Family Law & Estate Planning

The length of a divorce case can vary depending on the specifics of the case, such as the complexity of the issues involved and the level of conflict between the parties. In general, a divorce case can take anywhere from a few months to over a year to be resolved.

Many issues can be resolved outside the courtroom. For example, the parties could agree on a division of assets, child custody, and spousal support. The agreement would need to be formalized and approved by the Court, but in these kinds of cases a personal appearance may not be necessary. For issues that do go to trial, however, a court appearance will be necessary. In that event, having a strong advocate by your side is essential. Charles has the legal knowledge and the courtroom experience to guide you through any contested proceedings.

Charles charges $400 per hour, a competitive rate in Santa Cruz County. This does not include additional costs that may be necessary, including filing fees, investigator or expert witness fees. He can explain what these fees might be during your initial consultation.

In determining child custody, the court considers several factors, including the child's age, health, and well-being, the relationship between the child and each parent, and the ability of each parent to provide for the child's physical and emotional needs. In addition, any history of family violence or substance abuse may be considered. Ultimately, the judge will make a decision based on what they believe to be the best interests of the child. 

Child custody is not automatically divided 50/50 in California. Instead, the judge will prioritize the child's best interests in determining custodial time. Gender of the parent or orientation is not a consideration. While joint custody is common, it doesn't always mean equal time-sharing. The specific division of time can change, depending on factors like school attendance, the parents' work schedules, the child's needs, and other circumstances. 

California is a community property state. This means that most property acquired during the marriage will be divided 50/50 between the spouses. However, property acquired before the marriage or certain other types of property (gifts, bequests, and the like) may be considered separate property, and would remain the property of the spouse who acquired it. The division of property can also change if there was a pre- or post-nuptial agreement. This is complex area of law, and you should definitely seek legal advice before you make any agreement about dividing the property.  

This is another complex area of family law. The court will consider the age of the parties, the length of the marriage, each party's employment prospects, the standard of living during the marriage and other factors in deciding whether to grant spousal support, and if so, the amount. You should definitely seek legal advice before you make any agreement about spousal support.

Every adult should have a will, regardless of the size of their estate. A will is the only document where you can officially name a guardian for your child(ren), leave specific sentimental items to family and friends, or leave specific instructions for handling your remains. This is a document that everyone will need at some point, and should be considered essential!

Trusts are also highly recommended. They allow your executor (the person handling your estate) to avoid probate, a lengthy and expensive court process. A trust is also helpful in managing a large or complex estate, and can provide for long term asset management, which is helpful if you leave behind minor children. It can also minimize estate taxes.

An Advance Health Care Directive is a legal form used to name a healthcare agent and specify your wishes for medical treatment if you can no longer make decisions for yourself. It covers things like life support, organ donation, and end of life decisions. Under California law, there are specific formalities that must be observed for the document to be effective, so the assistance of an estate planning attorney in this process is essential.