San Mateo, California, Attorney
Family Law, Immigration, & DUI Defense
JC Law Offices provides comprehensive legal advice and representation to clients throughout Northern California. Our firm is founded on eight years of large law firm experience and the small town philosophy of personal service and client communications. We have extensive litigation practice; we have handled thousands of case involving family law, immigration, general civil litigation, and DUI defense. Contact a Bay Area attorney for an appointment.
Family Law & Divorce:
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Family Law Overview
Family law touches most people at least once in their lives. When getting married or dissolving a marriage, reaching adulthood or having children, people need to be aware of how their legal status changes and what their rights are. Most family law is state law; there is very little federal regulation of families. Each state has the authority to regulate certain conduct relating to families within its borders.
Filing a Motion
This is the starting point if you want the Court to do something on your behalf. When filing a motion in a California family law court, you may hear the terms "order to show cause" or "notice of motion". Despite the difference in name, they are essentially the same thing. They are both requests for the Court to make certain legal rulings that affect your case.
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Modifications of Court Orders
Sometimes court orders entered in dissolution need to be modified. It is a normal fact of life that factors affecting the result of a court order may change over time. To file a motion requesting order modifications it is important to show a material change in circumstances since the last order
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Enforcement of Orders / Contempt
If you have a court order established in your family law case, a divorce decree, modified orders, or any other court document which outlines behaviors, and if these orders are not being met by the other party, you have the right to enforce these orders.
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Prenuptial and Postnuptial Agreements
Prenuptial agreements require full disclosure of assets and property by both parties. Postnuptial agreements may specify how to distribute marital property in the event of a divorce.
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Domestic Violence
Domestic violence--also called domestic abuse--is defined by the California Domestic Violence Prevention Act of 1994 ("DVPA") as violence against a spouse, cohabitant, fiance, or other person with whom the abuser has a dating relationship or someone formerly in any of these relationships. The Act also covers abuse of a minor son or daughter.
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Divorce/Dissolution of Marriage
If you are facing divorce there are many issues to consider, including spousal support/alimony, property division, personal and real property, assets and debts, marital business property, child support, child custody, and impact of any prenuptial or postnuptial agreements.
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Marital Property Division
California is a community property state requiring equitable division of property, upon completion of an estate evaluation. Community property includes property acquired during marriage, such as real property, homes, land, autos, pensions, military pensions, 401k accounts, and investment accounts.
Reimbursement Claims
Under California Family Law provides, generally, that all assets acquired during the parties' marriage are characterized as community property and will be divided 50-50 between the parties to a legal separation or dissolution action. Reimbursement claims, however, can, effectively, change that 50-50 split in an action to divide marital property of community property.
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Child Support
Child support is calculated using a formula prescribed by statute. Custodial and non-custodial parents' incomes, as well as any additional expenses and obligations are input.
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Child Custody
Child custody is determined according to best for a child, whether that means shared custody, sole custody, joint legal custody or joint physical custody. Any variation of custody may be ordered by the court. Both parents are entitled to visitation rights and legal rights.
Family Immigration Law:
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Family Immigration (K1 visa)
United States citizens and lawful permanent residents may apply for family member or fiancée visas.
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Immigration Adjustment and Deportation
Consultation provided on adjustment of immigration status to permanent lawful resident / green card application. Representation is provided for removal proceedings.
Criminal Defense:
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DUI/DWI
We handle all misdemeanor and felony drunk driving and driving-under-the-influence charges, as well as offenses related to DUIs.
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Expungements
Expungements may be granted in certain cases where an individual is charged with a misdemeanor or convicted of a felony but was not required to serve prison time. We can work to gain a certificate of rehabilitation and early termination of parole for you.
Contact Us
For more information on general civil litigation or any of our practice areas, contact one of our family law, immigration, or criminal defense lawyers for an appointment and case assessment.
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