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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“Highly Recommend this Law Firm”
Extremely knowledgeable of the family law issues confronting me. Highly motivated to assist and involve me in the process so there are no surprises. So far I am satisfied with the process and would highly recommend this law firm to take care of your legal issues.- Jack -
“Professional and Highly Commendable Family Lawyer!”
Ms. Andrews is a highly trained, professional, experienced, ethical, and commendable attorney. She has gone above and beyond in her education and specific focus of family law and it is clear in our interactions that she follows her business motto of "If you care, we care!" Ms. Andrews' staff are courteous and helpful as well. My case is complicated with child custody, small business ownership, and other factors. Ms. Andrews' has been communicative, clear, and concise in my options and implications of my choices. She gives me sound, logical legal advice that is the best for my situation. She truly has her clients' best interests in mind and she is confident in court as well as in negotiation with the opposing counsel. Ms. Andrews' follows through with what she says she will do and also will make sure future plans and what needs to be done are clearly laid out to the opposing counsel. I could not be more pleased with my attorney and highly recommend her without hesitation.- Tracy -
“International Service of Process and Divorce Guidance”
Tiffany was very fast to respond, she was direct and very very knowledgeable. She took the time to quickly understand my situation and also advise on the correct process surrounding serving documents overseas. I was very satisfied with her level of prompt and above and beyond guidance. Thank you.- Stefan -
“Review of Tiffany Andrews”
Very responsible and professional lawyer in my opinion. Represented me well and got me what I wanted. As well, provided me with good solid solutions for my situation and gave sound advice. Highly recommend to anyone else.- George -
“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 -
“Excellent Process and Assistance”
I'd like to thank Tiffany for her advice. I've been divorced for over a year and am still trying to collect on the settlement agreement. I had a question about the legal interest and if it's collectible and she said definitely! as long as the judgment doesn't preclude it. She was extremely helpful - also offering other remedies to assist in the collection of the funds. I would definitely call her again if I need more help.- Previous Client -
“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 -
“Rock-star Attorney!!”
I spoke with Tiffany on the phone for a short 15 consult and she helped me very much with my case. She was able to ask some great questions and provide great advice! Thank you very much :)- Celeste
