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Laurel Peniche Gartman Family Law Attorney

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714-283-2811

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Laurel Peniche Gartman Family Law Attorney

  • Home
  • About Us
    • About Laurel Peniche Gartman
    • Meet The Team
  • Practice Areas
  • FAQ
  • Testimonials
  • Contact
  • Blog

Blog

What happens to our children when we separate?

August 3, 2016 Laurel Gartman

The parties can agree on how they would like to share custody of their minor children. There are several different typical custodial schedules that can be followed; one party has primary custody, and the other party has alternate weekends and or midweek dinner or overnight visits. The parties can also share the week with what we call a 2-2-3 schedule, which means one party will have Monday and Tuesday, and the other party will have Wednesday and Thursday, and they will then alternate the weekends. Or lastly, the parties can share the minor children on an alternate weekend schedule. It is always better if the parties can agree, because they know their children best and they know their schedules and what would be best for their family, more so than the judge does that does not even know them. However, if there is a dispute, you can file a request for order to schedule a court hearing on the issue. The court requires both parties to attend mediation prior to any custody hearing, to attempt to resolve the issues. If the parties are unable to reach an agreement in mediation, the court will make a determination of custody and visitation. The best interest of the children is always the court’s focus. Also, the court strives to ensure that all children maintain frequent and continuing contact with both of their parents. If the parties are greatly disagreeing about custody and visitation issues, the court may appoint an attorney to represent your children. Lastly, the court may order an evidence code section 730 custody evaluation, where an expert is employed to evaluate the family and make recommendations to the court regarding custody and visitation.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Tags child custody, separation, divorce

How will our property be divided?

July 14, 2016 Laurel Gartman

All community property will be divided equally between the parties. This does not mean that all assets will need to be sold, each party can be awarded certain community property assets and debts the calculation will be done to determine the total value of the assets awarded to each party. If the division is not equal, then the party receiving a higher value of the assets will owe some money to the other party. One half of the difference between the total value of the assets awarded each party. This is called an equalization payment. It is also an option to sell certain assets, For example your house, boat, vehicle, and divide the proceeds equally between the parties. There a number of different options when dividing community property, your attorney can help you determine what type of division is in your or your family's best interest.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Tags divorce, dividing property in California, How will our property be divided?, Anaheim CA

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