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Family Law FAQ

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
  • “Divorce & Separation Advice Session”
    Very helpful and experienced!
    - Previous Client
  • “This Office is Great!”
    I met with Brenda and Karen and both were very professional and gave excellent customer service. They were clear, concise and answered all of my questions. I came out of that office feeling like I was on the right footing and knew I had a powerful group behind me if I need it. I would recommend everybody!
    - James
  • “Kindness and Generosity”
    I can not thank me Andrews and her team enough for the kindness and generosity they showed me throughout one of the most difficult things I’ve had to deal with in my life. My head was spinning after months of googling and weighing my options while searching for a lawyer to handle my case. I imagine like most in the working class you may be afraid that you will make the mistake and hire the wrong lawyer. Wasting all your funds and end up no better off than you were. This was not the case with Tiffany and her team. I made the stupid mistake of going to the first part of my divorce custody case of going at it alone my case was very clear and I trusted the justice system to do what was right. This was not the scenario I faced. The opposition lawyer was able to manipulate everything and knew loopholes that the average person wouldn’t even believe was something that could happen in a court room. I can not stress enough it does not matter what is right and what is wrong you need a lawyer to protect yourself. As far as I’m concerned Tiffany and her team are mericle workers. I went into this thinking “oh great I’m going to be manipulated out of more and more money and I’m going to end up where I started anyway” following Tiffany’s advice I ended up being able to protect myself. From the moment I retained ms Andrews she was there for me literally day and night. I had many questions and issues throughout my case and though I don’t suggest anyone bothering her after business hours there were a few times I felt I needed to contact her and received a response very shortly after. These responses were often reassuring that she had things under control. This is a huge factor for me. Also she was very knowledgeable and always represented herself and myself in good light. I did not want to be vicious and aggressive and she managed to be assertive without being over the top. She was very respectful and I never had the feeling hat things were over my head. She always took the time to explained things to me in a way that I could understand and make well informed decisions. I would and will recommend me Andrews and her team to anyone looking for the best.
    - Brian
  • “Thank you beyond measure to Tiffany Andrews!”
    Tiffany Andrews has been a huge help to me in my custody/parentage case. Not only has she eased my mind in this whole process, but has educated and guided me on/through this every step of the way! Extremely knowledgable, professional and timely with responses to my every question. Thank you beyond measure to Tiffany Andrews!
    - Sarah
  • “Great Attorney!”
    Tiffany is currently working on my divorce case, and I couldn't be happier. She clearly explains each process and is always available to clarify any questions I have. I would highly recommend her to my family and friends.
    - Barbara
  • “Dedicated and Professional”
    Ms.Andrews represented My husband and I for a very emotional child custody case in early 2010. She was professional, prepared and most importantly fought for our side to be heard by all parties involved. 
    We are thankful for all the hard work that she put into our case that lead to a positive ending for our case. We would recommend Ms. Andrews for any legal issues that you may have in family court.
    - Previous Client
  • “Very Knowledgeable Attorney”
    I'm the father in the middle of a dependency juvenile hearing. Tiffany Andrews is an upfront, honest and sincere attorney with knowledge in this area that surpasses any other attorney I've consulted with. She was able to educate me and inform me of the different directions my case could go. She gives great advice, something that not all attorneys give, and gives me the facts of what she sees, not sugar coating it. If you're looking for a caring and dedicated family law attorney, I highly recommend Tiffany Andrews.
    - Vincent
  • “Amazing Experience!”
    Tiffany helped me through a very difficult custody battle, and she was very helpful and informative. She answered all of my questions and made me feel very comfortable. Tiffany truly knows what she is talking about... I would highly recommend her to anyone trying to get through a difficult custody battle, or anything else!
    - Previous Client

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