I will try very hard to achieve the reasonable goals we mutually set at the time you retain me as your family law attorney. In all cases, I will attempt to settle the issues only with your full consent. The settlement must address your needs and concerns. It will not be a  giveaway of your rights.  

  Normally it is less expensive for you to settle your case rather than “litigate”.  A settlement may result in lower attorney fees.  I will generally litigate only after all other avenues are exhausted.  Obviously this course of action depends on the cooperation of the “other party” and the professionalism of the opposing counsel. If your issues cannot be settled giving  you a reasonable result, I will meticulously prepare the case for trial to achieve in Court the best result possible.

                       The Family Law Practice of Orange County Attorney Michael Nemeth 

                                                     Typically centers on the following issues:

                                                            (COMMON FAMILY LAW TERMS DEFINED)

DIVORCE   
Two married persons are a returned to their former status. By statute it normally takes a minimum of six months from the dated the divorce petition is filed and served by your spouse for the divorce to become final.

In order for the marriage to be finally terminated all of the issues that may have occurred during the marriage such as child custody, support, and division of the marital property must be settled.  A status only termination of the marriage may occur prior to settling all the issues so that each party may be free to remarry if they choose.  Sometimes this status only is necessary as litigating some of the emotional and financial issues may take several years.

JURISDICTION  
One of the parties has to have been a California resident for at least six months and a resident of the county where the divorce is filed for at least three months prior to the filing of the divorce.

UNCONTESTED DIVORCE

There is no disagreement between the parties about any issues that have arisen during the marriage.

CONTESTED DIVORCE     

Parties are contesting one or more issues that have occurred during the marriage such as child custody or division or valuation of the marital property.

CHILD SUPPORT

The amount of money each parent may be required to pay for the support of a child.  It is based a statewide formula or “guideline”. Prime factors in determining the amount of child support include the income and expenses of each parent plus the amount custodial time each parent has with the child.

Other factors may lower or increase this statutory guideline.

SPOUSAL SUPPORT

In the past, this was known as alimony.  It is now broken down into in two areas temporary (initially sought at the time of the initial divorce filing) and permanent   support.  Again of factors impacting the amount of spousal support will be the income and expenses of each spouse, and ultimately their standard of living and “lifestyle".

LEGAL SEPARATION

A married couple petitions the court to a formally separate.  The grounds are usually on irreconcilable differences, which are the same as the legal grounds for divorce. Legal separations are sometimes done for specific religious and legal reasons.

CHILD CUSTODY

            There are generally four types of Custodial Orders:

SOLE PHYSICAL CUSTODY

Sole physical custody means the children shall reside with one parent, subject to the power of the court to approve that Parent’s plan for a visitation plan with the other parent.

JOINT PHYSICAL CUSTODY

Joint physical custody means that each of the parents shall have equal right to physical custody of the children.  Sometimes one parent will have “Primary Physical Custody” of the child.  He or she may have the children a majority of the time.  Physical custody will be such that both parents have more or less continuing contact with the children.

SOLE LEGAL CUSTODY

Sole legal custody means that one parent shall have the right and the responsibility to make decisions relating to the health, education and welfare of the child only subject to the visitation rights of the other parent.  Although courts favored joint legal custody, sole legal custody, is the leading type of custody arrangement when there is a marital breakup.

JOINT LEGAL CUSTODY

Joint legal custody means that both parents share the right and the responsibility to make decisions relating to the health, education and welfare of the children.  The Court presumes that joint legal custody is in the best interest of the children.  Sometimes joint legal custody presents difficult problems when parents are unable to cooperate in a parenting plan for the children.