- Divorce
- Child SupportOnce your Petition for Divorce has been filed, the petitioning spouse must have the Petition and all other relevant documents served on their spouse. Usually by personal delivery. Upon receiving the documents, the respondent has 30 days to respond. During this time, each party is responsible for disclosing all assets and debts. As the process progresses, any custody arrangements and child support payments will need to be agreed upon and solidified. These arrangements are usually temporary and can be modified at a later date.
- Child Custody and VisitationIn the petition or response, each spouse will alleage a “date of separation”. Once the date of separation is determined (by the court as trial or by agreement of the parties), this is the date that all accumulation of community property assets and debts will cease to accrue. A “legal separation” is the formal process conducted through the court system that divides the parties’ assets and debts and establishes child custody arrangements and child support. This process is commonly sought out by couples who are not sure they wish to divorce or would like to stay married for religious reasons or to continue receiving insurance benefits through their spouse’s employment.
- AdoptionThough our attorneys have earned a reputation for their expertise in litigation, we realize that many clients prefer to resolve their family law issues on a more amicable basis. Prescott & Prescott can assist in finding a mutually agreed upon solution to help clients avoid the emotional stress and additional cost of taking a case to court.
- Paternity
- Spousal SupportA “marriage of long duration” is defined as a marriage lasting longer than ten years. Spouses in a “marriage of long duration” may be entitled to indefinite spousal support. Though ten years is the general time requirement to declare a marriage of long duration, there are special circumstances in which shorter marriages may qualify.
- Legal Separation
- Annulment
- Child Abuse
- Restraining OrderAdditionally, concern for the protection and safety of victims of domestic abuse prompted Prescott & Prescott’s involvement with the Domestic Violence Program in Orange County. As an Orange County Superior Court sponsored program, volunteer attorneys assist victims in securing emergency restraining orders. The merits of this invaluable program are outlined in, “Orange County’s Domestic Violence Pilot Project”, an article written by Tonya and Valerie Prescott published in Orange County Lawyer.