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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“Would Recommend to Anyone”
I cannot say enough good things about Tiffany Andrews. I had a previous attorney who completely messed up my case and the work Tiffany was able to do was amazing. She is efficient, honest, understanding, and incredibly intelligent. I would recommend her to anyone who wants a smart, educated, kind attorney who genuinely cares and can get results that you want. Truly impressed and grateful I found her!- Nicole -
“Child & family advocate”
Tiffany is an amazing lawyer. She shines in the courtroom. I recommend hiring her for child & family law and cps dependency court cases. She is well respected in her profession and has solid knowledge of the law.- Ann -
“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 -
“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 -
“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 -
“Strongly Recommend! Goes above & beyond to help in the most difficult time!”
I was referred to Tiffany Andrews by another attorney who was dismissed from my case due to a conflict of interest, I was not confident in handling the case on my own. I contacted her office for advice on possibly representing myself. I first spoke to her staff, Sara & she already knew about my situation so she scheduled me with Andrews. I met with Andrews for a consultation and was 100% certain that I wanted her to represent me after our visit. I noticed that she was very knowledgeable and was already informed about my case from the previous attorney, So immediately I signed & started a retainer. She immediately got started, then she gave me our game plan & was very informative on anything that I had to do to make things run smoothly, I was very impressed with how fast her & her staff took action. She has brought up other suggestions that are in the best interest of my case. I feel that Tiffany Andrews & her staff (Sara) go above & beyond & are very compassionate about my case & the safety of my children. I 100% recommend Tiffany Andrews & her amazing team to anyone who is dealing with Custody or Restraining Order!- Previous Client -
“Excellent Attorney!”
Tiffany and her office have been Great. I am going through a difficult divorce. So far she has been there for me when I have concerns. In court, she has brought her A+ game. She is very detailed. Tiffany has been able to get full standard on alimony, which is what I wanted. And lawyer fees. For the first time in a long time, I am hopeful of a positive outcome.- Previous Client -
“My experience with the law office of Tiffany Andrews made me believe that I chose the right law office to represent me.”
- Cynthia B.My experience with the law office of Tiffany Andrews made me believe that I chose the right law office to represent me. Tiffany and staff were very professional and yet they made me feel that my best interest is their primary goal. Thank you once again Tiffany and firm!
