Aggressive California Divorce Lawyer
At the Law Offices of Dieter Zacher, we have worked with hundreds of Southern California clients to resolve their family law cases. Family courts operate on a short timetable, so it is important to decide which actions need to be taken early in the game.
Dieter Zacher was awarded the distinctive Southern California Rising Star award for 2004, 2005 & 2006. Only the top 2.5% of Southern California lawyers receive this distinction. The award is granted based on a polling of the lawyers who received this award in prior years. Biographical information about Mr. Zacher is included in the September 2004, 2005 & 2006 issues of Los Angeles Magazine and Southern California Super Lawyers - Rising Stars Edition Magazine.
Our Approach to Your Divorce
During your free initial consultation, we will get to know you better and understand your goals so that we can work toward resolutions that fit your needs. We will provide legal advice regarding all of your options. No matter how you choose to persue your needs, we will support your decision and aggressively carry out your goals.
Divorce
Divorce is rarely easy. Dealing with a broken marriage, sorting through community property and restructuring the family relationships often results in emotional and financial stress. At the Law Offices of Dieter Zacher, we know you need exceptional representation to get through this difficult time in your life.
Divorce, or dissolution of marriage, is the termination of a marriage before the death of either spouse. The Divorce can be refuted, or expunged, with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as Spousal Support or Alimony, Child Custody, Child Support, and Distribution of Property.
A Divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the Divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately.
Child Custody/Visitation
In every case involving children, both legal custody and physical custody of the child must be determined.
Legal custody of a child gives the parent the right and obligation to make decisions about a child's upbringing. Decisions regarding schooling, religion, medical and dental care, for example, are made by a parent with legal custody. Many parents choose to share joint legal custody, giving both parents the right and obligation to make the important legal decisions regarding their children.
Physical custody is the right of a parent to have a child live with him or to have visitation. In California, a parent may request sole physical custody or joint physical custody. The standard for determining physical custody is determined by what is in the "best interest of the child." Joint physical custody is usually preferred absent evidence of physical violence, drug or alcohol abuse or other behaviors or conditions that would render the parent unfit.
Joint Custody usually means that the child will live with one parent (or custodial parent) and the other parent (non-custodial parent) will have a generous visitation schedule. Joint custody has the advantages of assuring the children continuing contact and involvement with both parents, and alleviating some of the responsibilities of parenting for each parent.
Sole custody means that the custodial parent has sole physical custody and usually sole legal custody of a child. Depending on the reasons for granting sole custody to one parent, the non-custodial parent may or may not be given visitation. In some cases where a parent is unfit or lacking in parental skills, the court may order the unfit parent to attend parenting classes. In the event a parent has lost custody of a child, reunification (through therapy, supervised visitation or meeting the child in a comfortable setting) is recommended to reunite the child and parent and establish a visitation plan.
Child Support
Child support may be modified at any time. In the State of California, the California Department of Child Support Services will assist parents in obtaining and enforcing child support orders. The District Attorney's office is very efficient in most cases; however, be aware that once you file your case with the District Attorney office, it may take up to two years before you case may be heard. If you cannot wait for the District Attorney's office to process your case, you can file for a modification (commonly referred to as an Order to Show Cause for Child Support) with the court directly. It is highly recommended that you have an attorney represent you when modifying orders to ensure all the paperwork is filed correctly and to handle the complexities of hearings.
Pursuant to California law, the amount a parent will pay or receive is based the following factors:
- the needs of the child -- including health insurance, education, day care and special needs;
- the income and needs of the custodial parent;
- the paying parent's ability to pay;
- the standard of living of the child before divorce or separation;
- the gross income of each parent; and
- each parent's custodial time with the minor child.
TheDivorce Process
Once you have retained The Law Offices of Dieter Zacher, we will set an appointment in the next few days for you to review and execute your Petition for Dissolution. Thereafter, we will see that your Summons and Petition is filed with the Court and served on the Respondent (the other party). The Respondent will be served either by mail or personally at home or work. Once served, the Respondent has 30 days to file a Response.
It may also be necessary to file an Order To Show Cause to obtain temporary orders for child custody, support, or other orders, and this Order To Show Cause may be served with the Summons and Petition or at a later time.
Once the parties have filed a Petition and Response, the parties may be required to obtain valuations of community assets and conduct discovery. This process can take between thirty days to a year depending on the complexity of the case. Once the parties have conducted discovery and obtained the necessary valuations, either party can request a Trial Setting Conference. At a Trial Setting Conference, the parties determine the issues to be tried by the Court, the duration of time needed for trial, and when the party can be prepared to go to trial. The Court will set the matter for a trial and often set a Mandatory Settlement Conference prior to the trial date.
According to California law, a dissolution may not be final for 6 months from the date of service of the Summons and Petition on the Respondent. However, in some cases, a dissolution may take longer than 6 months to get to trial. In that case, a party can choose to wait until the trial date or in the alternative, file a motion seeking a "status only" dissolution reserving all other issues of the dissolution to the time of trial.
The Law Offices of Dieter Zacher, Esq. was established to provide aggressive representation of our clients along with an individualized and compassionate approach to help our clients with their family law matters. Our down to earth style in providing advice, guidance, and understanding of the legal process will allow you to feel at ease. You can be confident that your matter is being handled with the utmost diligence and that our office is zealously representing you. Call our office at 714-960-6170 for a free initial consultation today to meet Mr. Zacher and his staff.
Contact us for a free initial consultation. If you need a lawyer to represent you in business, real estate, personal injury or civil litigation case, see our Practice Areas Overview page to find out how we can help with those issues as well.
For your convenience, we accept VISA, MasterCard, American and Discover credit cards. We are happy to schedule an appointment with you during regular business hours, and we can accommodate after-hours consultations if needed.
Law Offices of Dieter Zacher
17011 Beach Boulevard
Suite 900
Huntington Beach
CA 92647
Phone: 714-960-6170
Fax: 714-960-6180
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Serving all Cities in Southern California, including:
Agoura Hills, Alhambra, Angeles Vista, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Big Pines, Burbank, Carson, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, El Monte, El Segundo, Flintridge, Foothill Division, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Highway Highlands, Hollywood, Industry, Inglewood, Irwindale, La Canada, La Crescenta, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lenox, Little Rock, Lomita, Long Beach, Los Angeles, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Monterey Park, Montrose, Northridge, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pearl Blossom, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando, San Gabriel, Santa Clarita, Santa Fe Springs, Santa Monica, Signal Hills, Temple City, Three Points, Torrance, Valinda, Van Nuys, Ventura County, Verdugo City, Viewpark, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Orange County, Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, El Modena, El Toro, El Toro Marine Base, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Mission Viejo, Modjeska Canyon, Newport Beach, Orange, OC, Orange Park Acres, Placentia, Rancho San Margarita, Rossmoor, San Clemente, Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Tustin, Villa Park, Westminster, Yorba Linda.
