Newport Beach Family Law Lawyer
Difficulties with your family can be troubling to deal with alone. If divorce or custody issues have started to become a reality that you are having to go through with your partner, it may be time to consider legal consultation. A family lawyer can help you secure your finances and help in custody agreements that can affect how much you see your children every year or how much you have to pay in child support.
A Newport Beach family law attorney can help you get the security that you need in the event of a family crisis. Dorie A. Rogers has been a practicing attorney for nearly 30 years while continuing to negotiate divorces and child custody disagreements. If you are concerned about the wellbeing of your kids after a divorce, alimony, or property division, Dorie A. Rogers can provide you with the expert legal counsel necessary for your case.
Contact the Law Offices of 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.
What Does a Family Law Attorney Do for Me?
A family law attorney is a lawyer dedicated to negotiating disagreements between married couples. Some of the more common disagreements that family lawyers mediate are:
- Child support
- Property division
- Domestic violence
In the event of a family disagreement or split, a family lawyer will then come in to help negotiate an agreement between the two parties. This can range from civil domestic cases, childcare, or other serious concerns that are at play when two people get divorced. A family lawyer can help protect you from financial crisis and limit the amount of alimony or child support you might have to pay or work with the other lawyer to take your requests into account.
What Can a Family Lawyer Do for Domestic Violence?
Although family lawyers are not criminal lawyers, they will fight domestic violence cases in civil court. In the case of domestic violence, criminal charges will be taken over by the criminal court system separate from the civil case of family violence. The civilian case still needs representation, which is where a family lawyer comes in.
Domestic violence can completely overturn the normal proceedings of a divorce case. It could lead to no or limited visitation rights for the abusive spouse, more severe payments, jail time, or worse. If you or your children have been abused in a relationship, you should immediately call a family lawyer to seek the help you and your children need.
What Is the Difference Between Alimony and Child Support?
Although you might have believed otherwise, alimony and child support are not the same thing.
Alimony is completely separate from any children in the family and serves instead as spousal support. In the event of a divorce, the ‘breadwinner’ of the marriage may have to pay alimony to the other partner to support them if they have to move or may otherwise be deemed unable to support themselves after the divorce. The amount paid is usually calculated at 40% of the paying spouse’s net income before child support, but this can vary per state regulations and by lawyer agreement.
Unlike alimony, child support is intended to be used solely for the care of the child. This means new clothes, toys, insurance, groceries, or other necessary bills to maintain the health of the child are directly correlated to the use of child support. Child support is intended to be used for direct relief for the parent who has primary custody of the child.
Both alimony and child support are determined by the state. However, alimony and child support can both be negotiated to be lower or higher than the state standards, as long as they are within reason. Many states have minimums and maximums that an alimony and child support payer would be responsible for, which is why it is normally done in the presence of both sides’ lawyers.
If the court is the one making the decision in a hearing, the payment will base the alimony or child support payments based on the gross monthly income of the paying parent usually set at a predetermined amount or percentage, depending on which is lower.
What Happens During a Custody Case After Divorce?
What happens during a custody court hearing depends greatly on the wishes of the parents. If you are going to a court hearing, the judge will be the one who determines who gets custody of the child, based on the parents’ current conditions and their parenting plan.
Before you go to the hearing, you’ll need to come up with a parentingplan. This plan is a calendar that outlines what you would have the child do during the day, where they would spend vacation time, and overall, what you would have the child do in your care over the course of a year. You can choose to submit a plan both you and your ex-spouse agree on, or you can file separately for the judge to decide upon. During the hearing, the judge will analyze both plans and ask questions to better understand what each parent wants from their given parenting plan, before making a decision.
While the parentingplan is a critical part of the process that shows what the parents would like to do in terms of raising their child, the judge will also evaluate the child’s best interests. This includes but is not limited to:
- Child’s relationship with each parent
- Child’s sibling relationships
- Continuity of child’s life
- The health of each parent
- Income and living conditions of each parent
Once the judge decides on a plan, they would then discuss the custody details with the parents and figure out what the most agreeable options are available.
Alternatively, one of the more popular options during a custody case after divorce is to settle it through negotiations outside of court. This is usually done in the presence of the two lawyers who will work with each spouse on the details of their agreement. Often, the court might not make the best decision for the parents, making mutual negotiation one of the best options to reach a compromise.
After the negotiations have been settled, it’s up to the parents to follow the parenting plan designated by the court, or through negotiations. If the parent with custody decides to not follow the parenting plan, the other parent could file for contempt of court against the custodial parent resulting in a change of custody or modification of the parenting plan, depending on the situation.
Mediation in Family Law
When you are going through a family crisis, mediation may be the best way to preserve family relationships. Sometimes a little bit of guidance on a difficult topic from a neutral third party is one of the best ways to save a situation or come to peaceful terms with a difficult situation. It could be parental guidance, financial guidance, or simply advice in which a situation has come up before or after the court proceedings.
In mediation, a third party observes the situation that your family is in from both sides and talks with each party individually, to come up with a decision. Their recommendation comes from a purely neutral standpoint, which you can trust is unbiased, giving the child affected the best outcome. You can even make mediation binding in court, making it a great way to formulate parenting plans with professionals who will look at the situation from the outside. If you don’t want to risk conflict or want another opinion on a difficult decision, mediation is a good choice for those who are going through a family crisis.
What Is Minor’s Counsel?
Minors have some rights when it comes to family law. Although they are bound to a legal guardian until 18, when a divorce happens, they can choose who they favor, give their views, or their preference on a particular arrangement, provided they are of a certain age. California has requirements that minors involved in family disputes with child abuse or parental negligence are required to have a form of minor’s counsel if they are old enough at the time.
Minor’s counsel is specifically the right to legal counsel for a minor when they are involved in such cases. They could be court-appointed lawyers and when multiple children are present, the court may assign legal counsel to each child individually. Minor’s counsel isn’t always necessary or present when a divorce happens, but either the judge or you as the parents could still take the child’s opinion into account during the proceedings.
How Do I Choose a Good Family Law Attorney?
A good family lawyer will have plenty of experience, be willing to communicate and be confident in their work. Dorie A. Rogers is an expert in family law who has almost 30 years of experience negotiating with families to reach mutual agreement while fighting for your rights and interests. Don’t wait when it comes to hiring an experienced lawyer who knows how to fight for you. Contact us online to get a lawyer on your case today.
“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.”
How Much Does a Divorce Lawyer Cost in California? (2023)
Divorces are widely known for being expensive. Between constant court dates, hiring a lawyer, [...]
2023 Statute of Limitations Domestic Violence California – All You Need to Know
Domestic violence is a serious crime that can have long-lasting effects on both the [...]
California Divorce Process Step By Step
The divorce process is unique for everyone that goes through it. You could have [...]