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
-
“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 -
“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 -
“Tiffany cares about her clients and fights for their rights.”
Tiffany worked on my foster/adoption case - that was long, difficult, and drawn out. She researches every angle, is intuitive, intelligent and fights for her clients' to get the best possible outcome. Also, she genuinely cares about her clients best interests and provides guidance and counsel throughout the process.- Lora -
“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 -
“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 -
“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.- Previous Client
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. -
“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!
-
“Guardianship”
Ms. Andrews,- Janet
Has guided and helped me thru a very difficult guardianship. I can't express how much I appreciated her expertise as my attorney. Thank you, Ms. Tiffany Andrews.
