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Our Services:
Peikes Family Law offers a comprehensive range of family law services designed to meet the diverse needs of our clients. With a commitment to understanding each family's unique situation, we strive to deliver personalized solutions and compassionate guidance. Our services include:
If the service you require is not listed, please contact us.
Divorce
Peikes Family Law provides comprehensive divorce services tailored to meet your needs. We guide you through every step of the divorce process, offering legal advice and aggressive representation on asset division, child custody, support, and any other issues that may arise as part of your divorce. Our compassionate approach ensures that you feel supported during this challenging time, while our expertise aims to achieve the best possible outcomes for you and your family.
Frequently Asked Questions
1. What are the ground for a divorce in the State of California? In California, you get a divorce by starting a court case. California is a no-fault divorce state, meaning that no one has to prove that anyone did something wrong to cause the divorce. In most case divorce is requested due to “irreconcilable differences”. This is the standard reason for divorce, and is applicable in almost all cases. There are rare cases where divorce is requested due to permanent legal incapacity to make decisions. In other rare cases a party may request nullity, or a court order that there was never a legal marriage.
2. In California, can I get a divorce even if the other person does not want to divorce? Yes. You can get a divorce even if the other person doesn't want one.
3. What is the difference between divorce and nullity? Nullity is when the marriage was never legally valid, as opposed to divorce where the marriage is being dissolved, or ended. The court must grant nullity if the marriage is bigamous (one or both parties is married to another person) or incestuous (the parties are related in such a manner that it was illegal for them to marry). The court may grant nullity if one or both parties: (1) was underage at the time of marriage; (2) was already married and had never divorced; (3) had an unsound mind at the time of marriage; (4) was fraudulently induced into the marriage; (5) was forced into the marriage; or (6) lacked physical capacity at the time of the marriage.
If you have specific questions
about your case:
Child Custody
Peikes Family Law understands that child custody matters are sensitive and complex. We offer a range of services to assist families in navigating custody arrangements. Whether it is by aggressively representing your interests in court or advocating for a favorable out of court resolution, our goal is to ensure that you achieve the best possible outcome for your case. We are prepared to represent you in seeking, or defending against, any custody requests, including, sole custody, joint custody, modification of a previous court order, visitation, and move-away orders.
Frequently Asked Questions
1. Will the Court order 50/50 custody in my case? Not necessarily. It is a common misconception that, in California, a court will always award 50/50 custody to the parents. In fact, the Court is required to consider numerous factors when making a custody determination.
2. What factors do Courts consider when making custody orders? The law states that courts are required to consider numerous factors when determining child custody, including: (1) The health, safety, and welfare of the child. (2) Public policy that each parent is to have frequent and continuing contact with the child and if there is an order which is not for joint custody, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent (3) Any history of abuse by one parent; (4) The nature and amount of contact with the child and each parent; (5) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent; and (6) Any other factor that a court deems relevant to the best interests of the child.
3. What is the difference between legal custody and physical custody? In family law cases, the courts distinguish between physical and legal custody. Physical custody is the term used to describe who the child will live with. In some cases, the child may live with both parents (joint physical custody) and in other cases the child will live with one parent primarily, while the other parent is entitled to visitation (sole physical custody). Legal custody is the term used to describe who is entitled to make important decisions regarding the child. This may include decisions relating to schooling, medical care, and other major decisions relating to your child. Legal custody may be joint, or one parent may have sole legal custody.
If you have specific questions
about your case:
Child Support
Peikes Family Law offers comprehensive child support services, including, guidance on establishing, opposing, modifying, and enforcing child support orders. We are committed to ensuring that you receive the most advantageous child support orders, and that every factor which may benefit your case is considered.
Frequently Asked Questions
1. What is child support? Child support is the ongoing contribution of money to help pay for the living and medical expenses of a child or children until they are adults. The amount that must be paid is called the child support order.
2. How is child support calculated? Child support is determined primarily based on how much income each party makes, how each party files taxes, and how much time each party spends with the children. There are other factors which the court will consider which are incorporated into a legal guideline that the court must look to before making orders. The guideline is generally calculated though particular programs. Some legal knowledge may be required to put the appropriate inputs into the program, as there may be arguments for numbers to be higher or lower and there are some factors that you may not think to consider which would benefit your position as it pertains to support. You may find a list of approved guideline calculators at https://courts.ca.gov/programs-initiatives/families-and-children/family-law/ab-1058-child-support-program/guideline, or you may contact our office to inquire about a guideline calculation.
3. How is my income calculated for the purpose of child support? All income is taken into consideration and can be money, property or services, including: · Wages from a job · Tip Income · Commissions · Bonuses · Independent contractor income · Unemployment benefits · Disability and worker’s compensation payments · Department of Veteran Affairs disability payments · Interest Income · Dividend Income · Rental Income · Social Security or pensions · Any payments that become due such as lottery winnings and insurance payouts In certain cases, a court may even assign a party with income based on their ability to work, even if they are not presently working.
If you have specific questions
about your case:
Spousal Support
Peikes Family Law offers comprehensive spousal support representation for individuals navigating financial support during and after divorce. We understand the complexities of spousal support laws and have extensive experience litigating spousal support issues in California family law courts. We aim to achieve the best outcome for your spousal support matter and, whether you are seeking support or responding to a request for support, we will work diligently to ensure that your rights are protected.
Frequently Asked Questions
1. What is spousal support? Spousal support, also known as alimony, is a court ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses. Spousal support may be temporary (an order for payments to a spouse before your case is final) or long-term/permanent (an order made at the end of the case). There are differences in the legal standard the court considers when setting temporary and permanent support.
2. Am I entitled to spousal support? Do I have to pay spousal support? The law states that courts are required to consider numerous factors when determining child custody, including: (a) The standard of living during the marriage; (b) The marketable skills and earning capacity of each party; (c) Any periods of unemployment incurred during the marriage where that party was devoted to domestic duties; (d) The extend each party contributed to the attainment of an education, training, career position, or license of the other; (e) The ability of each party to pay spousal support; (f) The need of each party for spousal support; (g) The obligations and assets of each party; (h) The duration of the marriage; (i) The age and health of each party; (j) Any history of domestic violence or certain criminal convictions for violence or abuse; (k) The immediate and specific tax consequences to each party; (l) The balance of the hardships to each party; (m) The goal that each party be self-supporting within a reasonable period of time; (n) Any other factors which a court deems “just and equitable”
3. How much spousal support will be ordered? The court is required to consider each factor listed in Family Code 4320 when making an award for spousal support. While, there is no set amount of spousal support, temporary spousal support is often ordered based on a guideline calculation. The guideline is generally calculated though particular programs. Some legal knowledge may be required to put the appropriate inputs into the program, as there may be arguments for numbers to be higher or lower and there are some factors that you may not think to consider which would benefit your position as it pertains to support. You may find a list of approved child support guideline calculators, which commonly have features to calculate spousal support, at https://courts.ca.gov/programs-initiatives/families-and-children/family-law/ab-1058-child-support-program/guideline, or you may contact our office to inquire about a guideline calculation. Permanent spousal support may not be ordered based on a guideline calculation, and a California court will carefully balance each factor in Family Code 4320. Please contact our office if you have any questions about how spousal support may be calculated.
4. How long will spousal support last? Spousal support is intended to last a “reasonable period of time” for the supported party to become self-supporting. In a marriage of less than ten years, the law assumes that the maximum time spousal support lasts is up to one-half the length of the marriage. In a marriage over ten years, spousal support may a longer time, and there is no specific limitation or rule as to how long the award shall be. This is highly fact dependent issue and may vary tremendously on a case-by-case basis.
If you have specific questions
about your case:
Property Division
Property division can be one of the most challenging aspects of a divorce. Our firm is dedicated to guiding you through the process, ensuring that your rights are protected and that your assets are protected. We provide personalized services tailored to your unique situation, helping you navigate the complexities of asset valuation and distribution.
Frequently Asked Questions
1. How is property divided in a divorce? During a divorce, the parties each keep their own separate property and are each entitled to half of the “community property”. Generally, any property or debts acquired during the marriage are considered community property, while any property acquired before or after the marriage is separate property.
2. Can property received during the marriage ever be separate property? There are several important exceptions which may render property obtained during the marriage as separate property including: (1) gifts made to only one spouse; (2) inheritance; (3) profits from one spouse sole and separate property; and (4) property that one spouse has disclaimed their community interest in.
3. What if I put separate property into a community asset, or if I put community property into a separate asset? Assets often contain a mix of community and separate assets. For example, a party may have a separate property retirement account from before the marriage, but may continue to make contributions to the account from their community property wages during the marriage. Another common scenario is when parties put post-separation funds, which are separate property, into a community asset. When the parties divide their assets through the divorce, the court is required to consider what portions of each asset are community property and what portion of the asset is separate property. If an asset appreciates in value, such a house or investment account, it is also necessary to calculate what percentage of the appreciation is due to community investment and what percentage is due to separate investment. It is important for anyone who believes that they have mixed community and separate property assets to keep all documents and records that would properly account for the source of property and funds.
4. What if I have a prenup? If you have a prenuptial agreement, or prenup, it may take precedence over the ordinary community property laws. The effect of prenup will depend heavily on the terms of the individual agreement. It is important to note that not all prenups are enforceable, and it is advisable to consult with an attorney if you have any questions about the enforceability of your prenup agreement.
If you have specific questions
about your case:
Domestic Violence Restraining Order
At Peikes Family Law, we offer comprehensive restraining order services to help you and your loved ones. We understand the emotional challenges involved in a domestic violence case, and are here to provide compassionate support while aggressively advocating for you in court. Whether you are requesting a restraining order, or one has been requested against you, we are prepared to fight for your rights and provide you with the best possible representation in your domestic violence restraining order matter. Let us assist you in navigating this complex process.
Frequently Asked Questions
1. What is a domestic violence restraining order? A domestic violence restraining order is a specific type of restraining order used in cases where the perpetrator and victim have been or are in an intimate relationship, or are related.
2. How do I obtain a domestic violence restraining order? The first step to obtain a domestic violence restraining order is to fill out the required paperwork. The initial paperwork will require you to, among other things, describe the situation and why it poses a danger to you. The court will review the paperwork and determine whether there are sufficient facts alleged to grant a temporary restraining order. Once a temporary restraining order is issued or denied, the court will set a hearing on whether a permanent restraining order should be issued. At the hearing, the court will hear evidence and testimony and decide whether to issue a restraining order. It is critical that a party seeking a restraining order introduce any relevant evidence and witnesses in a manner consistent with the rules of evidence, so that the court can properly consider each fact.
3. What should I do if I am served with a restraining order? You should first make sure not to violate any terms of the temporary restraining order if one has been granted. Even if you do not agree with the order, the courts treat violations of the temporary order severely. While you are not required to file a response to a restraining order, and can simply appear in court to defend yourself, it is recommended that a party responding to a restraining order provide any relevant evidence and witnesses to the court and the other party prior to the hearing in order to adequately defend against the request. In some cases it may also be advisable to file a written response. At the hearing, the court will hear evidence and testimony and decide whether to issue a restraining order. It is critical that a party defending against a restraining order introduce any relevant evidence and witnesses in a manner consistent with the rules of evidence, so that the court can properly consider each fact.
4. What are the grounds for a restraining order? A restraining order may be issued for any abuse, which is defined by law when a person: (1) intentionally or recklessly causes or attempts to cause bodily injury; (2) sexual assaults another person; (3) places another person in reasonable apprehension of imminent serious bodily injury to themselves or another; (4) engages in any of the following conduct in a manner that the court, based on the totality of facts, finds to be abusive: molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating in violation of Penal Code 528.5, falsely personating in violation of Penal Code 529, harassing, telephoning, destroying personal property, contacting by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party or on a showing of good cause other named family or household members, and taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of an animal owned, possessed, leased, kept, or held by either party or a minor child residing with either.
5. What conduct may be forbidden by a restraining order? A restraining order may prevent a party from engaging in the following against the other party: molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating in violation of Penal Code 528.5, falsely personating in violation of Penal Code 529, harassing, telephoning, destroying personal property, contacting by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party or on a showing of good cause other named family or household members, and taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of an animal owned, possessed, leased, kept, or held by either party or a minor child residing with either.
6. Will a restraining order impact other aspects of my family law case? A restraining order may have impact on other areas of your family law case. Restraining orders often affect how the court will view custody, spousal support, and property control issues.
If you have specific questions
about your case:
Family Law Mediation
Family law mediation is a confidential process that helps people resolve disputes without going to court. Mediators are neutral third parties who help people communicate and reach agreements. At Peikes Family Law, we offer mediator services, where both parties jointly hire our firm to mediate their case. If the parties hire our firm to act as a mediator, our firm will act as a neutral third party to help the parties reach an agreement on their family law dispute.
Peikes Family Law also offers representation for an individual party during all phases of the mediation process. We provide creative and aggressive representation in ensuring that our clients achieve the best possible outcome through mediation.
Please note that once our firm has been retained to act as a mediator, we will be unable to represent any one party in the case individually in the future. Similarly, if we represent either party individually, we would not be able to act as a mediator in the future, as it would create a conflict of interest.