What is Family Law in Oakland
In Oakland, family law refers to the legal practice area focused on matters related to family relationships. Some of the major practice areas covered under Oakland family law include divorce, child support and custody, adoption, paternity, and alimony. Family law attorneys practicing in Oakland aid their clients during court proceedings and negotiations, and provide general guidance through these difficult times.
Oakland is the largest city in Alameda County, California. Serving as a major west coast port city, Oakland has grown into the eighth-most populated city in California. According to the U.S. Census Bureau as of 2020, Oakland has a population of 440,646.
With any densely populated area, a multitude of family tensions and issues can arise. Oakland is no exception to this. According to a Time magazine article, 39% of U.S. marriages end in divorce. This can be one of the most difficult times in one’s life. It is important to have a knowledgeable and compassionate family law attorney to provide you with guidance in navigating these arduous and life-changing times. While divorce and matters related to family law can often feel like the end, our family law attorneys in Oakland will help you refocus on what is most important and make this a time of renewal.
What Practice Areas Are Included In
Oakland Family Law?
Divorce in Oakland
When couples in Oakland come to the difficult decision to end their marriage it is important to understand the steps involved. In Oakland, the legal term for a divorce is a dissolution of marriage. The first step is to make sure you meet the residency requirements required to file for divorce in Oakland, CA.
In order to file for dissolution of marriage in Oakland, you and your spouse are required to have resided in the state of California for a minimum of 6 months. Additionally, you must have been a resident of Alameda County for at least 3 months prior to filing for divorce in Oakland.
If you meet the necessary residency requirements to file for dissolution of marriage in Oakland, you will next need to obtain, prepare, and file your completed divorce paperwork. You will also need to pay the filing fees with the county clerk’s office.
The forms you will need depend on whether you and your spouse agree to the divorce. Navigating this complicated process can be stressful. Our family law attorneys in Oakland are happy to help guide you through the necessary steps to restart your life. Please give us a call or schedule a free consultation with us today!
Child Custody in Oakland
In Oakland, when divorced or separated parents are unable to agree on matters of child custody, it comes to the court’s discretion to decide parental rights and responsibilities. Courts in Oakland take this very seriously and make it their top priority to base these difficult decisions on what is in the best interest of the child(ren) involved. The types of custody parents can be awarded by the courts are discussed below.
Legal Custody – This refers to the responsibility to make important decisions with regards to your child(ren)s life. These include decisions involving education, health care, religion, travel, and residence. A court can award either sole legal custody or joint legal custody to parents. When joint legal custody is awarded both parents share in the responsibility to make these decisions. Conversely, sole custody means that only one parent is granted the decision-making rights and responsibilities.
Physical Custody – This refers to which parent the child(ren) lives with after a divorce or separation. As with legal custody, a court can either award joint or sole (primary) physical custody. Joint physical custody means that the child(ren) split time living with both parents. Sole or primary physical custody means that the child(ren) spends most of their time living with one of the parents while in most instances the other parent will be granted visitation rights.
At Modern Family Law, our Oakland family law attorneys understand how immensely difficult matters of custody are and how important it is to provide the best life for your child(ren). Please let us help guide you through these burdensome times so you can start fresh with the best possible outcome for your child(ren). Schedule a free consultation with us today to discuss your options or give us a call!
Child Support in Oakland
In Oakland, child support is defined as the amount of money that a court orders a parent or both parents to pay every month. This money is intended to help pay for the support of the child(ren) and their living expenses.
The court bases its child support decision on a parent’s net disposable income. This equates to a parent’s income after state and federal taxes and other required deductions have been removed. The court may also take into consideration regularly occurring bonuses, overtime payments, and commissions. You can read our general overview of child support to gain a better understanding or try our California child support calculator.
Separation in Oakland
In Oakland, married couples are permitted the option to legally separate from one another. A legal separation is an official court order outlining the guidelines for you and your spouse to live apart from one another without making the permanent decision to get a divorce. This provides married couples with time to decide whether they want to work on their differences or eventually dissolve their marriage. This option allows you to create financial boundaries, allocate asset and debt responsibilities, and outline child custody.
To file for legal separation in Oakland, one of the separating parties must be a legal resident of California. Since California is a no-fault state, you won’t need to provide any wrongdoing by your partner to legally separate. Instead, you can state irreconcilable differences as the reasoning that you are filing to separate.
We understand that deciding to separate from your partner is never an easy decision to make. It is important to do your research, reduce conflict between your partner, and ensure you are making the best decision for your future. Our experienced family law attorneys in Oakland are prepared to discuss and guide you through this strenuous time. Give us a call or schedule a free consultation to discuss your separation options.
Paternity in Oakland
In paternity cases, also referred to as parentage cases, the court makes orders that say who the child’s legal parents are.
If parents are married when a child is born, there is usually no question about parentage. The law assumes that the married persons are the child’s legal parents. Therefore, parentage is automatically established in most cases.
When parents are not married, the parentage of their children needs to be established legally. Oakland offers several options for establishing paternity.
1) Sign a Voluntary Declaration of Paternity – This voluntary legal declaration must be agreed upon and signed by both unmarried parents to establish the child’s legal parents. This declaration can be signed at the hospital when a child is born or at a later date.
2) Local Child Support Agency – Alameda County’s department of child support services offers a free service in which they will bring an action to establish your child’s parentage. Included in this action is an order for child support. Contact the office to set up an appointment to open a case for parentage and support.
3) Go To Court Yourself – You may handle your own case in court to establish parentage. In your parentage case, you are able to ask for orders related to child visitation rights, custody, and support. You will be required to complete, serve, and file all your own court forms and you may need to present your case before a judge. While it is possible to represent yourself, establishing parentage can be complicated and confusing.
Our experienced family law attorneys are happy to help you navigate matters of parentage. Contact us today or schedule a free consultation to discuss your case with our family law attorneys in Oakland.
Spousal Support in Oakland
In Oakland, when a married couple decides to get divorced or legally separated, the court may order one of the divorced parties to pay the other monthly support money. these payments are known as spousal or partner support and can sometimes be referred to as alimony.
In these cases, a judge must consider many factors to determine how much is paid to spousal support. This includes how much each person makes, how marketable their skills are, the extent of their earning capacity, and the length of the marriage. You can get a good idea of what these payments may look like by using our California spousal support calculators.
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What is Family Law
in Oakland
In Oakland, family law refers to the legal practice area focused on matters related to family relationships. Some of the major practice areas covered under Oakland family law include divorce, child support and custody, adoption, paternity, and alimony. Family law attorneys practicing in Oakland aid their clients during court proceedings, and negotiations, and provide general guidance through these difficult times. While divorce and matters related to family law can often feel like the end, our family law attorneys in Oakland will help you refocus on what is most important and make this a time of renewal.
What Practice Areas Are Included In
Oakland Family Law?
When couples in Oakland come to the difficult decision to end their marriage it is important to understand the steps involved. In Oakland, the legal term for a divorce is a dissolution of marriage. The first step is to make sure you meet the residency requirements required to file for divorce in Oakland, CA.
In order to file for dissolution of marriage in Oakland, you and your spouse are required to have resided in the state of California for a minimum of 6 months. Additionally, you must have been a resident of Alameda County for at least 3 months prior to filing for divorce in Oakland.
If you meet the necessary residency requirements to file for dissolution of marriage in Oakland, you will next need to obtain, prepare, and file your completed divorce paperwork. You will also need to pay the filing fees with the county clerk’s office.
The forms you will need depend on whether you and your spouse agree to the divorce. Navigating this complicated process can be stressful. Our family law attorneys in Oakland are happy to help guide you through the necessary steps to restart your life. Please give us a call or schedule a free consultation with us today!
In Oakland, when divorced or separated parents are unable to agree on matters of child custody, it comes to the court’s discretion to decide parental rights and responsibilities. Courts in Oakland take this very seriously and make it their top priority to base these difficult decisions on what is in the best interest of the child(ren) involved. The types of custody parents can be awarded by the courts are discussed below.
Legal Custody – This refers to the responsibility to make important decisions with regards to your child(ren)s life. These include decisions involving education, health care, religion, travel, and residence. A court can award either sole legal custody or joint legal custody to parents. When joint legal custody is awarded both parents share in the responsibility to make these decisions. Conversely, sole custody means that only one parent is granted the decision-making rights and responsibilities.
Physical Custody – This refers to which parent the child(ren) lives with after a divorce or separation. As with legal custody, a court can either award joint or sole (primary) physical custody. Joint physical custody means that the child(ren) split time living with both parents. Sole or primary physical custody means that the child(ren) spends most of their time living with one of the parents while in most instances the other parent will be granted visitation rights.
At Modern Family Law, our Oakland family law attorneys understand how immensely difficult matters of custody are and how important it is to provide the best life for your child(ren). Please let us help guide you through these burdensome times so you can start fresh with the best possible outcome for your child(ren). Schedule a free consultation with us today to discuss your options or give us a call!
In Oakland, child support is defined as the amount of money that a court orders a parent or both parents to pay every month. This money is intended to help pay for the support of the child(ren) and their living expenses.
The court bases its child support decision on a parent’s net disposable income. This equates to a parent’s income after state and federal taxes and other required deductions have been removed. The court may also take into consideration regularly occurring bonuses, overtime payments, and commissions. You can read our general overview of child support to gain a better understanding or try our California child support calculator.
In Oakland, married couples are permitted the option to legally separate from one another. A legal separation is an official court order outlining the guidelines for you and your spouse to live apart from one another without making the permanent decision to get a divorce. This provides married couples with time to decide whether they want to work on their differences or eventually dissolve their marriage. This option allows you to create financial boundaries, allocate asset and debt responsibilities, and outline child custody.
To file for legal separation in Oakland, one of the separating parties must be a legal resident of California. Since California is a no-fault state, you won’t need to provide any wrongdoing by your partner to legally separate. Instead, you can state irreconcilable differences as the reasoning that you are filing to separate.
We understand that deciding to separate from your partner is never an easy decision to make. It is important to do your research, reduce conflict between your partner, and ensure you are making the best decision for your future. Our experienced family law attorneys in Oakland are prepared to discuss and guide you through this strenuous time. Give us a call or schedule a free consultation to discuss your separation options.
In paternity cases, also referred to as parentage cases, the court makes orders that say who the child’s legal parents are.
If parents are married when a child is born, there is usually no question about parentage. The law assumes that the married persons are the child’s legal parents. Therefore, parentage is automatically established in most cases.
When parents are not married, the parentage of their children needs to be established legally. Oakland offers several options for establishing paternity.
1) Sign a Voluntary Declaration of Paternity – This voluntary legal declaration must be agreed upon and signed by both unmarried parents to establish the child’s legal parents. This declaration can be signed at the hospital when a child is born or at a later date.
2) Local Child Support Agency – Alameda County’s department of child support services offers a free service in which they will bring an action to establish your child’s parentage. Included in this action is an order for child support. Contact the office to set up an appointment to open a case for parentage and support.
3) Go To Court Yourself – You may handle your own case in court to establish parentage. In your parentage case, you are able to ask for orders related to child visitation rights, custody, and support. You will be required to complete, serve, and file all your own court forms and you may need to present your case before a judge. While it is possible to represent yourself, establishing parentage can be complicated and confusing.
Our experienced family law attorneys are happy to help you navigate matters of parentage. Contact us today or schedule a free consultation to discuss your case with our family law attorneys in Oakland.
In Oakland, when a married couple decides to get divorced or legally separated, the court may order one of the divorced parties to pay the other monthly support money. these payments are known as spousal or partner support and can sometimes be referred to as alimony.
In these cases, a judge must consider many factors to determine how much is paid to spousal support. This includes how much each person makes, how marketable their skills are, the extent of their earning capacity, and the length of the marriage. You can get a good idea of what these payments may look like by using our California spousal support calculators.
Our Attorneys Are
Ready To Listen
Our experienced family law attorneys in Oakland have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
Our Approach To Family Law in Oakland
At Modern Family Law, we approach each of our cases with professionalism and compassion, in order to help our clients start over. Our firm uses innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family.
As a top-rated law firm in Oakland, our family law attorneys address every case with the integrity and compassion it deserves. We offer flexible fees and costs to keep our client’s best interests in mind. Additionally, we use a comprehensive approach to help our clients resolve conflicts, navigate these difficult times, and get a fresh start. Learn about some of the aspects that make us a unique and successful family law firm.
Flexible Fees & Costs
We understand that legal matters can be expensive. We are happy to show you what leads to cases becoming expensive and how you can save money. Our SimpleStart™ program is one example of how we offer relief from the typically high upfront legal fees an individual has to come up with before their case can begin. Anyone can apply with a simple credit check to reduce their initial deposit with Modern Family Law. Typically, our attorney’s deposits (or retainers) will range from $2500 to $5000.
Compassionate Approach
Compassion is defined as a sympathetic consciousness of others’ distress along with a desire to alleviate it. Each of our attorneys has chosen this field because they want to make a difference in a personal and real way. Our family law attorneys in Oakland will listen to you and will help guide you through your unique situation to achieve the best possible outcome.
Comprehensive Resources
Family Law is what we do all day, every day. Our lawyers, learn it, master it, and practice it. Our whole team is built around the idea of helping clients successfully come through their family law cases with the best shot at a fresh start. When you hire one of our lawyers, you’re hiring our whole team. We generally assign two attorneys to each case, as well as a paralegal, but your team will collaborate with the rest of our office to get the benefit of our combined experience.
At Modern Family Law our goal is to find the best solution for you and your family. Our Oakland-based family law attorneys take their time to listen to your case and handle it as effectively as possible. Our family law attorneys in Oakland specialize in divorce, child custody, child support, paternity, and protection orders among other family matters. We treat each case with integrity and respect which is why we offer a complimentary consultation with one of our attorneys for the chance to meet with them and make sure they are the right fit for you.
Our Approach To
Family Law in Oakland
At Modern Family Law, we approach each of our cases with professionalism and compassion, in order to help our clients start over. Our firm uses innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family.
As a top-rated law firm in Oakland, our family law attorneys address every case with the integrity and compassion it deserves. We offer flexible fees and costs to keep our client’s best interests in mind. Additionally, we use a comprehensive approach to help our clients resolve conflicts, navigate these difficult times, and get a fresh start. Learn about some of the aspects that make us a unique and successful family law firm.
Flexible Fees & Costs
We understand that legal matters can be expensive. We are happy to show you what leads to cases becoming expensive and how you can save money. Our SimpleStart™ program is one example of how we offer relief from the typically high upfront legal fees an individual has to come up with before their case can begin. Anyone can apply with a simple credit check to reduce their initial deposit with Modern Family Law. Typically, our attorney’s deposits (or retainers) will range from $2500 to $5000.
As always, we lead the industry in innovation. Our SimpleStart™ program is no different and offers relief from the typically high upfront legal fees an individual has to come up with before their case can begin. Anyone can apply with a simple credit check to reduce their initial deposit with Modern Family Law. Typically, our attorney’s deposits (or retainers) will range from $2500 to $5000.
Compassionate Approach
Compassion is defined as a sympathetic consciousness of others’ distress along with a desire to alleviate it. Each of our attorneys has chosen this field because they want to make a difference in a personal and real way. Our family law attorneys in Oakland will listen to you and will help guide you through your unique situation to achieve the best possible outcome.
Comprehensive Resources
Family Law is what we do all day, every day. Our lawyers, learn it, master it, and practice it. Our whole team is built around the idea of helping clients successfully come through their family law cases with the best shot at a fresh start. When you hire one of our lawyers, you’re hiring our whole team. We generally assign two attorneys to each case, as well as a paralegal, but your team will collaborate with the rest of our office to get the benefit of our combined experience.
At Modern Family Law our goal is to find the best solution for you and your family. Our Oakland-based family law attorneys take their time to listen to your case and handle it as effectively as possible. Our family law attorneys in Oakland specialize in divorce, child custody, child support, paternity, and protection orders among other family matters. We treat each case with integrity and respect which is why we offer a complimentary consultation with one of our attorneys for the chance to meet with them and make sure they are the right fit for you.
Frequently Asked Questions About Oakland Family Law
How much does a family lawyer cost in Oakland?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a family law attorney in Oakland. You may also be interested in our calculators to help you determine costs.
Is parenting time the same as custody?
Custody is really two different child-centered ideas – parenting time and decision-making. A potential client’s use of the word “custody” may be referring to one, or both of these responsibilities. Either way, it’s best for all involved to understand the terms being used. Read more about the distinction between these terms.
What should I expect from mediation?
Family court mediation often represents the best chance at a thoughtful, customized resolution of your divorce case. Almost all participants find these sessions to be helpful, even if they were unable to resolve issues in their case. Mediators are not advocates and are not judges, but they do make great listeners.
There are different structures for mediation. Some are conducted without, or prior to, any filing in court, and without lawyers. These settlement conferences may be helpful in resolving immediate disputes, but they’re often inadequate at determining longer-term, or more significant issues.
Read more about the types of mediation and what to expect.
Frequently Asked Questions About
Oakland Family Law
How much does a family lawyer cost in Oakland?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a family law attorney in Oakland. You may also be interested in our calculators to help you determine costs.
Is parenting time the same as custody?
Custody is really two different child-centered ideas – parenting time and decision-making. A potential client’s use of the word “custody” may be referring to one, or both of these responsibilities. Either way, it’s best for all involved to understand the terms being used. Read more about the distinction between these terms.
What should I expect from mediation?
Family court mediation often represents the best chance at a thoughtful, customized resolution of your divorce case. Almost all participants find these sessions to be helpful, even if they were unable to resolve issues in their case. Mediators are not advocates and are not judges, but they do make great listeners.
There are different structures for mediation. Some are conducted without, or prior to, any filing in court, and without lawyers. These settlement conferences may be helpful in resolving immediate disputes, but they’re often inadequate at determining longer-term, or more significant issues.
Read more about the types of mediation and what to expect.
Experienced Oakland Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
Everyone who works at Modern Family Law understands that family cases can be scary, stressful, and devastating. Therefore, we all work as a team and approach each case with empathy and integrity to help our clients through these difficult times.
Every day our team of Oakland family law attorneys helps clients with the most personal and private issues in a compassionate and caring way. Our use of technology and teamwork help keep attorney fees and costs reasonable. Call our Oakland office today and speak with a family law attorney about your case.
Our Oakland Office Location
Additional Family Law Practice Areas
Family law includes a wide array of cases that deal with relationships and the children of relationships. Typically, family law includes the following practice areas:
Experienced Oakland Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
Everyone who works at Modern Family Law understands that family cases can be scary, stressful, and devastating. Therefore, we all work as a team and approach each case with empathy and integrity to help our clients through these difficult times.
Every day our team of Oakland family law attorneys helps clients with the most personal and private issues in a compassionate and caring way. Our use of technology and teamwork help keep attorney fees and costs reasonable. Call our Oakland office today and speak with a family law attorney about your case.
Our Oakland
Office Location
Additional Family Law
Practice Areas
Family law includes a wide array of cases that deal with relationships and the children of relationships. Typically, family law includes the following practice areas:
Meet Our Team Of Experienced
Oakland Family Law Attorneys
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
Additional Resources About
Oakland Family Law
Completing an Uncontested Divorce in California
An uncontested divorce in California can seem to be painless up front, but things can turn quickly. Understanding how to file correctly can help you.
Understanding Child Custody in California
Learn about child custody in California and how the law impacts your parenting time, decision-making, and ultimately your rights as a parent.
I'm Transgender, Does That Make Getting Married Harder?
Your biological sex assigned at birth cannot affect your ability to marry. However, there are some steps you should consider taking when heading for marriage. Read this article to learn more!
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