Skip to Content
Top
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
  • “I will always be thankful that you represented me.”

    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.

    - Rachel L.
  • “Custody, Child Support, and Divorce case.”
    I was very pleased with the free consultation that was provided to me by her. She really took the time to listen to all my concerns and provided me with some excellent feedback. Overall, I was very satisfied with the service she provided me with and look forward to having her fight my case. I recommend her services to everyone.
    - Previous Client
  • “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
  • “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
  • “My experience with the law office of Tiffany Andrews made me believe that I chose the right law office to represent me.”

    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!

    - Cynthia B.
  • “Hard Working”
    Ms. Andrews did a lot of research on issues she was not clear so that she would be able to provide accurate information and advice. She worked diligently on my case, while my ex's attorney was playing "legal games" - by sending letters with false claims to rack up his fees - while pretending to work on the case. Unfortunately my divorce was very complicated; however, in the end, Ms. Andrews managed to win over my ex - so he fired his attorney and we had Mr. Andrews finish the final paperwork for the both of us. In the end, Ms. Andrews saved both me and my ex, additional grief, frustration and money.
    - Previous Client
  • “Fantastic Service & Professionalism”
    Tiffany Andrews did a great job in advising & helping me thru an extremely difficult time. Her professionalism, humanity, and understanding were beyond what I could ever hope for. Couldn't ask for a better lawyer, simply the Best !!!!! Impressive skills & wonderful down to earth person to speak to as well as being tough enough to get things done. I would recommend Tiffany Andrews to anyone and she will also be the first person I contact for any further needs !!!!!!
    - Jayna W
  • “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

Contact Law Office of Tiffany L. Andrews, P.C. Today!

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Folsom Best of the Best 2023
  • Super Lawyers 2023
  • Avvo Superb Top Attorney Divorce
  • Super Lawyers - Tiffany L. Andrews
  • BBB Seal
  • Avvo 10.0 Superb
  • State Bar of CA
  • Avvo Clients' Choice 2018