery
Property tracing and financial discovery are methods used in determining property division, a common issue in divorce cases. Property tracing can be used to find the original ownership of a property and the date it was secured in order to establish whether or not it is community property within a marriage or separate property obtained outside of marriage. Financial discovery is the means of inventorying marital assets amid divorce proceedings. It involves accessing and gathering bank account and investment account statements, credit reports, tax records, business records, receipts, and any other financial documents or evidence that can determine the assets of a married couple for the purpose of determining the division of property in accordance with state law.
Divorce Mediation
For spouses wishing to get divorced without expensive litigation in court but who can’t come to an agreement on an uncontested divorce, a family law attorney who is well-versed in mediation services can provide a safe place and a unique perspective that can guide divorcing couples to find common ground so they can come to an agreement regarding the terms of their Dana Point, CA divorce.
Family Law Attorney FAQs
Q: Can My Spouse and I Use the Same Divorce Attorney?
A: No, two parties involved in a divorce cannot be represented by the same attorney. Even if your divorce is uncontested, the attorney who draws up the papers to file for your divorce can only represent one of you; otherwise, it would represent a conflict of interest and be inappropriate. You can, however, both use attorneys from the same law firm.
Q: How Long Will My Divorce Take?
A: The minimum timeframe for a divorce in California is six months. However, it can take significantly longer, depending on what your case entails. If proceedings are contested and must go to court, this could draw out the case indefinitely. The time depends on the court’s schedule and docket. Other components of divorce that could draw out the time it takes to finalize the divorce include the discovery of financial information and an attempt to come to an agreement outside of court.
Q: How Much Will I Have to Pay in Alimony in California?
A: State law defines the guideline for spousal support to be equal to 40% of the paying spouse’s monthly net income, minus 1/2 of the receiving spouse’s monthly net income. In the event child support is also required, child support is calculated first, and then spousal support is calculated.
Q: Why Is the Date of Separation Important?
A: The date of separation in a divorce is important because, along with the date of marriage, it is a determining parameter by which marital property and separate property are defined. Anything obtained before marriage and after separation is defined as separate property. Gains within those dates are considered marital property. This can also be an important factor for courts in determining other areas of divorce, such as property division, spousal support, and even child custody.
Employing the Help of a Dana Point Family Law Attorney
If you are in need of the legal services of a qualified and reputable Dana Point family law attorney, consider the Dorie A. Rogers, APC. We are goal-oriented for our clients and offer the highest standard of legal services you can obtain. You may regret hiring a different attorney or not hiring an attorney at all, but you won’t regret hiring our competent and top-notch legal team. Our experience and knowledge speaks for itself. Contact the Dorie A. Rogers, APC, to learn how you can retain our services and meet your goals within the allocations of family law in Dana Point.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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