Family Law FAQ’s

1. Custody and visitation:

Often women have questions about custody and visitation matters. Custody and visitation issues often require mediation and the utilization of court personnel to meet and confer with parties to discuss such questions as, who will be the primary custodian, what visitation rights the non-custodial parent will have and who has been the primary caretaker of the children.

Parties may also wish to use the services of a private professional evaluator. Attorney Edmunds has often referred clients to private custody evaluators in family law cases. The extra time and expense often proves advantages to clients who request and want to commit financial resources for this purpose.

Many women want to know when a father is not permitted to see a child. The circumstances vary. Obviously the conduct of the parties is scrutinized by the court very closely. If either party is involved in the unlawful consumption of alcohol, drugs or involved in aberrant behavior this is of concern to the court. Such issues may be discussed at mediation and can also be presented to the court. If you have questions in this area, do not hesitate to contact the offices of Alan V. Edmunds.

The above information is only a partial response to questions frequently asked. For further detail and in depth examination, please call our office.

2. Support:

Frequently women involved in divorce need financial support. Whether that support be in the form of spousal support or child support, questions arise as to how the support is calculated and when it is paid. As a general rule the family law courts utilize a computer based software program to calculate support. In the area of child support the calculations are dependent upon many factors. The most important factors include the income of the parties and the percentage of time share that the children spend with each parent. As indicated, however, there are numerous other factors in the calculation. For more information on this issue, please do not hesitate contact an attorney or call the law offices of Alan Edmunds.

3. Job Contacts

Many women ask if they will be required to seek employment in a divorce situation. There are indeed requests that can be brought by the opposing party for job contacts and to have income imputed to the opposing party. These issues do not follow a general guideline and are dealt with on an individual basis. If you have questions about this please do not hesitate to call the offices of Alan Edmunds.

4. Division of Assets

Frequently in a divorce there are insufficient monies available to support both parties and to support the assets that were held during marriage. Questions are often raised about family homes and whether they will be sold. This is an issue that is frequently decided by the courts. It is not uncommon for judges to order the sale of individual assets and have the proceeds held in trust for safe keeping to the conclusion of the dissolution action. The court may then order the release of the funds to the parties.

Frequently women have questions concerning their probability of staying in the family residence during the pendency of a divorce. There is case authority to allow women with children to remain in the residence for a period of time. There are no general rules in this area and the courts treat this issue on an individual basis. The financial ability of the parties to obtain independent housing is closely scrutinized by the court. If you have questions in this area please do not hesitate to contact an attorney or call the offices of Alan. V. Edmunds.

5. Domestic Violence and Restraining Orders

Women often bring questions concerning the issue of domestic violence that has occurred during their marriage. Domestic violence is treated very seriously by the courts and can have a powerful influence in the course of family law litigation, particularly in the area of custody and visitation. Women should contact attorneys immediately for advice in the area of restraining orders and domestic violence. Courts focus on the severity of the violence, the time and date of the violence relative to the request for restraining orders and the harm that resulted either to the women or to the children in the relationship. Domestic violence is a very complex area and requires careful presentation of facts. The courts do have personnel available to assist women who have been victims of domestic violence. Women are encouraged to contact the courts, law enforcement and attorneys as they deem appropriate.

These are a few of the areas that are frequently discussed in consultations between Attorney Edmunds and women who are contemplating divorce. If you would like further information or desire an office appointment, please do not hesitate to call the offices of Alan V. Edmunds.

Divorce Records:

Divorce records provide documented information that a person is legally divorced. By accessing divorce records, a person is able to find out when and where divorce filings were made as well as the names of the spouses involved and case numbers. Divorce records also indicate if domestic violence was present – revealing restraining orders, child custody, property and other settlement resolutions.

Divorce records are stored at the state and county levels. Many states offer a way of obtaining a copy of your divorce records, but you must know where to request them. In California, residents can contact the Department of Health Service’s Office of Vital Records to request a copy of their divorce records. Many states have few records earlier than dates listed or are limited by non-computerized methods, limited personnel or other situations that can delay the time it takes to receive divorce records.

Due to budgetary constraints in California, the Center for Health Statistics Web site says processing time can be delayed for up to two to three years. But divorce records can also be obtained by contacting the Superior Court in the county where the divorce was filed. A certified copy of the actual divorce decree is provided by the Superior Court.

A California Certificate of Dissolution of Marriage Request can only be issued by the Center for Health Statistics for divorces that occurred between 1962 and June 1984. A Certificate of Record includes the names of the parties to the divorce, the county where the divorce was filed and the court case number. The Certificate of Record is not the same as a certified copy of the divorce decree. When unable to identify the county where the divorce was filed, a request for a Certificate of Record (1962 through June 1984 only) can be submitted to the Center for Health Statistics for processing, which, as stated earlier, can be delayed for two to three years

Using the Application for Certified Copy of Marriage or Divorce Record, processing requests can occur faster and more accurately. Included on the form is information for the name of the husband as it appears on the divorce record, the full name of the wife as it appears on the divorce record, and the date of divorce and country of divorce. There is a $13 fee for a Certificate of Record, which must be sent as a check or money order to the Office of Vital Records, along with the information to the California Department of Health Services.

Because the California Office of Vital Records does not have a public counter where customers can visit the office, requests for divorce records can only be submitted through the mail and questions answered by calling the Customer Service Unit.