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We provide a variety of legal services. |
Our office has two attorneys to assist you with your case. In addition, our office has all the latest technology which allows us to not only keep our pricing structure very competitive but also enables us to stay at the forefront in a rapidly changing field. Both attorneys have experience in all 3 areas of law.
Our office belongs to the Sacramento County, California State and American Bar Associations.
CRIMINAL LAW
Our office offers over 10 years of experience in all levels of criminal cases ranging from traffic infractions to homicide. Each of the attorneys will fight to protect your rights at every stage of your case. They will study the police reports and other evidence in detail so that they may effectively present the best defense or strategy for your legal situation. Each attorney is dedicated to providing you with quality legal service on a one to one basis. You will never be left in the dark. We have taken cases through trial with a very high winning percentage.
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FAMILY LAW
The following is a overview of Family Law in the state of California. We hope you find this information useful.
In order to file for a divorce in California, you must be a resident of California for six (6) months prior to filing the Petition. You must also be a resident of the County in which you intend to file for at least three (3) months prior to filing the Petition.
California is a no fault state. This means that allegations of infidelity and other such claims are irrelevant regardless of their accuracy. The reason for a divorce is that there are irreconcilable differences between the two spouses which forces the separation.
California is a community property state. In other words, it is a 50/50 State. This means that all assets (pensions, property, etc.) accumulated during the marriage are to be divided up equally regardless of who earned the money or asset. There is an exception for couples who entered into a prenuptial agreement.
Any assets that were obtained prior to marriage and are easily traceable are considered separate property. That is, they will not be divided.
Dissolution v. Legal Separation
A Dissolution is a divorce. It signifies the termination of the marriage. On the other hand, a couple who is legally separated remains married. As a result of a legal separation, however, all assets and debts are separated and any new debts incurred or assets acquired by one spouse does not become community property. It is separate property of the spouse who incurred the debt or a acquired the asset.
Legal separation is often preferred for spouses who wish to separate but cannot divorce for religious purposes. Or perhaps someone is not ready for divorce but does not want to be liable for future debts incurred by their spouse and still wants to benefit from their spouse's medical benefits plan.
It is important to know that whichever you decide to do, you cannot force your spouse to remain married to you. Therefore, if you decide you want to be legally separated but your spouse wants a divorce, California courts will not obligate your spouse to remain married and will grant the divorce.
Please note that you must wait six (6) months after the date of serving the petition before a divorce can become final.
Spousal Support
A major factor on which spousal support is decided is the length of the marriage. Generally, the date of marriage is an uncontested date. The date of separation, however, is often an issue of debate. The general rule in determining the date of separation is that you use the day that the parties physically separate and at least one spouse has the intention to end the marriage. This may or may not be an important issue in your case. Our attorneys will be happy to discuss this issue with you should you decide to come in for a free initial consultation.
Once you determine the length of marriage, then you are ready to determine whether you qualify for spousal support or whether you may be obligated to pay spousal support. Any marriage that has lasted ten or more years may be considered a long term marriage. In such cases, the court may award spousal support indefinitely. Any marriage that has lasted less than ten (10) years may be considered a short term marriage. In such cases, the court may award spousal support. Spousal support for a short term marriage will often be awarded for a time period equaling approximately one half the length of marriage. Please note that an award of spousal support will only be granted if there is a disparity in income. Our attorneys will be happy to assist you in determining whether or not under the facts of your case, you are likely to be awarded or likely to pay spousal support.
Child Support
There are three main criteria the Court considers determining child support:
Factors which may affect this number include, but are not limited to, mandatory pension deductions, health care benefits deductions, and child support paid for children from another marriage. Child Support will be awarded for the support of minor children. Child Support obligations terminate when a child is emancipated, turns 19, or turns 18 and is no longer a full time high school student.
PERSONAL INJURY
The filing deadline for a Personal Injury case can vary substantially. If you believe you may have a claim you should contact an attorney immediately.
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Please feel free to contact our office if you would like to find out if Sacramento lawyers can help you with your potential legal problem.
Telephone: (916) 441-4410
Fax: (916) 441-4202
Postal address
1322 F Street, Sacramento CA 95814
Electronic mail
General Information: smyth@cal-law.com
Webmaster: smyth@cal-law.com
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by Teichert & Associates Attorneys At Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.