Fresno, CA Family Law Attorney

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Family law encompasses a broad range of legal matters, including divorce and child custody disputes, property division, and spousal support. The complexities of family law require knowledge, vigorous advocacy, and compassion. Our team of family law attorneys serving Fresno, CA provides skilled representation, understanding both the intricacies of the law and the emotional challenges you face. 

At Griswold LaSalle Cobb Dowd & Gin LLP, our family law attorneys have a rich history of representing clients in Central California since 1945. We offer experienced advocacy with a focus on protecting your privacy and best interests. Discover how we can help you move forward.

Understanding Family Law in California

Family law is a specialized area of legal practice that focuses on complex and often deeply personal family relationships. It governs a wide range of legal issues that arise from the formation, breakdown, and restructuring of family units. This includes matters related to marriage, divorce, separation, child custody and support, adoption, domestic violence, and the division of assets and debts. At its core, family law aims to resolve disputes and establish legal frameworks that protect the rights and well-being of all involved, particularly children.

At Griswold LaSalle Cob Dowd & Gin LLP, our family law attorneys focus on providing clear, well-researched guidance so you can make informed decisions that truly serve your family’s best interests. We believe that understanding your legal options empowers you, and we treat every client with the respect of ensuring they have a comprehensive grasp of their situation before any action is taken. Your dedicated California family law attorney will proactively identify potential challenges and diligently determine the genuine legal issues requiring attention.

We Have Years of Experience Helping Clients with Their Family Law Matters

Our primary goal is to help you navigate the emotional complexities that can often obscure clear judgment during family law proceedings. While we acknowledge and respect your feelings, our expertise lies in helping you thoughtfully evaluate and pursue the most effective long-term solutions for your future. With over two decades of dedicated experience, our California family law team has experience in key areas of family law, such as:

  • High-Net-Worth Divorce: Addressing the unique challenges of dividing substantial and complex assets.
  • Divorce for Technology Professionals: Understanding the specific financial structures and equity considerations often involved in this sector.
  • Child Custody and Visitation: Establishing parenting plans that prioritize the best interests of children and outline legal and physical custody arrangements.
  • Child Support: Determining fair and legally sound financial support for children based on California guidelines.
  • Marital Agreements (Prenuptial & Postnuptial): Drafting and reviewing agreements that define property rights and responsibilities before or during marriage.

Dividing Assets in a California Divorce

Under California law, assets acquired during marriage are typically divided equally between spouses, a principle known as community property law. Property owned before the marriage or after the legal separation is generally considered separate property and is not subject to this equal division. When dealing with significant assets, a collaborative approach can often streamline the process. If both parties are willing and mutually agree to sell high-value community property before the divorce is finalized, it can simplify the division of assets.

Protecting Your Financial Future

If you enter a marriage with substantial individual assets, a prenuptial agreement can clearly define ownership and outline how those assets would be handled in the event of a divorce or separation. Similarly, a postnuptial agreement can be established during the marriage to determine the division of assets acquired together, which can be particularly important in situations involving business ownership or significant wealth accumulation during the marriage. These agreements provide clarity and protect your financial interests.

What Constitutes a High-Value Asset?

Generally, a single item purchased for over $250,000 is considered a high-value asset. Furthermore, if the total value of a couple’s combined assets reaches above $1 million, the divorce is classified as a high-value asset divorce. Navigating the division of these combined assets requires an attorney with a deep understanding of both the financial and legal complexities involved. Your lawyer should have the expertise to guide a team in thoroughly investigating and accurately valuing these holdings.

Often, the process benefits from the involvement of specialized third-party experts. These professionals possess in-depth knowledge of specific areas and can provide accurate valuations for art, collectibles, rare books, and antiques. Their experience is invaluable in ensuring a fair assessment of these unique assets. While everything acquired during your marriage holds value, certain high-value assets can present more intricate division challenges. These may include:

    • Residential properties: Your family home, secondary residences, and vacation properties.
    • Investment properties: Rental units and commercial real estate.
    • High-end vehicles: Luxury cars, yachts, and boats.
    • Financial accounts: Stocks, pensions, retirement funds, and significant cash holdings.
    • Valuable personal property: Collections, fine art, and antiques.
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Child Custody After a Divorce in Fresno, CA

While the division of property is a significant aspect of divorce, for most parents, the well-being of their children takes top priority when beginning a divorce. However, reaching agreements on child custody can be emotionally challenging when parents have differing views on the best arrangements. California family courts consistently prioritize the best interests of the children when making custody determinations.

Generally, California courts favor arrangements that promote stability for children after a divorce, often including an award of joint custody. This frequently involves one parent having the children reside with them primarily while the other parent enjoys regular visitation. However, recognizing that each family’s situation is unique, our family law attorneys are dedicated to developing tailored and creative solutions. Custody arrangements can take various forms, such as:

  • Shared Physical Custody: Children live with each parent for roughly equal periods in separate homes.
  • Nesting: Children remain in the family home, and parents alternate living in the residence during their designated parenting time.
  • Sole Physical Custody with Visitation: One parent has the primary residence of the children, while the other parent has scheduled visitation.
  • Sole Physical and Legal Custody: One parent has the exclusive right to make significant decisions for the child, and the child resides primarily with them, often due to factors like abuse or the other parent’s incarceration.

Child custody matters can be among the most intricate aspects of divorce. When presenting a proposed custody and parenting plan to the court, it’s crucial to demonstrate that the plan is designed to provide a stable and nurturing environment for your children. Our experienced California family law attorneys are skilled at guiding parents in creating agreements that genuinely prioritize their children’s needs.

Child Support: Ensuring Your Children’s Financial Security

Child support is another area that can become highly contentious during divorce. Remember, child support payments are intended to benefit the children, not the receiving parent. Discussions about support amounts can quickly become unproductive when influenced by negative emotions. Our family law attorneys focus on bringing logic and legal principles to these discussions. We take the time to understand your financial situation and your children’s needs, enabling us to negotiate effectively with your spouse’s attorney and minimize conflict.

Under California law, both parents have a legal responsibility to provide financial support for their children after a divorce in a manner appropriate to their circumstances. Typically, when children live primarily with one parent, the other parent provides financial support to contribute to their housing, food, clothing, and other essential expenses. 

The specific amount is determined by several factors, including each parent’s income, the children’s standard of living during the marriage, and any special health or educational needs they may have. While a child support calculator can provide a general estimate, complex financial situations, particularly those involving high-net-worth individuals, may require a more nuanced approach to ensure a fair and adequate support amount.

Just as with child custody arrangements, our divorce attorneys are committed to ensuring that child support discussions remain focused on the best interests of your children. If you have a post-divorce situation where your former spouse is failing to meet their child support obligations, we can help you pursue legal action to hold them accountable and ensure your children receive the financial resources they need and deserve. Additionally, our divorce lawyers can assist you in seeking modifications to existing child support orders when there has been a significant change in either parent’s income or assets.

California Spousal Support

In California, spousal support, also known as alimony, is a court-ordered payment from one spouse to the other after a divorce or legal separation. Unlike child support, which has specific guidelines, spousal support is determined based on a comprehensive evaluation of multiple factors. The primary goal of spousal support is to help the lower-earning spouse maintain a standard of living reasonably consistent with what they enjoyed during the marriage while also encouraging them to become self-supporting within a reasonable period. California law recognizes two main types of spousal support:

Temporary Spousal Support (Pendente Lite)

This type of support is ordered while the divorce or legal separation case is pending. Its purpose is to maintain the financial status quo of the parties during the legal proceedings, ensuring that the spouse with less income has the necessary resources to meet their basic needs. Temporary support orders often rely on guideline formulas, such as the “Santa Clara Guideline” or the “Alameda Guideline,” which typically consider the net incomes of both spouses.  

Long-Term Spousal Support (Post-Judgment Support or “Permanent” Support)

This support is ordered as part of the final divorce decree. Although referred to as “permanent,” it is rarely intended to last indefinitely, especially in shorter marriages. The court considers numerous factors to determine the amount and duration of long-term support. The aim is often to provide the supported spouse with a reasonable amount of time to become self-sufficient through employment or acquiring necessary skills.  

Domestic Violence and Restraining Orders in California Family Law

Domestic violence is a serious issue that profoundly impacts families and is a critical consideration in California family law proceedings. It encompasses a range of abusive behaviors, including physical violence, threats, intimidation, emotional abuse, harassment, and stalking, perpetrated by one family member against another. 

The law recognizes the devastating effects of domestic violence on victims and prioritizes their safety and well-being, as well as the safety of any children involved. California courts take allegations of domestic violence very seriously and consider them in various aspects of family law cases, including:

Child Custody and Visitation

The safety and well-being of children are of paramount importance. If one parent has a history of domestic violence, it can significantly impact custody and visitation orders. The court may award sole custody to the non-abusive parent, restrict or supervise visitation with the abusive parent, or even deny visitation altogether if it’s deemed to be in the child’s best interest. 

California Family Code § 3044 creates a rebuttable presumption against awarding custody to a parent who has perpetrated domestic violence against the other parent or the child within the past five years.  

Spousal Support (Alimony)

Evidence of domestic violence perpetrated by the supporting spouse against the supported spouse can be a significant factor in determining the award and amount of spousal support. The court may reduce or deny spousal support to an abusive spouse. Conversely, if the supported spouse was the abuser, it could also affect their entitlement to support.  

Property Division

While California is a community property state that requires the equal division of assets, the court may consider evidence of one spouse’s abusive behavior that impacted the community estate (e.g., destroying property) when determining a just and equal division.

Seeking Restraining Orders in California

A restraining order, also known as a protective order, is a court order that keeps an individual from engaging in specific actions, such as contacting, harassing, or coming within a certain distance of another person. In family law cases involving domestic violence, there are a few types of restraining orders available in California: emergency protective orders (EPO), temporary restraining orders (TRO), and Permanent restraining orders (PRO).

How to Seek a Restraining Order

If you are in immediate danger, call 911 immediately to seek help. Seek medical attention for any injuries and document the situation thoroughly, including with photos and reports. Gather Evidence by collecting any evidence of the abuse, including text messages, emails, voicemails, pictures of injuries, police reports, medical records, and witness statements.

File an application by contacting a family law attorney or your local court’s self-help center to obtain the necessary forms to apply for a Temporary Restraining Order (TRO). Fill out the forms accurately and provide detailed information about the history of abuse, recent incidents, and why you need protection.

Be specific with dates, times, and descriptions of the domestic abuse. Submit the completed forms to the family court clerk. There may be filing fees, but waivers are often available for those who cannot afford them. If there is an immediate threat, ask the court clerk how to request an Emergency Protective Order (EPO).

Be prepared to testify under oath about the abuse you have experienced. Bring any evidence you have gathered. If a TRO is granted, you are responsible for ensuring the restrained party is properly served with a copy of the order and the application for a permanent restraining order. The court clerk or a professional process server can assist with this. This is a crucial hearing where you will need to present your case and evidence to convince the judge that a long-term restraining order is necessary.

Why Choose a Family Lawyer From Griswold LaSalle Cobb Dowd & Gin LLP?

When facing the sensitive and often complex legal issues of family law in Fresno, the proper legal representation is crucial. At Griswold LaSalle Cobb Dowd & Gin LLP, we offer a strong foundation built on decades of experience and a deep commitment to the families in our community. As a respected cornerstone of Central California since 1945, our firm has a long history of guiding individuals through personal legal matters with understanding and skill. Our deep local roots ensure that we are attuned to the unique needs and challenges faced by families in the region.

Our dedicated team brings together a wealth of collective experience, providing proficient and compassionate legal support across a range of family law matters. We are committed to delivering practical legal solutions while being mindful of the financial considerations involved. Choosing a family law attorney from our firm means gaining not just legal representation but a dependable partner dedicated to helping you navigate these challenging times and build a secure future for yourself and your loved ones.

Protect Your Family’s Future With Fresno, CA, Family Lawyers

Navigating divorce and other family law issues can feel overwhelming, whether you anticipate a smooth process or a complex dispute. Let the family law attorneys at Griswold LaSalle Cobb Dowd & Gin LLP provide the steady guidance you need to address the legal and practical realities, helping you refocus on what truly matters. You can expect straightforward, honest advice and assertive representation during negotiations and in court. 

We stand by your side at every stage, offering collaborative problem-solving to secure the best possible resolution for your family’s future. Discover how our experienced Central California family lawyers can help you achieve peace of mind and a fair division of assets. Schedule a confidential consultation online or contact us by phone today.