Divorce
Our firm Brandelli Law Corporation is interested in resolution, not unnecessary confrontation, and we are dedicated to protecting our client’s interest …
Divorce Legal Rights & Key Facts
Right to File for Divorce
Either spouse can file for divorce, even if the other does not agree.
California is a no-fault state meaning you don’t need to prove wrong doing just that the marriage is irretrievably broken.
Property and Asset Division
You have the right to a fair division of marital property.
California is a community property state:
Assets typically split 50/50.
Marital assets may include income, real estate, investments, retirement accounts, and debts.
Spousal Support (Alimony)
You may be entitled to spousal support based on the length of the marriage, income disparity, and your role during the marriage.
Alimony can be temporary or long-term, depending on circumstances.
Child Custody and Support
You have the right to seek custody and visitation of your children.
Courts base custody decisions on the best interests of the child.
Both parents are legally responsible for child support, and payments are calculated using state guidelines.
Legal Representation
You have the right to hire an attorney to protect your interests and ensure your rights are upheld throughout the divorce process.
Right to a Fair Process
You are entitled to:
Due process (notice and opportunity to be heard)
Access to marital financial records
Equal treatment under the law
Divorce Does Not Automatically Settle Everything
You must formally resolve all major issues custody, support, and property—either through:
Settlement agreement
Mediation
Court decision (if unresolved)
Child Custody
Going through a custody battle can be overwhelming, especially during a time like this. That’s why it helps to have someone in your corner.
Our affordable child custody attorney, Randolph J. Brandelli, has the experience and deep knowledge of California custody laws to help guide you through it. He understands what you’re facing and knows how to protect your rights and your child.
Figuring out a fair parenting plan is never easy, especially when both parents don’t see eye to eye. But with the right legal support, it’s possible to find a solution that puts your child best interests first and gives you peace of mind.
Brandelli Law Corporation is representing parents and families in proceedings involving child custody and child support and providing the level of legal services your family deserves
Types of Custody
Legal Custody: The right to make major decisions about the child’s life, including education, healthcare, and religion.
Joint Legal Custody: Both parents share decision-making authority.
Sole Legal Custody: One parent has the exclusive right to make decisions.
Physical Custody: Where the child lives and who is responsible for daily care.
Joint Physical Custody: Child spends significant time with both parents.
Sole Physical Custody: Child primarily resides with one parent; the other may have visitation rights.
Parental Rights
Both parents typically have equal rights unless a court rules otherwise.
A parent has the right to:
Seek custody or visitation
Be informed about the child’s well-being
Participate in key life decisions (if granted legal custody)
Best Interests of the Child
Courts base custody decisions on what is in the best interest of the child, considering:
Emotional ties with each parent
The child’s age, health, and needs
Each parents ability to care for the child
Child Support
Understanding Child Support Legal Rights
Right to Financial Support
Every child has the right to financial support from both parents, regardless of the parents’ marital status or living arrangements.
Child support is meant to cover basic needs such as:
– Food
– Housing
– Clothing
– Medical care
Education and extracurricular activities
Parental Responsibilities
Both parents are legally obligated to contribute financially to raising their child.
Typically, the non-custodial parent (the one the child does not primarily live with) pays child support to the custodial parent.
How Child Support Is Determined
Courts use state-specific guidelines that consider:
– Each parents income
– Number of children
– Custody arrangement
– Health insurance and childcare costs
Judges can adjust the amount based on special circumstances (e.g., disabilities, high medical expenses).
Right to Enforcement
If a parent refuses or fails to pay child support:
– The other parent has the right to enforce the order through legal means.
– Enforcement tools may include wage garnishment, tax refund interception, license suspension, or even jail time.
Right to Modification
Child support orders are not permanent they can be modified if there’s a significant change in:
– Income
– Employment
– Custody arrangements
– The child’s needs
Support Is for the Child’s Not the Parent
The money is intended to benefit the child directly.
Courts monitor misuse or mismanagement of support funds when necessary.
Restraining Orders
A restraining order (also called a protective order) is a legal order issued by a court to protect a person from harassment, abuse, stalking, or threats often in cases involving domestic violence.
Your Legal Rights Regarding Restraining Orders
Right to File for Protection
– If you feel threatened or have been abused, you have the right to request a restraining order.
– You do not need to wait for physical harm threats, stalking, emotional abuse, and harassment may also qualify.
Right to Immediate Protection
– Many courts offer temporary (emergency) restraining orders the same day you file, without notifying the other party.
– A full hearing is typically scheduled within days to determine if a long-term order is needed.
Right to a Court Hearing
– Both parties have the right to a hearing, where evidence can be presented, and witnesses may testify.
– A judge decides whether to grant or extend a restraining order based on the facts presented.
What a Restraining Order Can Include
A court-issued restraining order can:
– Prohibit the abuser from contacting or coming near you, your home, work, or school
– Grant temporary custody of children
– Require the abuser to move out of a shared residence
– Suspend gun ownership rights
– Order counseling or anger management.
Right to Enforcement
Violating a restraining order is a criminal offense and may result in:
– Arrest
– Fines
– Jail time
Police and courts take these violations seriously. Always report violations immediately.
Right to Modify or Extend
If your situation changes, you can ask the court to modify, renew, or end a restraining order. In most cases, long-term orders last between 1 and 5 years. However, if the threat continues, you may request an extension for continued protection. On the other hand, if the threat no longer exists, you can ask the court to end the order. Therefore, it’s important to assess your situation and take action based on your current needs.
Right to Legal Representation
– You have the right to an attorney during the restraining order process.
– Legal aid or domestic violence organizations may provide free or low-cost support.