The Law Offices Of Diane Anderson

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The Law Offices Of Diane Anderson

A guardianship is up until you’re 18. In other words, if an individual is under 18, you have to get a guardianship over that person. Anyone that is over 18 years old means that person can get a conservatorship. When you have a child that has autism, down syndrome, or some sort of handicap, and they turn 18, you have to get a conservatorship to make sure that they are taking their meds and taking care of their needs. You are assigning a power over the 18-year-old, that’s a conservatorship. Sometimes, there is voluntary conservatorship, and they can say yes. A lot of times, the court awards the conservatorship over a person. The court will send a court investigator to the home to do research and background checks on the person to make sure that it is the right choice for the person. Typically, it is a parent, or when it’s older people, it’s usually children that conserve their mother or father.

What Is A Guardian Ad Litem? When Is One Used In Family Law Cases?

Guardian ad litem is when the person being guarded has an attorney. It’s when you go to court, and the court appoints an attorney to investigate the circumstance and report back to the court with their findings. If the person that’s going to have a guardianship needs an attorney, it is called guardian ad litem. It’s only done in rare cases, but it’s when the court needs to hear from someone with a legal background because a court investigator is usually an employee of the court, and not necessarily an attorney.

How Can I Prepare For An Impending Divorce In California?

For an impending divorce in California, you can go to a notary to get some information. You don’t need to hire someone until you want to proceed or someone else has filed against you. I advise clients that every court has what’s called a family law facilitator, and they can help you do the paperwork. They’re not your attorney, and they can’t give you legal advice, but you can go in and ask how to respond if you have been served paperwork. They’ll show you the paperwork, and that costs nothing.

What Options Do Couples Have When Proceeding With A Divorce In California?

If clients are actually getting along, then the couple can proceed with a mediator or a collaborative divorce. A collaborative divorce is mostly used when you have high assets. In a collaborative divorce, you’re going through and collaborating with an attorney and financial planner. There are a lot of professionals in the same room, and it is costly. Some mediators are attorneys that are trying to help people mediate so they can’t be any of your attorneys.

California is a no-fault state, and therefore you can get divorced for any reason. California is also a 50/50 community property state, which means that the three big areas of your divorce, which are your kids, assets, and debts are all split 50/50.

When it comes to the children, it refers to custody, which is 50/50, and potentially one party is going to pay support to the other. It depends on who the higher income earner is because when you get a divorce, it’s all about the kids. The kids are the innocent victims, they didn’t ask for the divorce to happen. Thus, the courts will usually focus on making sure that the kids are stable and in a similar financial environment. It’s all about the kids when it comes to support, and the same applies to spousal support. The court tries to equalize so that either party is in a similar financial position as when they were married.

The whole point of a mediator is to help the parties choose and divide everything. They are there to try and help guide what the law is, and what would best suit the people involved. If it’s 50/50, and you’ve got a couch and a dining room set, you can’t split the couch in half and you can’t cut the table in half, so one person would take the couch and the other would take the dining room set. If one of those is a higher value, then you have what’s called an offset. For instance, if your couch is worth $4,000, but your dining room is only worth $2,000, then there’s a $2,000 discrepancy. That means that somewhere there has to be a thousand-dollar offset.

For more information on Conservatorship In Family Law Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (530) 317-5556 today.

The Law Offices Of Diane Anderson

Call Now For A Case Evaluation
(530) 317-5556 | (209) 881-9222