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San Diego Divorce Lawyer Jane Wesley Brooks
When thinking of family law, divorce typically comes to mind. Rightly so, as divorce is the most common legal dispute in the California family court system. The Law Offices of Jane Wesley Brooks, a divorce law firm, have vast experience in divorce proceedings, child custody and visitation, pre- and post-nuptial agreements, support agreements and property settlements on behalf of clients in San Diego and Riverside counties.
Choosing to end a marriage is never easy. If you are considering divorce or have already made the decision to separate from your spouse, it is important to find a family law attorney who will not only be a strong advocate for your legal rights, but one who also understands – and attempts to minimize – the emotional and financial impact divorce has on you and your family.
Jane Wesley Brooks is that attorney. Her approach to divorce is “settlement when possible, trial when necessary.” Though her goal is to finalize your divorce without unnecessary litigation, she is a confident, experienced litigator and a strong advocate for you in the event that your case makes it to the courtroom.
Divorce in California can be complex, and The Law Offices of Jane Wesley Brooks are committed to educating clients about the divorce laws applicable to your particular case. Our office maintains stellar communication throughout your divorce proceedings via telephone, email and fax, to ensure that you know the status of your case and how the law may affect your divorce outcome.
California is a “no-fault” divorce state, which means you must simply state that you and your spouse or domestic partner have irreconcilable differences. It is not necessary to prove wrongdoing, nor is it necessary for your spouse to consent. To successfully file for divorce, either you or your spouse must have lived in California for six months, including three months in the county in which you file.
Child Custody & Visitation
Child custody and visitation are a central issue when parents of minor children divorce. While some parents are able to construct and adhere to legal and physical custody orders, as well as child visitation agreements on their own, others benefit from the expertise of a family law attorney and the assistance of the court. Jane Wesley Brooks is experienced in child custody and visitation agreements, dispute resolution and relocation.
Legal and Physical Child Custody Orders
When drafting custody orders, Jane Wesley Brooks will review your family’s personal situation, evaluate options for joint or sole custody and prepare paperwork to formalize your custody and visitation arrangements with the court. In situations where modifications to an existing custody arrangement are needed, Jane Wesley Brooks will review your existing agreement and reach a modification or advocate for a modification that best fits the needs of the minor children.
Child Visitation Modification
The Law Offices of Jane Wesley Brooks represents clients involved in custody disputes in which parents cannot agree on a visitation schedule that is in the best interests of the child. When custody arrangements are unresolved, and a solution cannot be reached out of court, the court will determine the best interests of the child and award visitation accordingly.
Numerous factors come into play when the court assesses and orders visitation based on a child’s best interests including the health, safety and welfare of the child, as well as frequent and continuing contact with both parents. It is important to work with a family law attorney to ensure that you put yourself in the best possible position to argue for custody or visitation rights in the best interests of the child.
Parental relocation or “move away” becomes an issue between divorced parents when one party wishes to move out of state with the children. Depending on your custody and visitation agreement, a move which substantially increases the geographical distance between one parent and a child will require consent of the other parent or permission of the court. Whether you are the moving or non-moving parent, Jane Wesley Brooks will advise on relevant factors to consider in order to request or oppose a move with children.