Areas of Law

Divorce

 

In the State of California, there are 3 main ways to end a marriage. A legal separation, an annulment, and a divorce. With over 10 years of experience as a divorce lawyer, Matias Flores has done hundreds of divorces. It is not necessary for both spouses to agree to end a marriage. One could get a divorce even if the other spouse refuses to participate in the process.

Child Custody & Visitations

 

Child Custody refers to he rights and responsibilities of parents for taking care of their children. If you are going through a divorce or break up with children, you will need a child custody and visitation schedule. To be legally enforceable, the custody and visitation schedule must be signed by the judge.

Child & Spousal Support

 

The key different between Child Support & Spousal Support, also know as Alimony, is what each one is intended to be used for. Child Support is paid fo the benefit of any children resulting from the marriage. Child Support is designed to be used to meet the basics needs of the child. That includes things like food and clothing, medical care, housing and other necessities. Spousal Support, also know as alimony, is paid for the benefit of a spouse. It is not a one-size'-fits-all formula. The courts use a number of factors to shape payment amounts. These factors include, but are not limited to: each spouse’s income and employment situation, individual living expenses, how assets are divided in the divorce, length of marriage, and each spouse’s age.

Division of Assets & Debts

 

In divorce and dissolution of domestic partnership cases, the court will apply California Law to divide the parties’ assets and debts. California is a community property state, which means that all assets and debts acquired during the marriage becomes community property and community obligation. On the other hand, all assets and debts acquired prior to the marriage or acquired after separation is separate property and separate obligation. Inheritance and gifts to one spouse or partner during the marriage are also characterized as separate property. Property may also be characterized as a mix of community and separate. Typically under these circumstances tracing of funds and the application of statutory formulas determines the characterization or apportionment of the mixed property.

Domestic Violence Restraining Orders

 

A Domestic Violence Restraining Order is a Court Order issued to prevent the recurrence of acts of abuse by a batterer. Restraining Orders or Protective Orders are orders by the court restraining an individual’s rights. A restraining order can prevent a person from being within a certain distance of another, including a second' party’s residence, employment, vehicle, or the individual’s associated with the second party. Restraining Orders are issued after a finding of abuse or harassment, and be issued permanently for a number of years.

Premarital (Prenuptial) Agreements

 

A Premarital Agreement, otherwise known as "prenup” (Prenuptial Agreement), is a written agreement entered into by a couple before marriage. Every Premarital Agreement is different, but generally, dictates how the couple's assets and future earnings will be distributed if they divorce in the future. Drafting a “prenup” forces couples to discuss their finances (including their income, assets, and debts) before getting married, which can help avoid financial conflicts later on. Most married couples who have a valid prenup can get divorced with less hassle during the divorce proceedings due to issues such as property division, spousal support, marital debts, the dividing of property, and assets being addressed beforehand.

DUI & Other Expungements

 

Expungement in California is the process of having a prior conviction removed if certain criteria is met. Your tarnished record is wiped clean. However, expungement is only available in specific instances. You cannot have every type of conviction erased. When you are not eligible for expungement, you need to look into other ways to clear your record, such as applying for a governor’s pardon or having your records sealed and destroyed.