The attorneys at Thompson Law practice divorce and family law throughout Kern County and neighboring Tulare County, helping individuals and families from Bakersfield to Visalia find practical, effective solutions to their legal needs.
Divorce
Whether seeking a divorce or a legal separation, there are many issues to be addressed involving the disposition of several important rights. To the divorcing spouses, the dissolution of the marriage may be the main goal, but it is actually the easiest to achieve. Either spouse can file a petition for divorce if the six-month residency requirement has been met, and no grounds have to be proven other than the irreconcilable differences of the parties. The difficult aspects of a divorce involve the underlying issues to be resolved, such as the division of property, child custody and visitation, child support, and spousal support.
Property Division and Control
In California, most property acquired during the marriage (and debts as well), belong equally to both spouses as community property. The court's job then is to distribute the marital estate as equally as possible to each spouse. Having every piece of property correctly characterized as community property or separate property, and correctly valued, is therefore essential to getting a fair deal in the property settlement and not being taken advantage of. The resolution of these matters ranges from the fairly simple to the enormously complex; having a qualified attorney who appreciates these issues, takes the time to understand your particular situation, and can advocate persuasively on your behalf is vital to successfully receiving a fair settlement.
Child Custody and Support
Child custody and support are often the most important and most contentious issues in a divorce. In granting joint or sole custody, or determining an award for child support, the court considers what is in the child's best interests. The judge looks at many factors, making it essential that your lawyer present the relevant facts and issues in a manner that protects your rights and interests while also promoting what is best for the children and the family unit. See our page on child custody and support for more information.
Spousal Support
Spousal support (sometimes known as alimony or spousal maintenance) is not awarded in every case. The court can order either spouse to pay support to the other. Support may be ordered as a lump sum or in monthly payments for a defined period of time, or until the receiving spouse remarries. Justifying or challenging an order for support involves many factors, including the income and needs of each spouse, the duration of the marriage, the earning capacity of the spouses and whether the receiving spouse can become self-supporting.
If the parties cannot agree on these matters, they will have to be decided in court following an adversarial hearing. It is vital in these instances to be represented by caring attorneys who understand your situation and will work aggressively to see that your rights are protected and your interests are served.
Other Family Law Matters
School Expulsion Hearings
The causes for expulsion are found in California Education Code Section 48900 and include reasons such as physical violence; possession of weapons, drugs or alcohol; theft; and destruction of property. As you can see, there is often an overlap between a school expulsion matter and criminal charges. Our office maintains a vigorous criminal defense practice and can defend your child in juvenile court as well as before the local school board. Before the school board can expel your child, you are entitled to a full evidentiary hearing in front of the Board, including the right to examine the evidence against you, confront and cross-examine witnesses, and present evidence and testimony in your defense. Public education is a right that cannot be taken away without due process of law. If your child is facing expulsion, contact our office for a strong defense and personal attention in your case.
Annulments
Annulments are possible when a marriage was not valid from the beginning, or if it may be voided due to fraud or some other legal incapacity, such as if one of the spouse's was too young to marry or was already married. Annulments require a hearing in court and may involve contested or complicated issues.
Experience and Expertise in a Wide Range of Matters
Our office can help in almost any family law matter that arises, including:
- Immediate Restraining Orders
- Child Protective Services (CPS) Cases
- Guardianships
- Emergency Ex-Parte Hearings
- Stepparent Adoptions
- Modifications
- Move-aways
Individuals and families in Bakersfield and beyond trust the attorneys at Thompson Law to provide them with sound, professional advice and effective representation in their family law matter. We take the time to listen and understand each client's particular needs, and provide the best counsel in their specific situation. Contact Thompson Law for a free consultation regarding your divorce, guardianship, or other family law matter.
