◈ Homepage — http://candelarialawoffices.com/Skip to Content About Us Legal Services Family Law Practice Trusts and Estates Practice Resources Blog Client Portal Make a Payment Contact Us Every family is unique. Every case is different. Let’s talk about your case and how we can help. Schedule Your Family Law or Estate Planning Consultation What Sets Our Law Firm Apart Candelaria LLP strives to keep our firm unique and cutting edge. We aim to make legal services simple for everyone.  Candelaria LLP seeks to bridge the access to the justice gap one person at a time. Hiring an attorney can be overwhelming, especially when you are experiencing a major life change. In addition to family law services, our trusts and estates practice will provide you with peace of mind in a comfortable setting as you work with our experienced attorneys. Learn more about our law firm, our family law services and estate planning practice. Meet Our Attorneys Serving Northern and Southern California Walnut Creek Office 1981 N. Broadway, Ste 440 Walnut Creek, CA 94596 (925) 233 - 6222 Oakland Office 1212 Broadway, FL 15 Oakland, CA 94612 (925) 233-6222 San Diego Office 10680 Treena St, Suite 160 San Diego, CA 94612 (858) 252 - 3375 Family Law and Estate Planning Legal Services Offered in SF Bay Area, San Diego, and Orange County Consultation Candelaria LLP consults with clients to accurately advise about his or her Family Law and Trust and Estates matter. Document Preparation Candelaria LLP assists clients with document preparation and oversees the entire process to ensure that the documents are completed and that the documents are in compliance with the rules. Litigation We recognize that our clients face personal and difficult legal issues, and the results achieved will shape our clients’ futures. Limited Scope Representation Our firm understands that divorce actions are at times painful and difficult. We offer limited scope representation to ease the burden of costs associated with a divorce. Mediation Candelaria LLP offers mediation services to help resolve family law conflicts as efficiently and cost-effectively as possible. Estate Planning and Estate Administration Candelaria LLP offers estate planning services to help protect you if you become ill or incapacitated. View our Services The decision to hire a lawyer is most likely one of the most difficult and important decisions that you can make. Read What Our Clients Say After all, your future, livelihood and freedom may be at stake. In choosing a lawyer, trust is key. You need to be confident that your lawyer not only has the legal knowledge and experience, but also the passion, devotion and time to pursue your case and advocate in your best interest. With Candelaria LLP you can expect all of that and more. The divorce process can be daunting. Our firm’s approach is to educate our clients about the divorce process, the options for each case and to provide an appropriate recommendation for your situation. Knowing your rights will empower you to make the best decision for you.  Benefits of Hiring a Certified Family Law Specialist Attorney With decisions that can potentially affect you for the rest of your life, the pressure in choosing the right attorney to represent you can be overwhelming and challenging. Fortunately, the State Bar of California’s Board of Legal Specialization has made it easier for clients to get the assurance they need to know that their attorney is truly an expert in their practice area. Learn More Ready to work with attorneys who are California Certified Family Law Specialists?  If you are looking for an attorney who has the training, experience, and expertise to handle your legal needs, hiring an attorney who is a California Certified Specialist your best option. Take Action Contact Candelaria LLP to schedule a legal consultation. Call Us Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn ◈ Interior Pages — 33 pages crawledFamily Law Practice Overview — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Family Law Practice Overview Our firm has devoted our entire legal career practicing family law. When you work with our team, you get a counselor in every sense of the word. We are empathetic. We understand that divorce is an emotional experience for many and can be stressful. As your attorney, our team will advocate for you, defend your rights and move your case forward. Whether in the courtroom or conference room, Our attorneys have the skills and experience to guide you through the family law process. Family Law is a complex area, combining your personal life and the law. Dealing with the many legal issues and considerations can be overwhelming and confusing. Our approach to your family law matter is with compassion, integrity and a focus on personal service. We understand what you are going through and know you need a strong ally to stand by your side. Divorce Proceedings An experienced family law attorney can make all the difference in settling your case.   Parentage Actions Parentage Actions for Child Custody and Child Support are for individuals who are not married and have a child together. It is necessary to formally establish the paternity of the child.   Domestic Violence Restraining Orders Domestic Violence Restraining Order - A domestic violence restraining order is placed against a person after an incident of domestic violence or threats have been made toward a person.   Divorce Modification and Enforcement Divorce is meant to be final. But, some issues can be subject to future modification. Modifying a court order is a complex inquiry. Contact Candelaria LLP to discuss your case and how we can protect what matters most to your family.   Pre-Marital (prenup) Agreements Premarital (prenup) Agreements Premarital agreements (or prenups) are not only for the wealthy. Couples who are contemplating marriage are more frequently choosing to enter into premarital agreements for many different reasons.   Domestic Partnerships Dissolutions Candelaria LLP represents individuals who are interested in dissolving his or her domestic partnership.   Name Changes Candelaria LLP assist adults and children by going through the process of changing their name.     Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Legal Services We Offer in SF Bay Area — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Legal Services we offer in the SF Bay Area and San Diego / Orange County Areas The decision to hire a lawyer is most likely one of the most difficult and important decisions that you can make. After all, your future, livelihood, and freedom may be at stake. In choosing a lawyer, trust is key. You need to be confident that your lawyer not only has the legal knowledge and experience but also the passion, devotion, and time to pursue your case and advocate in your best interest. With Candelaria LLP you can expect all of that and more. The divorce process can be daunting. Our approach is to educate our clients about the divorce process, the options for each case and to provide an appropriate recommendation for your situation. Knowing your rights will empower you to make the best decision for you.  Here are all the legal services that we offer: Consultation Clients consult with our attorneys to obtain information about his or her family law matter. Consultations provide an excellent opportunity for clients to get a feel for the attorney’s approach. Clients may choose to retain our attorneys on a consulting basis in mediation matters and in cases in which clients represent themselves in court. We can assist in preparing our clients to present their cases to a judge. In consulting matters, clients represent themselves and call upon our office to provide legal advice and guidance during the divorce process. We are not the attorney of record and do not direct the litigation. Our team recognizes that our clients face personal and difficult legal issues, and the results that she achieves will shape our clients’ futures and ability to move forward. We work collaboratively with our clients and involves them at every stage in the process. The ultimate goal is to create an acceptable solution that helps clients maintain control of their lives and avoid unnecessary litigation. When possible, we seek solutions that lead to an agreement between the parties and view litigation as a last resort. In those cases where litigation is necessary, the attorney is prepared to skillfully argue the cases before the court. Litigation Candelaria LLP offers mediation services to help resolve family law conflicts as efficiently and cost-effectively as possible. Mediation is a form of alternative dispute resolution in which the mediator acts as a facilitator for the parties and serves as a neutral to help the parties reach a resolution. The mediator is either appointed by the Court or more typically, selected by the parties. Mediation is private and confidential. Nothing discussed in the mediation can be used against a party in court at a later time. We recognize the importance of trying to resolve cases without court involvement. The mediation process focuses on reaching an agreement in a structured process that minimizes stress and conflict for families. Our firm recognizes that litigation is not only expensive, but it also takes away decision making and autonomy. We are prepared to discuss with our clients the different mediation options available to them and offer practical advice on whether to pursue this course of action. Mediation Family law matters involve many documents, forms, and pleadings that must be completed and filed with the court. Candelaria LLP assists clients with document preparation and oversees the entire process to ensure that the documents are completed and that the documents are in compliance with the rules. Our firm assists with the following documents: Uncontested Divorce Paternity Proceedings Child Custody & Visitation and Parenting Agreements Child Support Orders Spousal Support Orders Document Preparation For clients who wish to focus their resources and energy towards what is most important to them, Candelaria LLP offers limited scope representation to help resolve a certain aspect of family law case, such as spousal support or child custody, with the goal of resolving the issue as cost-effectively and efficiently as possible. We are also sometimes retained to represent clients for a specific hearing only. The client would still be self-represented for all issues not covered by the limited scope agreement and notice to the court. Limited Scope Representation If thinking about an estate plan makes you feel uneasy, you are not alone. Contrary to popular thinking, an estate plan is not only for directing the disposition of your assets upon your death. Click here to learn more about our estate planning services. Estate Planning and Estate Administration We are ready to serve you. Contact Candelaria LLP for your legal consultation What Sets Our Law Firm Apart   Candelaria LLP offers special programs that make our firm unique and cutting edge. We strive to make legal services accessible to everyone.  The vast majority of litigants in family court are self-represented. While there are many reasons why a litigant represents himself or herself, it is usually because they simply cannot afford an attorney. Candelaria LLP aims to bridge the access to the justice gap one person at a time. Hiring an attorney can be overwhelming, especially when you are experiencing a major life change. In addition to family law services, our trusts and estates practice will provide you with peace of mind in a comfortable setting as you work with our experienced atto Name Changes — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Name Changes Candelaria LLP assist adults and children by going through the process of changing their name. There are many reasons for a name change, including adoptions, adding a surname, reclaiming a maiden name, and changing a business or personal image. Children’s names must be changed with the consent of both parents in most cases. Our office can handle this process from start to completion - Regardless of your reason for the name change. The process involves filing several documents with the Superior Court, running newspaper ads, paying filing fees, and complying with other statutory requirements. We can help you with this process by completing the forms quickly and correctly. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Hiring the Best Divorce Attorney for Your Case — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Hiring the Best Divorce Attorney for Your Case Selecting the best attorney to represent your interests in any type of legal proceeding can be overwhelming, particularly if it’s related to issues as personal as divorce, child custody, and other family court proceedings or in related negotiations.  We hope this guide can assist you in selecting the best attorney to counsel and guide you through what may be a lengthy and potentially contentious process. 1. Researching Attorneys: Do a Thorough Online Search If you do not have a referral by someone who has previously worked with the attorney, here are some tips on what to look for during your online search: License in your State Make sure that the attorney is licensed to practice law in your state.  In California, you can look up an attorney on www.calbar.org .  You should also see if the attorney’s membership is in good standing with the California State Bar.  The attorney’s profile will  include any disciplinary actions taken against them. Expertise Figure out if you want an attorney who specializes in family law or someone who does a little bit of everything.  We believe that an attorney whose practice is focused in family law is best for most clients going through a divorce or any other family court proceeding or related negotiation.   Fortunately, the State Bar of California Legal Specialization Council has made it easy for clients to obtain assurances that they need to know that their attorneys are truly expert in the area of ​​family law.  When you hire a family lawyer, who is also a California certified family law specialist, also known as a "CFLS", you can rest assured that you are represented by someone with experience and expertise to deal with all aspects of your divorce. In order to become a CFLS, the attorney must be accredited by the State Bar California Legal Specialization Council or an organization that has a certification program (its requirements equivalent to the State Bar program) accredited by the State Bar.  The lawyer must demonstrate proficiency in the field of family law by completing the required experience and education, as well as taking and passing a written test in the field of family law. After passing the specialized examination and obtaining a certificate, CFLS must continue to demonstrate a high level of expertise and skill in the field of family law, fulfill the requirements of ongoing legal education and evaluate it positively by lawyers and other judges who are knowledgeable about their work. If you are looking for a lawyer who has the training, experience and expertise to deal with various aspects of your divorce, hiring a California CFLS attorney is your best choice. Reviews by Clients, Awards and Recognition Look at the attorney’s reviews on their website, Yelp, Google, Avvo and other reliable websites to learn a little bit about how the attorney interacts with clients or potential clients, whether the attorney is accessible, and the skills and experience they have in family law proceedings. Another way you can learn more about the attorney’s skills and expertise is by looking at their awards and recognition which are often highlighted on their websites.  For example, there a Super Lawyers recognition is provided to outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.  A recognition by Avvo is provided to attorneys based on their experience, background, legal community recognition (peer endorsements, associations, awards), and legal thought leadership (publications and speaking engagements). Some attorneys may also be recognized by local and/or state bar associations for their achievements in their field. 2. Ask Questions During the Initial Consultation Getting to know the attorney handling your case During your initial consultation, it will be important for you to get to know the attorney who may be handling your case.  You should ask questions to determine the breadth of experience he or she has on handling cases like yours such as how many divorce cases has he or she handled, what his or her experience is with property division, child custody etc.   You should also find out who will be working on your case (e.g. will the case be handed over to an associate, and if so, what kind of experience does the associate have in handling cases like yours) and who your direct contact will be if you have questions or need to get a hold of the attorney.  Learning more about costs and fees While the retainer agreement will cover this, the initial consultation will be a good time to go over the details related to the legal fees, court fees and other costs related to your case.  You should ask about the initial retainer, the hourly rate of the attorneys working on your case (is it an hourly rate or flat rate), and how often the firm requires replenishing the retainer. 3. Other Factors to Consider Here are other factors to look into during your online search and/or topics for discussion during the initial consultation: Demeanor A family law proceeding often requires divulging personal and intimate details about your marriage, finances, and informati Our Law Firm — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us ABOUT OUR LAW FIRM Knowledge. Experience. Inclusion. Compassion.   These are our values and the pillars of Candelaria LLP. Life happens. Let us help you navigate the most complex legal matters strategically and effectively. What sets us apart besides our deep knowledge and experience in family law and estate planning matters is our strong connection to our clients and to the community. Representation matters, both to our clients and to our staff. We believe that our inclusive environment is essential to both the quality of our client service and personal satisfaction of our team. Our firm is steadfastly committed to a safe, diverse, and thriving community. Through our service to numerous local, regional, national organizations, including those who support women, BIPOC and LGBTIQ+ communities, and the underserved, we build up our community and stay true to our firm values. Family Law Our goal is simple: to resolve your family matter quickly and efficiently so that you can move forward with your life. We believe in the value of negotiated settlements, but we are prepared to aggressively represent our clients in litigation and trial. Candelaria LLP has two offices in the Bay Area, in Walnut Creek and Oakland. We represent clients in all areas of family law, including divorce proceedings, domestic partnership dissolutions, child custody disputes, child and spousal support actions, high asset divorces, parentage proceedings, post-judgment modification and enforcement actions, domestic violence restraining orders, and the drafting of premarital (prenup) and postnuptial agreements. We understand the sensitivities that family law issues present and take great care in resolving our clients’ disputes discreetly and respectfully. We strive to achieve client satisfaction with purposeful action, execution and results. Estate Planning Candelaria LLP strives to help our clients protect and provide for their loved ones through thoughtful planning. From mitigating tax consequences to avoiding probate, the reasons for getting an estate plan are many. Careful and thorough planning can save a lot of heartache for your family after your passing and can ensure that your desires are respected and followed. Many clients express surprise at the number of issues that can arise in the process. You may elect a full estate plan or select a la carte services such as a will, advanced health directive, or a power of attorney. Let us help you in providing for the orderly administration and stewardship of your assets, and protect you in case of incapacity. Diversity Policy As our firm was founded by a Filipina American, we are firmly committed to diversifying the legal profession. By prioritizing inclusion and equal opportunity, we work to ensure diversity in our recruitment process and to retain talented lawyers and staff of diverse backgrounds that encompass a variety of characteristics, perspectives, experiences, and lifestyles. In concert with our mission statement, we have taken and will continue to take steps to fight for access to justice and a pipeline to the legal field for underrepresented populations. Our attorneys volunteer at local clinics providing pro bono services, are involved in formal and informal mentoring for law students and young attorneys, and are leaders of various local organizations to ensure that our perspective is heard. The firm sponsors attorney memberships in affinity bars and financially support local continuing education programs on elimination of bias as well as networking opportunities that increase the inclusion of all people in the legal field. We are also committed to ensuring that our staff receives diversity training and that we support organizations that reflect our values.  We strive to remember that while a statement is fine, action is better. Through our firm’s Diversity, Equity, Inclusion, and Access Committee, our firm will continue evaluating and working towards equity every step of the way. Resources Candelaria LLP is proud to be a part of local, statewide, and national organizations that support diversity in the legal profession and access to justice. Our attorneys are members and leaders in these organizations that are contributing to the efforts to provide equity and access. Our firm is committed to supporting these organizations, as well as others, and to receive training on an annual basis from these organizations. California Lawyers Association Alameda County Bar Association Contra Costa County Bar Association American Bar Association Minority Bar Coalition Asian American Bar Association of the Greater Bay Area National Asian Pacific American Bar Association Filipino Bar Association of Northern California National Filipino American Lawyers Association Women Lawyers of Alameda Here are other resources we recommend. There is an endless supply of resources available on the Internet; we will periodically update this list to ensure that we are inclusive of a broad range of populations. 1-Day Racial Equity Habit Building Challenge Debby Irving’s Recommended Resources Harvard Business Review - Towards a Racially Just Workplace The Case for Reparations By Ta-Nehisi Coates Equal Justice Initiative Black Lives Matter - Resources Stop AAPI Hate Centers for Educational Justice & Community Engagement - Native American Student Development Smithsonian Latin Our Law Firm — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us ABOUT OUR LAW FIRM Knowledge. Experience. Inclusion. Compassion.   These are our values and the pillars of Candelaria LLP. Life happens. Let us help you navigate the most complex legal matters strategically and effectively. What sets us apart besides our deep knowledge and experience in family law and estate planning matters is our strong connection to our clients and to the community. Representation matters, both to our clients and to our staff. We believe that our inclusive environment is essential to both the quality of our client service and personal satisfaction of our team. Our firm is steadfastly committed to a safe, diverse, and thriving community. Through our service to numerous local, regional, national organizations, including those who support women, BIPOC and LGBTIQ+ communities, and the underserved, we build up our community and stay true to our firm values. Family Law Our goal is simple: to resolve your family matter quickly and efficiently so that you can move forward with your life. We believe in the value of negotiated settlements, but we are prepared to aggressively represent our clients in litigation and trial. Candelaria LLP has two offices in the Bay Area, in Walnut Creek and Oakland. We represent clients in all areas of family law, including divorce proceedings, domestic partnership dissolutions, child custody disputes, child and spousal support actions, high asset divorces, parentage proceedings, post-judgment modification and enforcement actions, domestic violence restraining orders, and the drafting of premarital (prenup) and postnuptial agreements. We understand the sensitivities that family law issues present and take great care in resolving our clients’ disputes discreetly and respectfully. We strive to achieve client satisfaction with purposeful action, execution and results. Estate Planning Candelaria LLP strives to help our clients protect and provide for their loved ones through thoughtful planning. From mitigating tax consequences to avoiding probate, the reasons for getting an estate plan are many. Careful and thorough planning can save a lot of heartache for your family after your passing and can ensure that your desires are respected and followed. Many clients express surprise at the number of issues that can arise in the process. You may elect a full estate plan or select a la carte services such as a will, advanced health directive, or a power of attorney. Let us help you in providing for the orderly administration and stewardship of your assets, and protect you in case of incapacity. Diversity Policy As our firm was founded by a Filipina American, we are firmly committed to diversifying the legal profession. By prioritizing inclusion and equal opportunity, we work to ensure diversity in our recruitment process and to retain talented lawyers and staff of diverse backgrounds that encompass a variety of characteristics, perspectives, experiences, and lifestyles. In concert with our mission statement, we have taken and will continue to take steps to fight for access to justice and a pipeline to the legal field for underrepresented populations. Our attorneys volunteer at local clinics providing pro bono services, are involved in formal and informal mentoring for law students and young attorneys, and are leaders of various local organizations to ensure that our perspective is heard. The firm sponsors attorney memberships in affinity bars and financially support local continuing education programs on elimination of bias as well as networking opportunities that increase the inclusion of all people in the legal field. We are also committed to ensuring that our staff receives diversity training and that we support organizations that reflect our values.  We strive to remember that while a statement is fine, action is better. Through our firm’s Diversity, Equity, Inclusion, and Access Committee, our firm will continue evaluating and working towards equity every step of the way. Resources Candelaria LLP is proud to be a part of local, statewide, and national organizations that support diversity in the legal profession and access to justice. Our attorneys are members and leaders in these organizations that are contributing to the efforts to provide equity and access. Our firm is committed to supporting these organizations, as well as others, and to receive training on an annual basis from these organizations. California Lawyers Association Alameda County Bar Association Contra Costa County Bar Association American Bar Association Minority Bar Coalition Asian American Bar Association of the Greater Bay Area National Asian Pacific American Bar Association Filipino Bar Association of Northern California National Filipino American Lawyers Association Women Lawyers of Alameda Here are other resources we recommend. There is an endless supply of resources available on the Internet; we will periodically update this list to ensure that we are inclusive of a broad range of populations. 1-Day Racial Equity Habit Building Challenge Debby Irving’s Recommended Resources Harvard Business Review - Towards a Racially Just Workplace The Case for Reparations By Ta-Nehisi Coates Equal Justice Initiative Black Lives Matter - Resources Stop AAPI Hate Centers for Educational Justice & Community Engagement - Native American Student Development Smithsonian Latin Our Team — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Our team is a vital part of the legal process. Meet the people who are involved in helping you with Family Law and Estate Planning. LEGAL TEAM Hannah Probets Hannah joined the Candelaria LLP team in February 2022. She values being able to use her experience in family law to connect with clients and offer support during such an emotional process. She aims to provide exceptional legal service, with compassion and care for Candelaria LLP clients.  She was born in the UK, and raised between the Bay Area and Surrey, England. She graduated from U.C. Davis with a degree in Psychology and a minor in Anthropology, and later earned her Paralegal Certification from California State University, East Bay. The broad range of subjects she studied provided her with a greater appreciation for the law and its impact on people’s lives.  In her spare time, she can be found hiking, cooking, reading, and caring for her houseplants. Jerennina Piguing Jerennina Piguing joined Candelaria LLP as a Paralegal/Law Clerk in May 2024. She is a law school graduate, having earned her Juris Doctorate from Monterey College of Law. While going to law school, she served as the Secretary of the Student Bar Association, an Advocate for various community legal workshops, a Court Mediator for the Monterey Superior Court, and a Certified Law Student. During law school, she was also working full time as a Legal Advocate at Legal Services for Seniors and as a Bilingual Substitute Teacher for the Monterey Peninsula Unified School District. Jerennina is trilingual, as she is fluent in English, Spanish, and Tagalog. Jerennina’s experience in Civil Litigation focuses on Family Law, Domestic Violence Restraining Orders, Guardianships, and Estate Planning. She is a strong advocate against domestic violence and elder abuse. Outside of the office, Jerennina can be found reading, writing, collecting fountain pens and journals, or hosting or singing karaoke with her family and friends. Jordan Pasos Jordan Pasos has joined Candelaria LLP as a paralegal in the family law practice in April 2024. She graduated from UC Davis in 2020, becoming the first member of her family to earn a Bachelor of Arts degree. At UC Davis, Jordan majored in Sociology with an emphasis in law and society, and minored in Chicanx Studies. During her time in college, Jordan was a student intern at the Yolo County Public Defender's Office and an active member of La Raza Pre-Law Association. Jordan returned to school in 2022, obtaining her paralegal certification from San Francisco State University and an Associates of Arts degree in Spanish from Napa Valley Community College. It was during her paralegal program that Jordan discovered her passion for family law. Her interest in the field is driven by her compassion and empathy for all individuals. Jordan is excited to continue her journey as a career paralegal at Candelaria LLP. Some of Jordan's favorite pastimes include spending quality time with family and friends, hosting game nights, and training her golden retriever puppy. Mercedes Candelaria Mercedes joined Candelaria LLP in May 2025 as a Legal Assistant and is currently in the process of applying to law school. (Wish her luck!) She recently graduated from Seattle University with a Bachelor’s in Business with concentrations in Marketing and Management. During undergrad, she gained valuable experience as a Public Relations Intern at Communiqué PR, a Corporate Intern at GEICO, and a Social Media Coordinator at Lamano Law Office. At Seattle U, she was an active collegiate leader serving as President of the Management Advancement Club, Chief of Staff at NorthWest Filipino American Student Alliance, and Fundraising Chair of the United Filipino Club. Professionally, Mercedes advanced her career as an Account Executive at Karbo Communications and as an Associate at Vested, further developing her expertise in communications and client relations. Passionate about community engagement, Mercedes actively supports local Filipino organizations and fills her cup by participating in events with Pinay Powerhouse and the Filipino Bar Association of Northern California (FBANC). She is also the recipient of the Honorable Eleanor Oducayen Nisperos Women’s Committee Scholarship, awarded to aspiring law students committed to serving their communities.  Outside of work, you can find her on the volleyball court, exploring Bay Area views, or enjoying coffee at one of San Francisco's many cafés. Adanna Bellot Adanna Bellot is a Trusts and Estates Legal Assistant at Candelaria LLP, where she works closely with the partners, associates, and paralegals to provide comprehensive support in a wide range of estate planning, probate, and trust administration matters. Adanna is committed to providing exceptional service and assisting the legal team in achieving favorable outcomes for clients. Prior to joining Candelaria LLP, Adanna gained valuable experience as a Family Law Junior Paralegal at Christy, Keith, and Donnell, the Law Office of Melissa D. Polk, and Maple and Mussallem LLP. In these roles, she supported multiple attorneys and paralegals in drafting court pleadings, preparing legal documents, and managing case files. She honed her ability to perform legal research, draft motions and petitions, and assist with trial preparation. Adanna brings meticulous a Domestic Partnership Dissolutions — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Domestic Partnerships Dissolutions Candelaria LLP represents domestic partners in the dissolution of his or her domestic partnership. The process to dissolve a domestic partnership is similar to the divorce process. Our firm advises our clients on his or her rights, including child custody, partner support, child support, and the division of property. We work with our clients in reaching a mutually acceptable agreement. Our firm will also represent our clients’ interests in court, should litigation become necessary. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Family Law FAQ — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us With over 90 years of combined Family Law and Estate Planning experience, the attorneys at Candelaria LLP compiled this list of questions frequently asked by our clients seeking legal advice. Do you have to be separated to get a divorce? You can file for a divorce the day you determine the marriage is over, even if you are still living with your spouse. However, you must have a date of separation to obtain a divorce, which could be the date you file for a divorce or a date before then. Your “date of separation” is the date that a complete and final break in your marriage occurred. This is shown by both (1) expressing your intent to end the marriage to your spouse, and (2) you take some action that is consistent with ending the marriage. (Family Code §70). Some examples of actions taken that are consistent with ending the marriage include moving out of the family home, telling family and friends about the separation, or ending intimate relations. What is a no-fault divorce? In California, all divorces are “no fault.” This means that irreconcilable differences have led to an irremediable breakdown in your marriage. The court will not entertain the reason you are getting a divorce or place blame on one spouse or the other. What is an uncontested divorce? An uncontested divorce occurs when you and your spouse are able to reach a full agreement, resolving all issues in your divorce, such as custody and visitation, child support, spousal support, and division of assets and debts. If your entire divorce action is uncontested, you will not need to appear in court. In some cases, parties will start their divorce action contested on certain issues, for example, custody and visitation and child support. However, the parties will work together to reach a final agreement called a Marital Settlement Agreement to resolve the remaining issues in their case. How long does it take to get a divorce in California? Getting a divorce takes at least 6 months. It depends on a number of factors, such as the complexity of your matter. At minimum, California’s mandatory “cooling off” period requires that a status termination cannot occur until six months after the date the summons and petition are served. A status termination restores each person back to the status of single person.However, if the parties can reach a full agreement on all matters before the cooling off period ends, then a Judgment of Dissolution can be submitted to the court for approval, with a status termination date after the six-month period expires. Will I have to go to court? It is possible to get divorced or legally separated without going to court. A divorce or legal separation can be granted by declaration if an agreement on all issues can be reached. Then, a written agreement can be drafted, signed by both parties, and submitted to the court for approval. Unfortunately, court may be unavoidable if interim agreements regarding custody, visitation, property, and other pressing issues cannot be reached. What do I do about custody, visitation, property, and other issues while the divorce is proceeding? Whenever it is reasonable or possible, it is usually beneficial if the parties can reach a fair interim agreement on the issues of custody, visitation, support, and property. If an agreement cannot be reached on one or all of the issues, then either party has the option of filing a Request for Order with the court. The Request for Order should specify the orders that the requester wants the court to make (for example, to award child support or to set a parenting schedule). The Request for Order will set a court date. If the request is related to custody or visitation, the parties will need to attend mediation before the hearing. Also, the parties may still be able to reach an agreement prior to the court date. How will our property/assets be divided? In a divorce or legal separation case, both parties are required to complete financial disclosures to inform their spouse about their community and separate property. California is a community property state, so typically, community assets and debts will be divided equally. Exceptions may apply, especially if either party has signed any pre-marital or post-marital agreements. It is important for anyone in a divorce or legal separation to seek legal advice on this very important topic. Who will have to pay off our debts? Any debt, such as credit card debt or a mortgage, that is incurred during your marriage is treated as community property. Even if the debt is in your spouse’s name, that is still considered joint debt. Unless there is an agreement to divide the debts in a particular way, the courts will typically make both parties responsible for one-half of the debt. Sometimes the debt can be offset against an asset. For example, if you take the vehicle that has a certain value, you and your spouse may agree that your spouse take on less debt, whatever that may be. How is alimony (spousal support) determined? Spousal support is commonly referred to as ‘alimony.’ There are two types of spousal support: temporary and permanent (also known as post-judgment spousal support). The purpose of temporary spousal support is to assist spouses during the divorce proceeding as they transition to separate households. Temporary spousal support is discretionary. In calculating temporary spousal suppo Child Custody — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Child Custody Our attorneys at Candelaria LLP are experienced in the areas of child custody, child support, and paternity law. Facts of Child Custody and Visitation in California: One of the most intricate and nuanced areas in family law revolve around child custody and visitation rights. Our attorneys have handled hundreds of child custody matters including abuse issues, move-away requests, and other issues relating to custody of children. In California, child custody involves legal custody and physical custody. These two terms can often be misunderstood or confused. Legal custody: refers to a parent's right and responsibility to make decisions regarding the child(ren)’s health, safety and welfare. Legal custody may be awarded to one parent, who will be the sole decision-maker for the child(ren), or it may be shared jointly between both parents to make decisions with a united front. Physical custody: refers to whom the child(ren) will primarily live with. Physical custody may be granted exclusively to one parent or to both parents to split the time with the child(ren). The court strives to have both parents involved in appropriate decisions in terms of the child(ren) so long as the parents have the capacity of using good judgment with the child(ren)’s best interest at heart. The court also seeks to allow both parents to have consistent and ongoing contact with the child(ren) if it is also in the child(ren)’s best interest. When both parents share legal and physical custody, it is known as “joint custody.” In situations where one parent abandons the child, or is unable to take custody, the other parent has the right to petition for sole custody. Additionally, in circumstances involving child abuse, domestic violence, or any threat to the child(ren)’s health and safety, California courts may deny custody or visitation rights. Third-Party Visitation Rights: In some cases, a biological parent may not be able provide adequate care for the child(ren) because they are unable or unfit. In these situations, California law allows for third parties (including non-blood relatives) to seek custody of the child, provided they have a pre-existing relationship with the child. Third-party custody cases can be very complicated and should be handled by a knowledgeable attorney. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Child Support — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Child Support In California, child support is the amount of money that a court can order a parent or both parents to pay every month for the expense of raising the child(ren). Both parents have equal responsibility for the support of their minor child “in the manner suitable to the child’s circumstances.” Parents are legally required to provide for their child(ren) until the child(ren): Turns 18 years of age, and has graduated from high school; Turns 19 years old; or Marries, dies, or is legally free in some way, such as joining the military. Courts can also enforce an agreement between the parents for continued support of an adult child, such as if the child is disabled and cannot support him or herself. There is no maximum age limiting the parents’ continued support. Determining The Amount Of Child Support: Both parents are required to fill out an Income and Expense Declaration and provide proof of the amount of their income. Next, the judge will calculate how much each parent is required to pay in child support, considering the amount of time that a child spends with each parent, as well as each parent’s income or earning capacity. Normally, the less time a parent spends with a child, the more he or she may be ordered to pay in child support; however, these guidelines include complex calculations, and there is room for adjustment in many cases based on circumstance. Parents may also come to an agreement on their own without the Court’s intervention. Given the cost of living in Bay Area, establishing a proper amount of child support is important for each parent. If you are seeking to establish child support or to defend against a support action, please contact our office to receive sound advice from an experienced attorney. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Divorce Proceedings — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Divorce Proceedings An experienced divorce lawyer can make all the difference. Our firm offers the experience you need to get your divorce case resolved in the most efficient manner possible. We recognize and respect your need for information, as well as your need for practical advice and strategy planning. Our firm will navigate you through the divorce process to help you understand your rights and options. We will provide the knowledge, expertise and guidance you need to assure that the results you ultimately achieve will meet the needs of your family so you can begin to move forward with your life. Our firm handles all issues that typically arise during divorce proceedings including child custody, child support, spousal support, and property valuation and division. We also advise clients on divorce planning and handles annulments and legal separations. Because every marriage has unique circumstances, it is impossible for courts to create rules that fit every situation. Our firm creates unique solutions for our clients and his or her family’s particular goals. During the divorce process, clients are presented with numerous opportunities to settle their cases and to create agreements that will identify or respond to a particular issue or claim. We ensure that our clients are protected and that every aspect of the divorce is taken into consideration in the course of these negotiations. Some issues may include: Child Custody Parental Relocation Child Support Spousal Support Complex Property Division Reimbursement Claims Retirement Benefits Stock Options Business Valuations Attorney’s Fees It has often been said that the ending of a marriage is the most stressful event in a person’s life next to the death of a loved one. Our firm can help you work through your issues and focus on a happier future. Hiring the Best Divorce Attorney for Your Case Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Every family is unique. Every case is different. Let’s talk about your case and how we can help. Schedule Your Family Law or Estate Planning Consultation Schedule Your Family Law or Estate Planning Consultation What Sets Our Law Firm Apart Candelaria LLP strives to keep our firm unique and cutting edge. We aim to make legal services simple for everyone.  Candelaria LLP seeks to bridge the access to the justice gap one person at a time. Hiring an attorney can be overwhelming, especially when you are experiencing a major life change. In addition to family law services , our trusts and estates practice will provide you with peace of mind in a comfortable setting as you work with our experienced attorneys. Learn more about our law firm, our family law services and estate planning practice. Meet Our Attorneys Meet Our Attorneys Serving Northern and Southern California Walnut Creek Office 1981 N. Broadway, Ste 440 Walnut Creek, CA 94596 (925) 233 - 6222 Oakland Office 1212 Broadway, FL 15 Oakland, CA 94612 (925) 233-6222 San Diego Office 10680 Treena St, Suite 160 San Diego, CA 94612 (858) 252 - 3375 Family Law and Estate Planning Legal Services Offered in SF Bay Area, San Diego, and Orange County   Consultation Candelaria LLP consults with clients to accurately advise about his or her Family Law and Trust and Estates matter. Document Preparation Candelaria LLP assists clients with document preparation and oversees the entire process to ensure that the documents are completed and that the documents are in compliance with the rules. Litigation We recognize that our clients face personal and difficult legal issues, and the results achieved will shape our clients’ futures. Limited Scope Representation Our firm understands that divorce actions are at times painful and difficult. We offer limited scope representation to ease the burden of costs associated with a divorce. Mediation Candelaria LLP offers mediation services to help resolve family law conflicts as efficiently and cost-effectively as possible. Estate Planning and Estate Administration Candelaria LLP offers estate planning services to help protect you if you become ill or incapacitated. View our Services View our Services The decision to hire a lawyer is most likely one of the most difficult and important decisions that you can make. Read What Our Clients Say Read What Our Clients Say   After all, your future, livelihood and freedom may be at stake. In choosing a lawyer, trust is key. You need to be confident that your lawyer not only has the legal knowledge and experience, but also the passion, devotion and time to pursue your case and advocate in your best interest. With Candelaria LLP you can expect all of that and more. The divorce process can be daunting. Our firm’s approach is to educate our clients about the divorce process, the options for each case and to provide an appropriate recommendation for your situation. Knowing your rights will empower you to make the best decision for you.  Slide 1 Slide 1 (current slide) Slide 2 Slide 2 (current slide) Slide 3 Slide 3 (current slide) Slide 4 Slide 4 (current slide) Slide 5 Slide 5 (current slide) Benefits of Hiring a Certified Family Law Specialist Attorney With decisions that can potentially affect you for the rest of your life, the pressure in choosing the right attorney to represent you can be overwhelming and challenging. Fortunately, the State Bar of California’s Board of Legal Specialization has made it easier for clients to get the assurance they need to know that their attorney is truly an expert in their practice area. Learn More   Ready to work with attorneys who are California Certified Family Law Specialists?  If you are looking for an attorney who has the training, experience, and expertise to handle your legal needs, hiring an attorney who is a California Certified Specialist your best option. Take Action Contact Candelaria LLP to schedule a legal consultation.   Call Us Call Us Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Trusts and Estates Overview — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Trusts and Estates Practice Areas Estate Planning A well-drafted estate plan would allow your personal representative to manage your personal care and financial assets in line with your wishes.  Learn more   Trust Administration Trust administration refers to the trustee’s management of trust assets according to the trust document’s terms, for the benefit of the trust’s beneficiaries. Learn more   Probate In a probate case, the court appoints a personal representative to collect the decedent’s assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries, all under the supervision of the court. Learn more   Trusts and Estates Litigation Trusts and estates litigation is the specialized practice of law involving the solution and, if necessary, litigation of trust, estate, and protective proceedings. Learn more   Guardianship A guardianship is a process where the court gives an adult person, who is not the minor’s parent, custody of that minor and/or the authority to manage the minor’s assets. Learn more. Learn more   Conservatorship A conservatorship is a court’s processes and procedures that are needed to administer an adult individual’s estate or person when that adult individual is no longer able to manage their assets or personal care. A conservatorship can be of the person or of the estate, or both.  Learn more   Contact us to schedule a trusts and estates consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Estate Planning — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Estate Planning   If thinking about an estate plan makes you feel uneasy, you are not alone. Contrary to popular thinking, an estate plan is not only for directing the disposition of your assets upon your death. An estate plan is also essential to protect you if you become ill or incapacitated. By default, the California Probate Code and other legislation would direct what would happen upon your incapacity or death. A well-drafted estate plan would allow your personal representative to manage your personal care and financial assets in line with your wishes. Why do I need an estate plan? Incapacity Planning   In your estate planning documents, you would designate someone to make financial, legal, and healthcare decisions for you if you become unable to make those decisions for yourself. Probate Avoidance    In California, probate is a court-supervised administration of a decedent’s estate. Probate is often a lengthy and expensive process.  Disposition of Assets   If a person dies without a will or trust, her assets will pass to her heirs as provided in the California Probate Code in a manner called intestate succession. A summary of the intestate succession plan is described below. Clients frequently desire to customize their distribution plans and prefer to have a will rather than relying on the Probate Code. Provide for Minor Children   In the unlikely event of both parents’ passing, your estate planning documents would outline your wishes regarding guardianship and care provisions for your minor children. Complete Estate Planning Package 1. Revocable Trust Common terms: Settlor (Trustor), Trustee, Beneficiary, Trust Estate, Living or Inter Vivos, Testamentary, Fiduciary A revocable trust is the cornerstone of estate plans in California. These trusts are also referred to as living trusts because you create them during your lifetime. You can revoke or amend a revocable trust at any time. Revocable trusts are popular in California because it allows your estate to avoid probate administration. Unlike wills, trusts are private documents, and only those individuals with a direct interest in the trust have any right to know of trust assets and distributions. The trustee of your trust can manage, allocate, and distribute your assets at your death, without court involvement. 2. Wills Common terms: Testator, Executor, Beneficiary The will only controls property that is subject to probate. This generally means property held in your own name, property held as tenants in common, or in California, community property. These types of properties may include bank accounts, investment accounts, real estate, and personal property held in your name only. A will that is drafted to work in conjunction with a revocable trust is called a pour-over will. This means that the trust is named as the beneficiary in your will. It is best to properly fund your trust, but if you miss something, a pour-over will acts as a safety net to capture assets inadvertently left out of the trust. Your will is also where you would nominate guardians for your minor children. 3. Durable Power of Attorney Common terms: Principal, Agent A durable power of attorney allows you to appoint someone to act in your place, if you are unable to manage your own financial affairs. The document is called Durable because the authority continues even though you may be deemed incapacitated or unable to take care of your own affairs. The Durable Power of Attorney expires immediately after you die. Without a Durable Power of Attorney, you may be faced with your family needing to request a very lengthy and expensive legal process called a conservatorship (or guardianship if under 18 years of age) so the court can appoint someone to manage the affairs of the incapacitated person. 4. Advance Health Care Directive Common terms: Patient, Principal, Health Care Agent An advance health care directive allows a person that you appoint, known as your health care agent, to make healthcare decisions when you are unable to do so yourself. One of the most important instructions your Advance Healthcare Directive can have is instructions for someone to represent you in dealing with healthcare professionals and to carry out your instructions if you were to become hospitalized or incapacitated. Advanced Estate Planning An effective estate plan will take into consideration your current assets as well as the anticipated increase in value of your existing estate. In anticipation of your family’s needs, you should take steps to preserve your estate and protect it from excessive costs and taxes. Ultimately, the goal will be a stress-free and orderly settlement of your assets to your chosen beneficiaries upon your passing. Estates that are or may become subject to the estate tax would benefit from more advanced planning techniques.    Lifetime Estate and Gift Tax Exemption Amount Generally, when you die, your estate is not subject to the federal estate tax if the value of your estate is less than the exemption amount. For people who pass away in 2021, the exemption amount will be $11.7 million (it's $11.58 million for 2020). For a married couple, that comes to a combined exemption of $23.4 million. Gifts that you make during your lifetime are generally counted against your exemption amount. There are a few exceptions Benefits of Hiring a California Certified Family Law Specialist — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Benefits of Hiring a California Certified Family Law Specialist With decisions that can potentially affect you for the rest of your life, the pressure in choosing the right attorney to represent you can be overwhelming and challenging. Fortunately, the State Bar of California’s Board of Legal Specialization has made it easier for clients to get the assurance they need to know that their attorney is truly an expert in their practice area. When you hire a family attorney who is also a California Certified Family Law Specialist, also known as a “CFLS”, you can be assured that you are being represented by someone who has experience and expertise to handle all aspects of your divorce. The process to become a CFLS is rigorous. To become a CFLS, an attorney must be certified by the State Bar of California Board of Legal Specialization or an organization who has a certification program (whose requirements are equivalent to the State Bar’s program) that has been accredited by the State Bar. The attorney must demonstrate proficiency in the area of family law by completing the requisite experience and education, as well as taking and passing a written examination in the field of family law. After passing the specialist examination and becoming certified, CFLS must continue to demonstrate a high level of experience and skill in the field of family law, fulfill the ongoing legal education requirements and be favorably evaluated by other attorneys and judges who are familiar with their work. If you are looking for an attorney who has the training, experience and expertise to handle various aspects of your divorce, hiring an attorney who is a California CFLS is your best option. Ready to work with attorneys who are California Certified Family Law Specialists? Contact Candelaria LLP Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Contact Us or Visit Our California Offices — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Contact Candelaria LLP to schedule a Family Law or Trusts and Estates consultation in California. T: (925) 233-6222 | T: (858) 252-3375 Candelaria LLP Walnut Creek 1981 N. Broadway Suite 440 Walnut Creek, CA 94596 Candelaria LLP Oakland 1212 Broadway, FL 15 Oakland, CA 94612 Candelaria LLP San Diego 10680 Treena St, Suite 160 San Diego, CA 92131     Visit Us 1981 North Broadway Suite 440 Walnut Creek, CA 94596 Hours Monday – Thursday 8:30am – 5pm Friday 8:30am - 12pm Phone (925) 233-6222     Visit Us 1212 Broadway, FL 15 Oakland, CA 94612 Hours Monday – Thursday 8:30am – 5pm Friday 8:30am - 12pm Phone (925) 233-6222     Visit Us 10680 Treena St Suite 160 San Diego, Ca 92131 Hours Monday – Thursday 8:30am – 5pm Friday 8:30am - 12pm Phone (858) 252-3375 Legal Disclaimer The information on this website is for informational purposes only. Nothing on this website should be taken as legal advice for any individual, case or situation. This information does not create, nor does the receipt or viewing of this website constitute an attorney-client relationship. Any communications through this website is not privileged or confidential.   Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Trusts and Estates Overview — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Trusts and Estates Practice Areas Estate Planning A well-drafted estate plan would allow your personal representative to manage your personal care and financial assets in line with your wishes.  Learn more   Trust Administration Trust administration refers to the trustee’s management of trust assets according to the trust document’s terms, for the benefit of the trust’s beneficiaries. Learn more   Probate In a probate case, the court appoints a personal representative to collect the decedent’s assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries, all under the supervision of the court. Learn more   Trusts and Estates Litigation Trusts and estates litigation is the specialized practice of law involving the solution and, if necessary, litigation of trust, estate, and protective proceedings. Learn more   Guardianship A guardianship is a process where the court gives an adult person, who is not the minor’s parent, custody of that minor and/or the authority to manage the minor’s assets. Learn more. Learn more   Conservatorship A conservatorship is a court’s processes and procedures that are needed to administer an adult individual’s estate or person when that adult individual is no longer able to manage their assets or personal care. A conservatorship can be of the person or of the estate, or both.  Learn more   Contact us to schedule a trusts and estates consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Divorce Modification and Enforcement — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Divorce Modification and Enforcement Every family law case is different. Post judgment modifications occur when there are difficulties or changes that arise after your final judgment of dissolution is entered. Judgments of dissolution can encompass orders for property division, spousal support, custody, visitation and child support. Judgments can be modified when one or both parties experience a "substantial change in circumstances" that affects one’s ability to comply with child custody, child support, or spousal support order. A "significant change in circumstances" can include loss of income, increased costs of childcare or schooling, loss of a job, medical conditions, etc. At times. parties are able to agree upon the changes that need to take place, it is still important for them to take the necessary steps to formally amend any prior agreements or court orders. Modification orders can apply to: Modifications to judgments can include changes to child support, child custody, or spousal support. If your situation has changed, it may be in your best interest to inquire about a modification to your court orders. Keep in mind, prior to a court order being changed, you are required to continue honoring the current order. Our attorneys can handle your modification request and will assist you in obtaining your desired result in the best manner possible. Custody and Visitation Modification: A significant change in circumstance can also be the reason for a parent to need to change custody or visitation orders. If you would like to inquire about modifying your current schedule, you must show evidence of a significant change in your circumstances and that the new schedule is in the best interest of the children. Child Support Modification: Child Support can also be modified after the divorce process. Child support modifications often occur when one parent’s income significantly increases or decreases. You can also request a modification to child support if a parent’s custody schedule has changed, causing a child to spend more or less time with one parent. Prior to requesting a modification, you must determine whether the change in circumstances will be permanent or temporary change. Spousal Support: Spousal Support modification is a very common question that we receive. Each modification request is unique and handled based on the client’s change of circumstance. Often, we see that it is the supporting party that is requesting a reduction in support payments or the supported party is requesting additional support due to a decrease in income. Each case is different and must be evaluated to determine if the change in circumstance warrants a change in support payments. Our attorneys at Candelaria LLP can help you navigate through this complex and difficult process. Enforcing Judgments: Sometimes agreements that are made by people with the best intentions need to be enforced. The reality is that some people must be forced to comply with their agreements or court orders. When one party is non-compliant, the complying party has to take legal action to ensure compliance. Vanessa understands that nothing is more frustrating than to have to rehash the issues of divorce. She has counseled and represented numerous clients in modification and enforcement proceedings. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Our Attorneys — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us CANDELARIA LLP ATTORNEYS Vanessa Candelaria PARTNER Certified Family Law Specialist Read Vanessa's Bio Nicole Ramos Takemoto PARTNER Certified Specialist in Estate Planning, Trust & Probate Law Read Nicole's Bio Molly Laughlin PARTNER Certified Family Law Specialist Read Molly's Bio Stan Sarkisov SENIOR ATTORNEY Read Stan's Bio Shane C. Nielson SENIOR ATTORNEY Read Shane's Bio Melanie Yabut Violan ATTORNEY Read Melanie's Bio Lorena P. Garcia ATTORNEY Read Lorena's Bio Jeff Turrini ATTORNEY Read Jeff's Bio Christine Calacsan ATTORNEY Read Christine's Bio With over 90 years of combined experience, the attorneys at Candelaria LLP are committed to helping you protect your family in complex legal matters, whether it be a divorce , parentage action ( child custody and child support ), restraining order , estate plan or trust/probate issue. Contact Our Law Firm Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Domestic Violence Restraining Order — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Domestic Violence Restraining Order A domestic violence restraining order is placed against a person after an incident of domestic violence or after threats have been made toward a person. Incidents may include stalking, harassing, physical harm or the threat of physical harm. Restraining orders can be issued against a spouse, a former spouse, a girlfriend or boyfriend, the parent of one’s child, or a former roommate. A restraining order can prevent an abuser from coming to a protected party’s home, place of business, car or school. A restraining order can also keep an abuser a certain distance away from the protected party. The restraining order is meant to protect victims of domestic violence by keeping abusers from coming within a close proximity to the protected party. Allegations of domestic violence are not to be taken lightly. A violation of a domestic violence restraining order can result in jail time, fines or a criminal record. If abuse or the threat of abuse accompanies a divorce or family law dispute, a restraining order may become necessary. Having a restraining order issued may complicate issues such as child custody, property control and support. Candelaria LLP represents clients in cases involving allegations of domestic violence. Our firm understands the immediacy of those matters involving allegations of domestic violence and acts accordingly on behalf of our clients. We have experience in bringing domestic violence actions as well as defending such actions. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Legal Services We Offer in SF Bay Area — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Legal Services we offer in the SF Bay Area and San Diego / Orange County Areas The decision to hire a lawyer is most likely one of the most difficult and important decisions that you can make. After all, your future, livelihood, and freedom may be at stake. In choosing a lawyer, trust is key. You need to be confident that your lawyer not only has the legal knowledge and experience but also the passion, devotion, and time to pursue your case and advocate in your best interest. With Candelaria LLP you can expect all of that and more. The divorce process can be daunting. Our approach is to educate our clients about the divorce process, the options for each case and to provide an appropriate recommendation for your situation. Knowing your rights will empower you to make the best decision for you.  Here are all the legal services that we offer: Consultation Clients consult with our attorneys to obtain information about his or her family law matter. Consultations provide an excellent opportunity for clients to get a feel for the attorney’s approach. Clients may choose to retain our attorneys on a consulting basis in mediation matters and in cases in which clients represent themselves in court. We can assist in preparing our clients to present their cases to a judge. In consulting matters, clients represent themselves and call upon our office to provide legal advice and guidance during the divorce process. We are not the attorney of record and do not direct the litigation. Our team recognizes that our clients face personal and difficult legal issues, and the results that she achieves will shape our clients’ futures and ability to move forward. We work collaboratively with our clients and involves them at every stage in the process. The ultimate goal is to create an acceptable solution that helps clients maintain control of their lives and avoid unnecessary litigation. When possible, we seek solutions that lead to an agreement between the parties and view litigation as a last resort. In those cases where litigation is necessary, the attorney is prepared to skillfully argue the cases before the court. Litigation Candelaria LLP offers mediation services to help resolve family law conflicts as efficiently and cost-effectively as possible. Mediation is a form of alternative dispute resolution in which the mediator acts as a facilitator for the parties and serves as a neutral to help the parties reach a resolution. The mediator is either appointed by the Court or more typically, selected by the parties. Mediation is private and confidential. Nothing discussed in the mediation can be used against a party in court at a later time. We recognize the importance of trying to resolve cases without court involvement. The mediation process focuses on reaching an agreement in a structured process that minimizes stress and conflict for families. Our firm recognizes that litigation is not only expensive, but it also takes away decision making and autonomy. We are prepared to discuss with our clients the different mediation options available to them and offer practical advice on whether to pursue this course of action. Mediation Family law matters involve many documents, forms, and pleadings that must be completed and filed with the court. Candelaria LLP assists clients with document preparation and oversees the entire process to ensure that the documents are completed and that the documents are in compliance with the rules. Our firm assists with the following documents: Uncontested Divorce Paternity Proceedings Child Custody & Visitation and Parenting Agreements Child Support Orders Spousal Support Orders Document Preparation For clients who wish to focus their resources and energy towards what is most important to them, Candelaria LLP offers limited scope representation to help resolve a certain aspect of family law case, such as spousal support or child custody, with the goal of resolving the issue as cost-effectively and efficiently as possible. We are also sometimes retained to represent clients for a specific hearing only. The client would still be self-represented for all issues not covered by the limited scope agreement and notice to the court. Limited Scope Representation If thinking about an estate plan makes you feel uneasy, you are not alone. Contrary to popular thinking, an estate plan is not only for directing the disposition of your assets upon your death. Click here to learn more about our estate planning services. Estate Planning and Estate Administration We are ready to serve you. Contact Candelaria LLP for your legal consultation What Sets Our Law Firm Apart   Candelaria LLP offers special programs that make our firm unique and cutting edge. We strive to make legal services accessible to everyone.  The vast majority of litigants in family court are self-represented. While there are many reasons why a litigant represents himself or herself, it is usually because they simply cannot afford an attorney. Candelaria LLP aims to bridge the access to the justice gap one person at a time. Hiring an attorney can be overwhelming, especially when you are experiencing a major life change. In addition to family law services, our trusts and estates practice will provide you with peace of mind in a comfortable setting as you work with our experienced atto Candelaria PC in the Community — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Candelaria LLP in the Community At Candelaria LLP, we take immense pride in our commitment to supporting our community in California. With offices in Walnut Creek, Oakland, and San Diego CA, we believe in the power of giving back and actively engage in several initiatives to make a positive impact. Our blog below captures our journey. Candelaria LLP 1/23/25 Candelaria LLP 1/23/25 Gender-Affirming Resources From Our Community We here at Candelaria LLP keep track of trends in the law that may affect our clients, with a keen eye towards cultural competency and equality. We received a note from a class that they found our blog from 2023 on LGBTQIA+ Resources to be an excellent resource. A student from the class shared two additional resources on gender-affirming care. Read More Candelaria LLP 9/1/24 Candelaria LLP 9/1/24 Celebrating Growth, Community and 10 years: Candelaria LLP’s Summer Soiree September marked a significant moment for Candelaria LLP, and we celebrated in style! At our Summer Soiree , we gathered with friends, colleagues, and family to honor our new office expansion and ten years of proudly serving the Bay Area . Read More Candelaria LLP 8/26/24 Candelaria LLP 8/26/24 Women’s Equality Day 2024 Today commemorates the passage of the 19th Amendment to the United States Constitution, which gave women the right to vote. The law passed in 1920, and the US Congress designated August 26 as Women’s Equality Day, in the United States. Read More Candelaria LLP 7/1/24 Candelaria LLP 7/1/24 Candelaria LLP Partner Alice Cheng Guest Co-Editor for Contra Costa Lawyer Magazine's July 2024: The Restraining Order Issue Candelaria LLP partner Alice Cheng recently served as guest co-editor for the July 2024 issue of the Contra Costa Lawyer magazine, titled “The Restraining Order Issue.” Attorney Alyssa Daatio authored a compelling article, “Safeguarding California's Elderly and Dependent Adults through Protective Proceedings and Protective Orders.” Read More Candelaria Marketing 6/26/24 Candelaria Marketing 6/26/24 Candelaria LLP Attorneys Selected to 2024 Northern California Super Lawyer and Rising Star Lists Candelaria LLP is proud to announce that attorneys in our firm were selected as 2024 Northern California Super Lawyers and Rising Stars. Read More Older Posts Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Family Law FAQ — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us With over 90 years of combined Family Law and Estate Planning experience, the attorneys at Candelaria LLP compiled this list of questions frequently asked by our clients seeking legal advice. Do you have to be separated to get a divorce? You can file for a divorce the day you determine the marriage is over, even if you are still living with your spouse. However, you must have a date of separation to obtain a divorce, which could be the date you file for a divorce or a date before then. Your “date of separation” is the date that a complete and final break in your marriage occurred. This is shown by both (1) expressing your intent to end the marriage to your spouse, and (2) you take some action that is consistent with ending the marriage. (Family Code §70). Some examples of actions taken that are consistent with ending the marriage include moving out of the family home, telling family and friends about the separation, or ending intimate relations. What is a no-fault divorce? In California, all divorces are “no fault.” This means that irreconcilable differences have led to an irremediable breakdown in your marriage. The court will not entertain the reason you are getting a divorce or place blame on one spouse or the other. What is an uncontested divorce? An uncontested divorce occurs when you and your spouse are able to reach a full agreement, resolving all issues in your divorce, such as custody and visitation, child support, spousal support, and division of assets and debts. If your entire divorce action is uncontested, you will not need to appear in court. In some cases, parties will start their divorce action contested on certain issues, for example, custody and visitation and child support. However, the parties will work together to reach a final agreement called a Marital Settlement Agreement to resolve the remaining issues in their case. How long does it take to get a divorce in California? Getting a divorce takes at least 6 months. It depends on a number of factors, such as the complexity of your matter. At minimum, California’s mandatory “cooling off” period requires that a status termination cannot occur until six months after the date the summons and petition are served. A status termination restores each person back to the status of single person.However, if the parties can reach a full agreement on all matters before the cooling off period ends, then a Judgment of Dissolution can be submitted to the court for approval, with a status termination date after the six-month period expires. Will I have to go to court? It is possible to get divorced or legally separated without going to court. A divorce or legal separation can be granted by declaration if an agreement on all issues can be reached. Then, a written agreement can be drafted, signed by both parties, and submitted to the court for approval. Unfortunately, court may be unavoidable if interim agreements regarding custody, visitation, property, and other pressing issues cannot be reached. What do I do about custody, visitation, property, and other issues while the divorce is proceeding? Whenever it is reasonable or possible, it is usually beneficial if the parties can reach a fair interim agreement on the issues of custody, visitation, support, and property. If an agreement cannot be reached on one or all of the issues, then either party has the option of filing a Request for Order with the court. The Request for Order should specify the orders that the requester wants the court to make (for example, to award child support or to set a parenting schedule). The Request for Order will set a court date. If the request is related to custody or visitation, the parties will need to attend mediation before the hearing. Also, the parties may still be able to reach an agreement prior to the court date. How will our property/assets be divided? In a divorce or legal separation case, both parties are required to complete financial disclosures to inform their spouse about their community and separate property. California is a community property state, so typically, community assets and debts will be divided equally. Exceptions may apply, especially if either party has signed any pre-marital or post-marital agreements. It is important for anyone in a divorce or legal separation to seek legal advice on this very important topic. Who will have to pay off our debts? Any debt, such as credit card debt or a mortgage, that is incurred during your marriage is treated as community property. Even if the debt is in your spouse’s name, that is still considered joint debt. Unless there is an agreement to divide the debts in a particular way, the courts will typically make both parties responsible for one-half of the debt. Sometimes the debt can be offset against an asset. For example, if you take the vehicle that has a certain value, you and your spouse may agree that your spouse take on less debt, whatever that may be. How is alimony (spousal support) determined? Spousal support is commonly referred to as ‘alimony.’ There are two types of spousal support: temporary and permanent (also known as post-judgment spousal support). The purpose of temporary spousal support is to assist spouses during the divorce proceeding as they transition to separate households. Temporary spousal support is discretionary. In calculating temporary spousal suppo Conservatorships — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Conservatorships A conservatorship is a court’s processes and procedures that are needed to administer an adult individual’s estate or person when that adult individual is no longer able to manage their assets or personal care. A conservatorship can be of the person or of the estate, or both.  A conservator of the person is responsible for the individual’s health care, food, clothing, personal care, housekeeping, transportation, and general wellbeing. A conservator of the estate manages and protects the conservatee’s assets, collects their income, prepares budgets, pays the conservatee’s bills, invests the conservatee’s money. This conservator must prepare and submit annual accountancy to the court of their management actions Contact Us Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Probate — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Probate In a probate case, the court appoints a personal representative to collect the decedent’s assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries, all under the supervision of the court. Intestacy If a person dies without having a will, that person is said to have died intestate. In this situation, the California Probate Code sets forth the succession of the decedent’s property to his heirs. Wills If a person dies having a valid will, that person is said to have died testate. The court will generally follow the terms of the will. The will sets forth a nomination of executor, a nomination for guardian of minor children (if applicable), and the distribution of assets. A will alone will not protect your estate from probate, but a will does serve as a critical foundation to a comprehensive estate plan. When accompanied by a trust, the will is known as a “pour-over will” and will address assets not titled in the name of your trust at the time of your passing.   Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Guardianships — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Guardianships Guardianship law in California allows the guardian to take legal responsibility for a minor child. A family member may accept guardianship of a child if a parent becomes terminally ill, or the parents are unavailable or unfit to parent or upon death of both parents. Establishing a guardian when the parent is still alive generally requires the biological parents’ approval. If appointed legal guardian, there are several things that you are responsible for providing: Food, clothing and shelter Safety and protection Management of the finances Medical and dental care There are three types of guardians: guardian of a person, guardian of an estate, and guardian of a person and estate. The different types reflect the knowledge that different people have different needs from guardians. The attorneys at Candelaria P.C. can counsel you on the proper type of guardianship that would best suit the degree of assistance required by the dependent. An attorney can provide your family support as you consider whether a guardianship is in your family’s best interests. Contact the Law Office of Vanessa Candelaria, P.C. for guidance on guardianship issues. We will advise you of the proper procedure to obtain a guardianship. Our practice handles the actual guardianship proceedings, as well as a termination of guardianship. Contact Candelaria LLP Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Premarital (Prenup) Agreements — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Premarital (prenup) Agreements Premarital agreements (or prenups) are not only for the wealthy. Couples who are contemplating marriage are more frequently choosing to enter into premarital agreements for many different reasons. Although asset protection is a primary reason to consider having a premarital agreement, a well-crafted, comprehensive premarital agreement is a good way to avoid conflict and expensive litigation that sometimes arises in divorce. A premarital agreement is a contract entered into and signed before marriage. A premarital agreement can establish rights and obligations with respect to the ownership and use of property, the acquisition of property during marriage, spousal support, debt payment, and inheritance rights. Before entering into a premarital agreement, both parties should disclose the nature and extent of their assets, debts and income to each other or waive their right to have such disclosure prior to signing their agreement. Our firm has experience in drafting the agreements, representing clients during negotiations, explaining and educating clients about the legal significance of the agreements and the ramifications of either having or not having an agreement. We also evaluate existing premarital agreements for our clients. Contact Candelaria LLP for your consultation Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Trusts and Estates Litigation — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Trusts and Estates Litigation Navigating Complex Legal Challenges with Expertise and Precision Effective estate planning is essential to avoid disputes among family members after the passing of a loved one. Experienced estate planning attorneys diligently identify potential conflicts within a client's plan and provide recommendations to prevent them. However, despite these efforts, certain situations may arise where disputes become unavoidable, ultimately leading to the need for litigation. At Candelaria LLP, we understand that probate disputes encompass a wide variety of topics and often involve emotionally charged and complex issues. Our dedicated team specializes in navigating these sensitive matters, offering comprehensive legal support to trustees, beneficiaries, personal representatives, and all parties involved in trust and estate litigation. When disputes arise, you can trust our expertise to guide you toward equitable solutions while protecting your interests and preserving the intentions of your loved one's estate plan. Trust/Will Contests Challenging or Defending the Validity of Trusts and Wills Trust and will contests, as well as the defense of document validity, represent one of the core areas of our practice. We recognize that disputes over the validity of a trust or will can arise due to various reasons, including concerns about undue influence, lack of capacity, improper execution, or the need to establish the authenticity of estate planning documents. Our attorneys are skilled in scrutinizing estate planning documents, gathering evidence, and presenting compelling arguments in court. Whether you are seeking to challenge the validity of a trust or will or defending the integrity of these essential documents, we are here to provide dedicated legal representation. We work diligently to protect the intentions of the decedent or grantor and secure our clients' rightful inheritance or assets while also ensuring the documents' legal standing. Breaches of Fiduciary Duties Holding Trustees and Executors Accountable In the realm of trust and estate litigation, breaches of fiduciary duty are all too common. Executors, trustees, and other fiduciaries have a legal obligation to act in the best interests of beneficiaries. When they fail to meet these obligations, beneficiaries may suffer significant financial losses. Our attorneys have a deep understanding of fiduciary responsibilities and work tirelessly to hold accountable those who breach their duties. Whether you are a beneficiary seeking justice or a fiduciary facing allegations, we are prepared to protect your rights and interests. Defending Breaches of Fiduciary Duties  In trust and estate litigation, our commitment extends beyond representing beneficiaries and heirs. We also provide robust defense for trustees, executors, and other fiduciaries facing allegations of breaching their fiduciary duties. Allegations of breach can be damaging to your reputation and personal liability. Our experienced attorneys will vigorously defend your actions, ensuring that your side of the story is heard, and, where appropriate, negotiating favorable resolutions. We work tirelessly to protect your interests and minimize the legal and financial consequences that can result from breach of fiduciary duty actions. Partition Actions Resolving Disputes over Shared Property Partition actions often arise when multiple parties have an interest in the same piece of property within an estate or trust. These disputes can be highly contentious and complex. Our experienced attorneys have a track record of successfully navigating partition actions, whether involving real estate, businesses, or other assets. We work diligently to achieve equitable solutions, including sales, divisions, or buyouts, while protecting our clients' interests. In the realm of trust and estate litigation, it is essential to have a skilled legal team by your side to tackle the multifaceted issues that may arise. At Candelaria LLP, we are committed to providing strategic and personalized legal solutions tailored to your specific needs. Our goal is to help you navigate these challenges with expertise and precision, ensuring the best possible outcomes for your case. Schedule a consultation and let us guide you through the complexities of trust and estate litigation. Contact Us Today Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn California Family Law Divorce Guide — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us California Family Law Divorce Guide The divorce process in family law can be daunting. Our approach is to educate our clients about the divorce process, the options for each case, and to provide an appropriate recommendation for your situation. Knowing your rights will empower you to make the best decision for you. Contact Us to Schedule a Consultation Three Different Ways Married Couples Can End Their Marriage in California Legal Separation It is a common misconception that “separation” occurs once one spouse moves out of the home. However, being legally separated requires more than a physical separation. A legal separation must be granted by the courts, just like a divorce. The couple remains married, but the process allows the couple to work out custody, asset division and support. Annulment An annulment allows the marriage to be considered null and void. In other words, the couple can move forward with their lives as if they were never married. California Courts may grant annulments for several reasons including but not limited to incest, bigamy, being under 18 when the marriage took place, fraud, or being forced or coerced into marriage against a person’s will. Annulments are rare given their strict requirements. Parties cannot agree to an annulment; it must be granted by a judge. There are also time limitations on when a court can grant an annulment. Divorce In California, divorce is permanent and straightforward process to end the marriage. Once all requirements are met, the couple will divide assets, resolve child custody and support issues, and other related concerns, and ultimately have the courts agree to issue a final decree that permanently and legally terminates the marital status for the couple. Note on Domestic Partnerships When a Registered Domestic Partnership ends, it must also be terminated formally. Considerations before Filing for Divorce The experienced divorce attorneys at Candelaria LLP can relieve you of the stress and challenges that accompany this difficult time. California has specific procedures that must be followed and our law firm can help you navigate this process to help you plan. Learn more about Our Services . Residency Requirement California requires that at least one spouse is a California resident for 6 months or 180 days prior to filing for divorce, as well as resident of the county in which the divorce action is being filed for at least 3 months or 90 days prior to filing. There is no residency requirement for a legal separation. Grounds for Divorce Another consideration is the grounds for divorce. California is a purely “no-fault” divorce state which means that in order to get a divorce in California, you never have to prove that the other person did something wrong. Instead, most divorces are based on “irreconcilable differences”. However, “fault” may be considered by the court in narrow situations, such as in domestic violence situations, property division or reimbursement claims. For example, the court may consider whether your spouse committed domestic violence and whether that should be considered in making child custody or spousal support orders. If your spouse wasted community funds on an extramarital affair or gambling, the court may order that spouse to reimburse the community for misappropriated community property funds. Type of Divorce The next consideration is whether the divorce will be whether the divorce will be filed contested or uncontested. An uncontested divorce is where the parties agree on the terms of the divorce paperwork or a proceeding where one party fails to respond. One benefit of an uncontested divorce is that it is easy and less expensive because the entire matter can be completed with just the paperwork with the court. Neither spouse will have to go to court. Spouses often reach agreements with the advice of their attorneys or through mediation. However, parties will not always agree or the division of assets and liabilities, support, and/or child custody arrangements. Ready to contact an experienced divorce attorney? Additional Considerations Before taking this major, life-changing legal action, considerations should include the current state of the couple’s finances, and for couples with children, the living arrangement that would be most beneficial to the children. How Finances Are Handled during a Divorce?   Community Property California follows a community property system which means that all property and debts acquired during marriage are owned equally by the couple and is divided equally at divorce. This includes all income earned during marriage as well as real and personal property acquired during marriage. Separate Property Community property does not include property such as inheritances, gifts and assets owned or earned before marriage or after separation. It can get complicated if separate property was commingled with community property during the marriage. Common Questions to Address Questions to address related to finances include but are not limited to: -Who will be responsible for finances during and following the divorce? -Who will be required to pay support and for how long? -How will assets and liabilities be split? -Who will live in the family home while the divorce is pending? -Who will get the family home? Will it be sold? -How do we divide our retiremen Trust Administration — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Trust Administration   Trust administration refers to the trustee’s management of trust assets according to the trust document’s terms, for the benefit of the trust’s beneficiaries. During Incapacity A properly funded trust, in conjunction with a durable power of attorney, allows for a smooth transition of authority if a person becomes unable to manage their assets and personal care. Without the proper planning, an incapacitated person may need a conservatorship, which can be time-consuming and costly. A conservatorship is a probate court proceeding where the judge will appoint a responsible person or an organization to protect an incapacitated adult. Post-mortem For most individuals, a trust administration begins at the most difficult time: the death of a friend or family member. When this occurs, the last thing a person needs is to be presented with a multitude of unfamiliar tasks and complex actions. Our firm can provide you with the help you will need to properly complete a trust administration. Post-mortem trust administration consists of a variety of tasks that a Trustee must complete when managing and administering the trust for the benefit of the trust beneficiaries. These include specific tasks spelled out in the trust document or tasks required of all trustees under state or federal law. The post-mortem administration of a trust is generally without Probate Court supervision.   Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Family Law Practice Overview — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Family Law Practice Overview Our firm has devoted our entire legal career practicing family law. When you work with our team, you get a counselor in every sense of the word. We are empathetic. We understand that divorce is an emotional experience for many and can be stressful. As your attorney, our team will advocate for you, defend your rights and move your case forward. Whether in the courtroom or conference room, Our attorneys have the skills and experience to guide you through the family law process. Family Law is a complex area, combining your personal life and the law. Dealing with the many legal issues and considerations can be overwhelming and confusing. Our approach to your family law matter is with compassion, integrity and a focus on personal service. We understand what you are going through and know you need a strong ally to stand by your side. Divorce Proceedings An experienced family law attorney can make all the difference in settling your case.   Parentage Actions Parentage Actions for Child Custody and Child Support are for individuals who are not married and have a child together. It is necessary to formally establish the paternity of the child.   Domestic Violence Restraining Orders Domestic Violence Restraining Order - A domestic violence restraining order is placed against a person after an incident of domestic violence or threats have been made toward a person.   Divorce Modification and Enforcement Divorce is meant to be final. But, some issues can be subject to future modification. Modifying a court order is a complex inquiry. Contact Candelaria LLP to discuss your case and how we can protect what matters most to your family.   Pre-Marital (prenup) Agreements Premarital (prenup) Agreements Premarital agreements (or prenups) are not only for the wealthy. Couples who are contemplating marriage are more frequently choosing to enter into premarital agreements for many different reasons.   Domestic Partnerships Dissolutions Candelaria LLP represents individuals who are interested in dissolving his or her domestic partnership.   Name Changes Candelaria LLP assist adults and children by going through the process of changing their name.     Candelaria LLP has offices in Walnut Creek, Oakland, and San Diego California 1981 N. Broadway, Suite 440 Walnut Creek, CA 94596 T: (925) 233-6222 1212 Broadway, FL 15 Oakland, CA 94612 10680 Treena St, Suite 160 San Diego, CA 92131 T: (858) 252-3375 Family Law and Estate Planning Firm in California About Us Attorneys Contact Us Follow Our Firm Facebook Instagram LinkedIn Client Testimonials — Candelaria LLP Family Law and Estate Planning Attorneys 0 Skip to Content About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu About Us About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Legal Services Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Family Law Practice Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Trusts and Estates Practice Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Resources Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Open Menu Close Menu Folder: About Us Back About Our Law Firm Meet Our Attorneys Our Team California Certified Family Law Specialist Client Testimonials Folder: Legal Services Back Services Overview Consultation Litigation Mediation Document Preparation Limited Scope Representation Estate Planning and Estate Administration Folder: Family Law Practice Back Family Law Overview Divorce Proceedings Child Custody Child Support Domestic Violence Restraining Order Divorce Modification and Enforcement Premarital (Prenup) Agreements Domestic Partnership Dissolutions Name Changes Folder: Trusts and Estates Practice Back Trusts and Estates Overview Estate Planning Trust Administration Probate Trusts and Estates Litigation Guardianships Conservatorships Folder: Resources Back Family Law FAQ Hiring the Best Divorce Attorney California Divorce Guide Blog Client Portal Make a Payment Contact Us Don’t take our word for it, listen to what our clients have to say about our services.   “Vanessa has stood out as being very genuine and caring while helping me with her thorough knowledge of family law through one of the most difficult times in my life during my separation. I spoke to several attorneys prior to meeting her and was not able to find someone who could help our family make this process as painless as possible while keeping in mind what is best for our children. I am eternally grateful!” — Sara S. “Vanessa has been an invaluable resource in my divorce proceedings. She has helped guide me through all the confusing paperwork and has provided a clear and simple path to resolving my court case. I feel very fortunate to have such a helpful and professional attorney in my corner through this difficult process.” — Sergio V. “My ex-husband had filed an Ex-Parte with the courts to insist that our son remain in a particular school district. The following morning, Vanessa walked me thought the entire process. She helped me get to a positive solution in a very challenging situation. I knew my ex would prove to be difficult and I really needed an advocate who would help me stay focused and fight for the best interest of my son. Vanessa created a strategy which was beneficial for both of us.” — Chris S. “When I was going through my divorce, my friend recommended Vanessa Candelaria. I was going through an emotional and financial crisis. All of the sudden I was faced with raising 3 young children on my own, a house I could not afford, and so much more. Vanessa listened to my story and gave me comfort during a stressful time. She was very professional, yet caring and very sensitive to my situation. I was scared, unsure, unequipped, and uncertain of what the outcome would be for my legal battle, but her knowledge of family law was so impressive, that she put all my unknowns at ease. Although my case has been resolved for some time, she is still available to me for any questions or advice when situations arise. I am forever grateful for Vanessa’s professionalism and friendship.” — Mariza G. “Beneath their expert guidance, the seemingly endless ordeal finally came to an end. In just a few months, they achieved what I had struggled to accomplish on my own: a successful divorce. As the new year approached, I found myself liberated from the chains that had bound me for so long. To say that I am grateful, happy, and blessed feels like an understatement. Attorney Cheng and Candelaria LLP not only provided me with legal expertise but also with compassion and support during one of the darkest periods of my life. Their dedication and perseverance were a beacon of hope in my darkest days. If you find yourself battling a divorce, I wholeheartedly recommend Candelaria LLP Law Office. They are not just lawyers; they are champions of justice and guardians of hope. With them by your side, you can navigate even the most daunting legal challenges with confidence and dignity.” — Lucero S. “Vanessa Candelaria represented me in my divorce case. She was very professional and truly cared about my case and me as a person. During this difficult time in my life, it was good to know that Vanessa was on my side and did her best to reach a mutual agreement in a timely manner. She always clearly presented all my options along with pros and cons, which helped me making informed decisions. I felt that she made my case a priority and always had time for me. When I first came to her office, I thought that my situation was hopeless, but Vanessa presented the facts in a different light and gave me hope. Vanessa was recommended to me by a friend of mine, and I would recommend her to any of my friends as an excellent attorney!” — Anya “Vanessa fought hard for me with a compassion that minimized my fears throughout the process. She eased the uncertainty of going through this difficult period of my life with professionalism.” — Leslie I. “She truly cares about you and your situation. I highly recommend her and can’t say enough good about her!” — Edward C. “Her whole conduct was so professional and high standard that the other side’s lawyer looked as an ” amateur”. You want to have and you must have Vanessa on your side.” — Lidia A. “Vanessa was always able to preform her duties and provide an outcome that would not only be honest and fair but would be acceptable to both parties. An extremely difficult time in my life finally came to an end. And my deepest thanks and admirations go out to Vanessa Candelaria and her law firm.” — Chantal W. “No words can express how grateful I am to have her as an ally. If you ever need help with the law, give Vanessa Candelaria an hour of your time and I guarantee you will leave her office satisfied.” — Marjorie A. “I contacted several offices and luckily was able to meet with Vanessa the soonest, THANK GOD! After only spending minutes with Vanessa I could tell that she was incredibly knowledgeable and developed a detailed strategy for my case.” — Tommie B. I rolled the yelp dice for a divorce lawyer and ended up with Vanessa… thank goodness. Her hour consultation was jam packed with helpful advice to proceed.” — Mark B. “I have known Vanessa for several years, and can safely attest that she is a is a wonderful and compassionate attorney who understands the ins and outs of all