The primary issue in dissolution and separation are spousal support, child custody/child support, and property distribution.

I believe that if there is a separation or close to a separation, that counseling of some sort should be attempted. However, a danger in not filing legal papers if there is a separation is that it is sometimes hard to find the other parent or sometimes the children.

FILING
The filing of dissolution or separation papers sets a great many wheels into motion. The filing and service of the papers puts a freeze on the sale or disposal of significant assets - houses, cars, etc. however, it is my general experience that bank accounts, credit card accounts, and savings are best immediately separated. Remember that the State regards the parties as not only husband and wife, but as something akin to business partners who, upon break up of the business, must protect their own interests but who must not wrong the partnership.

CHILD CUSTODY & VISITATION
These issues are usually not addressed by the court unless one party or the other files a motion - usually for custody, visitation and support. Most all counties provide child custody mediation. The best practice is to file all documents and declarations on the subject of custody well before mediation. My preference is work with the client on their declaration prior to mediation. It is my experience that the mediators and the courts look most at the well being of the children, and less at which parent feels they have been wronged. The mediators report and recommendation is usually provided to both parties on their attorney's before a hearing to determine custody. The court often grants joint legal custody, which means that the parties share in the major decisions of raising and some kind of shared physical custody. One party or the other is often limited to some weekends, holidays. Occasionally, there has been very questionable activity of one party - alcohol, drugs, abuse, etc. which can be very harmful to one's chances at a good custody order. Custody and visitation orders are modifiable if there are reasons - "changes of circumstances" justifying a new order.

CHILD SUPPORT
In California child support is determined by a fairly rigid formula, the three major factors are his income, her income, and the percentage of time each has with the child. Sometimes the court finds that a person isn't working up to their abilities, background and training and makes a determination of an ability to earn. Child support is owed usually until the child graduates from high school or 19 which ever happens first. Support is always modifiable in court if the reasons are valid.

Most child support orders include a provision that the parties obtain medical insurance if it is "reasonably available" and there is often a 50/50 split of unreimbursed medicals and reasonable childcare costs.

PROPERTY DIVISION
Property acquired prior to marriage is usually considered separate property. Property or debt acquired during marriage is shared as community property. Property of any sort acquired after the date of separation is separate property. If a person separates but does not file for legal separation or divorce and they are the recipients of a good pension plan will often end up in a dispute with the other side over the separation date. Retirement plans, if any, are usually divided by what is called a Qualified Domestic Relations Order (QDRO). If there is a family business then it usually needs to be appraised.

EMERGENCY ORDER
Sometimes there is a need to go to court in a hurry because of danger of abuse or abduction. The legal mechanism is an order to show cause. This office has extensive experience in the preparation and presentation of these motions.
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Many accidents are not memorialized by an accident report. However, there is often a consensus of fault between insurance companies. Your own insurance claims adjuster will usually take a statement from you. If I represent you, I prefer to be there when that happens. I generally do not allow the other driver's insurance adjuster to interview you. That interview is often not just a fact finding, but is rather tilted against you.

Medical records are very important in auto accident cases. It is best to present to all health care physicians' providers at the earliest opportunity for diagnosis and treatment. It is important to be frank and honest and clear with the health care professional.

Pictures of the accident vehicles are also important. Sometimes the party at fault will underestimate the speeds of the collision and minimize the amount of damages to the vehicle. More than once, we heard a Defendant say that their foot must have slipped off the brake and their car rolled into the one (your car) in front.

Many auto accident cases can be resolved by arbitration. Arbitration is a hearing in an attorney's office. The arbitrator takes evidence from both sides, listens to what each party says about the facts of the accident, and the course and scope of medical treatment, wage loss information and within ten days renders an arbitrators award. Either party can file for trail within 30 days (request for Trial De Novo) but extra burdens are placed on the unhappy party.

This office has been successful in settling, arbitrating, and trying auto accident cases. We recently had a judgment after trial in Mono County in excess of $300,000.00. However, each case is different and each case has varying facts - varying results.
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