Palm Desert Family Lawyer
When you need a family law attorney, experience and skill make a difference. Although there are many law firms serving the area, there are few that have a former judge pro tem as their lead attorney. At Law Offices of James A. Jackson, the Palm Desert divorce attorney has served the community for almost 25 years, and his father was an attorney in the area before him. Having developed long term relationships in the legal community, he has garnered a great depth of understanding of all matters in family law and how to best present a case for to the court.
If you want an attorney that has an aggressive approach, a long history of success in court, and is an active member of the community, you are urged to contact the firm. You can expect to be treated with the utmost respect, and to be advised what can be expected in your case under state law. The attorney will never get you involved in a legal battle that is unnecessary, and your finances are his concern as well. You will never spend more than you need to. Below is a list of the firm's practice areas. You are encouraged to read through the pages to become more familiar with the divorce process. Afterward, you are urged to contact Mr. Jackson directly to arrange a private consultation where you can discuss the details of your personal matter, and how you can benefit from the Mr. Jackson's legal representation.
Alimony, also known as spousal support and spousal maintenance is similar to child support; however, it is not awarded in every divorce and it is at the sole discretion of the judge whether or not spousal support will be awarded. There are a number of factors that a judge will take into consideration when deciding whether or not to award alimony and they include the duration of the marriage, the paying spouse's ability to pay, the age and health of both spouses and much more.
The State of California is a community property state, this means that the assets acquired by both spouses during the marriage are considered community property in nature, and are therefore subject to being divided equally upon divorce. Such assets subject to the laws of community property include: real estate, business assets, retirement accounts, stock options, pensions, insurance policies, personal property, and collectible items.
When the spouses work together with their lawyers outside of divorce court, it is considered a collaborative divorce. With a collaborative divorce, the spouses reach a compromise or mutual agreements over issues such as asset division, debt division, child custody and visitation, child support, and more.
Unfortunately, a large percentage of divorce cases involve spouses who do not agree on a number of critical issues such as asset division, spousal support, or child custody. In cases where the two spouses cannot come to terms over these issues, then the divorce is considered to be contested.
When people get a divorce, the division of debts is a large center of focus, the same as dividing their assets. In a divorce proceeding, any debt or liability incurred during the marriage will have to be assigned, paid off, or otherwise handled. These include auto loans, credit cards, home loans, small business debts, and other consumer debts.
Division of Property
The division of property is an important aspect of a California divorce, especially since our state is a community property state. For obvious reasons property cannot be split in half; therefore, it will be necessary to divide or liquidate in a 50/50 manner, which may involve selling, or getting a home equity line of credit to pay the other spouse their fair share under the law.
The divorce process has earned a well-deserved reputation for being extremely stressful. Due to the fact that assets, debts, and children are often involved, it's absolutely critical that a seasoned and knowledgeable attorney is retained. Mr. Jackson is caring, compassionate, yet aggressive when protecting his clients' interests and is not intimidated by other firms or unreasonable spouses. While he always encourages an amicable divorce, he has what it takes to stand for his clients' rights if things take a turn for the worse.
If you are in a domestic partnership and are in need of dissolving your partnership, it's important to speak with a qualified attorney that is familiar with the state and federal laws designed to protect you. Since the area of law is relatively new, it's still subject to interpretation and being challenged. For this reason it's imperative that you speak with Mr. Jackson regarding property division, spousal support, child support, health insurance and other issues of concern.
Enforcement of Court Orders
When couples get a divorce, the judge will issue several court orders in relation to assets division, property division, child custody, alimony, and other matters regarding the divorce. These court orders establish clear guidelines that are supposed to be followed by you both; however, if you are running into trouble with your spouse adhering to a court order, then you can contact Mr. Jackson for help aggressively representing you in court.
Enforcement of Settlement Agreements
Settlement agreements are ordered by a judge in the divorce process and they cover issues over asset and property division, debt division, alimony, child support and much more. At times one spouse will have difficulty getting their ex to comply with the court order, and sometimes it takes legal action in order to enforce the settlement agreement.
A legal separation is very similar to a divorce, yet the couple remains legally married. Married couples who wish to live apart have different reasons for a legal separation, some of which have to do with religion, moral beliefs, the children, or even medical insurance reasons. In essence, couples who get a legal separation enjoy both the benefits of being married, and being divorced at the same time.
There are a number of divorces that would benefit from the help of a neutral third party. While some areas may be easily agreed upon, other aspects of a divorce can be more complicated and are therefore well-served by having the assistance of a professional mediator. A mediator is impartial and does not benefit one side over the other.
Orders of Protection
An order of protection is an order issued by the court to protect the victim of domestic violence. It orders the assailant to stop the abuse, stop stalking, and it orders them to stop threatening and harming their victim. It can also order that the person stop contacting the victim in person, or by phone, text, or via internet. Orders of protection can not only protect victims, but they can also aid in the divorce process.
A postnuptial functions the same as a prenuptial agreement, except for the fact that it is drawn up after the couple has already married. Discussing a postnuptial agreement can be uncomfortable but when there are issues over children from a previous marriage, property, or a significant amount of assets, it is the responsible thing to do.
There are a number of important reasons why people should get a prenuptial agreement, especially considering the fact that California is a community property state. For those who have worked hard their entire life to build a business or to build an estate, they don't want to lose half of the fruits of their labor in a divorce. For this reason, protecting one's wealth in the event of the unexpected is the responsible way to go about marriage.
A lot of things can change in one's life after a divorce. Often times there will be a remarriage, or a death in the family, or a new job opportunity that give rise to a relocation to another county or another state. When the custodial parent wishes to move away, they will often need to get the judge's approval first. Whether you are a parent wishing to relocate with your child, or if you are the non-custodial parent opposing the move, it's imperative that you seek out quality legal counsel regarding this matter.
Spousal support is also commonly known as alimony or maintenance. In California, spousal support is not awarded in every divorce and it is entirely up to the discretion of the judge. The judge will take into consideration the length of the marriage, the age and health of both parties, the job skills and education of each spouse, and each spouse's earnings among other factors when determining whether or not spousal support is to be awarded.
An uncontested divorce is certainly the most favorable type of divorce to have. When you and your spouse can agree on issues over asset and debt division, child custody and visitation, and child support, then the likelihood of both parties sticking to the arrangement and getting along, is much greater.
The area of divorce and family law is sensitive and complicated by nature. Considering the fact that your family and your assets are vulnerable during divorce proceedings, it's imperative that you choose a legal representative with years of experience and an excellent reputation in the legal community. With the Law Office of James A. Jackson, you cannot go wrong. Mr. Jackson has nearly 25 years of experience serving the Coachella Valley in divorce and family law matters, and he knows exactly how to protect his clients and advocate on behalf of their best interests from start to finish. Contact the firm today to schedule a one-on-one consultation with James Jackson, an attorney you can rely on and trust with your future.
The firm serves the areas of Cathedral City, Coachella, Desert Hot Springs, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage and Indian Wells.