Family Law FAQ
Answers from Our Folsom Family Lawyers
Navigating a complex family matter is stressful enough – when you add in the legal components, it can be extremely overwhelming. If you are feeling in over your head, rest assured that the Law Office of Tiffany L. Andrews, P.C. is here to help. Below, we have answered some common questions about family law, divorce, child welfare law, and estate planning. We hope you will find this information useful as you progress through your case.
If you still have questions after reading our FAQ, please don’t hesitate to contact us. Reach out online or at (916) 794-4576.
Divorce
What is the difference between a divorce and a dissolution?
There is no difference, as these words are used interchangeably and mean the same thing.
What does the word equalization mean in the context of a divorce or legal separation?
It means to ensure each spouse is taking a similar amount of community property and debt, i.e. if Wife is getting $5000 in community property items and Husband is taking $0, then Wife would owe Husband an “equalizing” payment of $2500 to ensure each spouse takes the same value of the community at the end of the divorce or separation. The same is true for debt.
Is the law the same in cases in family law as it relates to children in the child welfare law system?
No, absolutely not. Cases that are brought within the context of a parentage case, legal separation, and/or dissolution are governed by the California Family Code. Cases in the child welfare law system, i.e. juvenile dependency cases, are governed by the California Welfare and Institutions Code.
What can I do if my judgment did not address a piece of community property in my divorce?
The law in California permits a party or parties to return to court to dispose of any property that is considered to be omitted from the prior division of assets. The omitted asset would be equally divided, if it is deemed community property, UNLESS the parties agree to otherwise.
Isn’t having a team of collaborative professionals going to be more expensive than just hiring an attorney for my divorce?
Typically no, as cases that are left unresolved and require a judge to make a decision have to go to an evidentiary hearing. Having an evidentiary hearing can be very expensive for a client far beyond any team of professionals depending on how complex the issues in dispute are.
Child Welfare Law
Can I change a court order I got relating to my children from juvenile dependency proceedings, i.e. cases involving Child Protective Services?
It depends. Orders from a child welfare law case where dependency has been terminated with specific court orders in place are considered final custody orders. To modify these types of orders, the person seeking the modification will need to establish that there has been a significant change in circumstance since the prior orders were made and that the newly requested orders would be in the child’s best interest.
Estate Planning
What’s in an estate plan?
An estate plan normally consists of four main documents: A trust, a will, a Durable Power of Attorney for Financial Management (DPA), and an Advance Health Care Directive (AHCD). A will and trust plan are for after death, and the DPA and AHCD plan are for during life. Every person over the age of 18 should have most – if not all – of these documents in place to plan for the unexpected.
What is the difference between and will and a trust?
Both documents distribute property after a person’s death. However, a trust is considered a probate avoidance tool. A will by itself does not avoid probate.
Why should I get a trust?
The main purpose of a trust is to avoid probate. Probate is a very lengthy, very expensive court process where the courts will supervise the distribution of a person’s estate. This process can take anywhere from 9-18 months to complete, and costs thousands of dollars that are paid from the estate. In California, probate is triggered when a person has assets in their name that value over $150,000. This means that if you own your own home, this asset will likely trigger probate. Placing assets like your home, financial accounts, and other valuable personal property in a trust will prevent probate from occurring. This means your beneficiaries will receive their inheritances much faster, and it will not be diminished by the cost of probate
Meet The Team
We Understand the Importance of Trust in the Family Law Attorney-Client Relationship
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“Protected My Interests”
Tiffany has been dealing with my divorce for going on 3 years. Just wrapped up last week. Unfortunately, that's how long my divorce took. But she stuck by and fought for me even though the divorce laws are skewed to basically screw me. In the end, we were able to get a final judgment that I was comfortable with. She was always reachable and responded timely. All in all, she is a great lawyer who will do what's in your best interest.- Rob -
“The BEST”
We have been her clients for about 7 years now. We first hired her when she was working with another law firm. We were so impressed and pleased with her that we followed her when she started her own law firm. She is very kind, understanding, and has always advised us in the right direction. She's helped us with multiple cases and is always on top of it. We definitely couldn't have done it without her help. We highly recommend her. She also has a great staff. They are always quick to respond and very helpful.- Enrik -
“Divorce & Separation Advice Session”
She was great, put my mind at ease. I had a few short questions, not enough to warrant a face-to-face with a lawyer at a high price and she took care of them. Precise, knowledgable and friendly too.- Previous Client -
“Divorce & Separation Advice Session”
Miss Tiffany Andrews gave me the advice that I needed during those 30 minutes, and it was very helpful. She is sharp, quick, a good listener and stays to the point, and keeps the discussion within the context of high priority items.- Previous Client -
“I will always be thankful that you represented me.”
- Rachel L.Thank you for all your work and support on my file I appreciate everything you have done for me and all the recommendations you gave me. You truly helped me through one of the most difficult times and helped me get to a better place. I will always be thankful that you represented me.
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“Peace of Mind”
Tiffany is perfect! She made herself available to me right away! She is a great listener!! I would recommend her to anyone going through custody battles and divorce.- LaCrisha -
“Attorney With Compassion”
Working with Tiffani Andrews Law office was a godsend. After struggling for a bit to get legal assistance, I found Brenda. She showed a great deal of empathy to me as I was unfamiliar with the California legal process, and had the need to get legal assistance as soon as possible for a divorce and child custody case. Her guidance and handoff to Stephanie could not have been more helpful and beneficial. I would recommend this office for all the obvious reasons, but also for their efficiency and clear value for the client. Tiffani Andrews Law has my complete trust.- Mary -
“Tiffany Will Fight for You”
If you are looking for a law firm to represent you and your family/children in dependency court you need to hire the law firm of Tiffany L Andrews! Tiffany is a warrior in the courtroom. She fights for her clients like she would her own family. She's an expert in the child welfare law. Tiffany is a skilled professional and well respected in the "system". She is passionate about her work and maybe most important she uses her knowledge and skill in the courtroom.- Previous Client
