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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“Professionalism and Expertise”
Mende Romaniak has again shown both professionalism and expertise as she helped navigate me through gaining custody of my daughter. Through her hard work and concise detailing of my case not only was she able to secure sole physical custody but also sole legal custody as well. I was told more than once that gaining custody as a father is a tall order but Mende and the Law office of Tiffany Andrews came through with flying colors. I highly recommend.- Mike -
“Great Attorney!”
Thus far I am impressed with Tiffany L. Andrews. I found Tiffany on this very site while on a time crunch. Great reviews gave me hope. The start of my case occurred on a Wednesday night, Thursday night I was informed I needed legal counsel. I searched the web for hours until I came across Tiffany. The morning of Friday I called the office to schedule a phone consultation and informed them I needed a lawyer ASAP. Monday morning Tiffany showed up in court to represent me and I felt a sense of ease. I appreciate that Tiffany is very accessible. If I have a question she responds within a timely manner. She is very knowledgeable and goes the extra mile to protect your privacy and rights. I hope the rest of my child dependency case is smooth sailing from here on out. Thank You, Tiffany, for your help. Greatly appreciated!- Previous Client -
“Child Custody Case”
- AlanTiffany was asked to represent me in court as my primary attorney was called to attend another court case.
Tiffany acted in a very professional manner, was very supportive, Tiffany made sure that she has a good understanding of my case prior to attending court. Whilst we waited for the court to open Tiffany was very attentive to me, asking me if I had any questions, trying to relax me even though this is a highly confrontational custody case. During the wait time, Tiffany noticed that the other attorney was acting inappropriately and immediately challenged his position, to which he apologized.
Once in court Tiffany took the lead putting forward our case, she did this in a well-structured way. Each point had solid reasoning and when the apposing council tried to interrupt Tiffany politely asked him to wait until she had completed his argument. Tiffany mentioned to the judge the incident in the waiting area and the Judge was very clear that this behavior was unacceptable. The judge listed intently to Tiffany points and contentions, the facts were very clear and he was able to make the required decisions based on her submission without further clarification on my custody request.
Despite the fact Tiffany was covering for another attorney, I could not have asked for better support. She is an outstanding attorney, very knowledgeable on custody cases and the rules relating to custody. I would have not had a second thought engaging Tiffany as my primary attorney or making a recommendation to anybody who needs an excellent divorce/custody lawyer.
Thank you for your support - you were outstanding -
“Superior Customer Service”
- JetI was very lucky to have found Atty Andrews online because she addressed all of my questions and concerns over the phone for 30 mins without coming across as someone who is only interested in me as a client for money. She went above and beyond the phone consultation and normally there's a $150 consultation fee that she waived.
She was very helpful and honest and I felt that she genuinely had my best interest in mind and not her business for profit. She even recommended for me hire an attorney in Texas vs California because it is the most beneficial for my family and the one that makes sense the most. I would have loved to hire Atty Andrews to represent our family, but we will listen to all of her advice and recommendations. Thank you, Atty Andrews!!!
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“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 -
“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 -
“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 -
“I highly recommend Tiffany Andrews for your family law needs!”
Tiffany L Andrews has represented me with professionalism and care. She thoroughly explained the legal processes to me and assisted me through the intricacies of my divorce. She also assisted and allowed me to participate in all of the decisions that were made in my case. She interacted with opposing counsel with professionalism and courtesy while maintaining a firm stance as to the interests of my case. I am very impressed with her abilities and the manner in which she conducted herself while handling my case. Her staff is also very competent and accommodating to my personal needs. I am very satisfied with results thus far, and I am confident that I have made the right decision when I hired Tiffany L Andrews as my attorney.- David
