The Nature of Family Law in Yuba City
Family law in Yuba City encompasses many services. The most common family law cases in Yuba City involve divorce, child custody, alimony and support, modifications of existing child support orders, domestic violence issues, domestic restraining orders, property division, grandparent visitation rights and paternity disputes. Due to the fact that Yuba City is located in Sutter County, the local rules of court regarding family law cases can differ slightly from the other counties such as Sacramento, Placer County , San Francisco and Marin County. Filing hours at the Yuba City Superior Court are Monday through Friday 8:00 AM to 5:00 PM, excluding holidays. Emergencies are always accepted. The filing fee for most family law cases is $450.00. The family law facilitator (a lawyer who works in the court) can assist with most family law legal problems. However, litigants must be prepared to file their own motions and develop case-in-chief for their trials. Self-representation is an option, but case preparation and presentation in court will be a case of trial and error for the untrained litigant.
Traits to Look for in a Great Family Law Lawyer
Navigating the complexities of family law cases in Yuba City, CA requires the expertise of a seasoned family law attorney. But finding the best attorney to help with your case can be a bit challenging. While there are many attorneys to choose from within the Yuba City area, only a select few can provide you with the kind of exceptional service you need and deserve. Additionally, you shouldn’t expect any Yuba City family law attorney to be equally suited to represent you in one case as they would in another. Therefore, you must take great care to hire the right attorney the first time.
In order to arrive at the most ideal representation possible, certain criteria must be considered. Top family law attorneys tend to share many similar qualities. The successful counsel you choose to represent you must have the right experience, knowledge of California state laws, and compassion for your situation. Combining these personal and professional qualities helps to position the right attorney for each case by improving the chances for a positive outcome.
For instance, suppose you are in need of a divorce lawyer. It is essential to choose an attorney familiar with divorce, custody, child support, or whatever else your case may involve. For example, if you are facing charges for child endangerment, his or her experience with representing clients in these situations can prove to be invaluable.
Additionally, knowledge of California state laws is ultimately what makes or breaks a case. With these laws frequently evolving, your top priority has to be finding an attorney who is current on California statutes, case law, and practices. The better informed your attorney is about the law, the more set up for success your case becomes.
Now, all of this knowledge and experience means next to nothing if the family law attorney doesn’t provide you with compassionate representation. Being involved in a family law case is stressful enough without having to deal with a dispassionate lawyer. A compassionate attorney approaches your case in a manner that considers your needs, concerns, goals, and experience. This helps to ensure you will feel supported every step of the way.
Furthermore, attorneys provide counsel on how to properly communicate with one another when it comes to legal proceedings. Your attorney must communicate effectively in and out of the courtroom so you can feel comfortable throughout the entire process. Likewise, your attorney will need to frequently address the opposing party during negotiations, settlements, and court appearances.
A top-notch attorney serving Yuba City, CA doesn’t focus merely on winning. Instead, they want what is best for you in terms of your well-being moving forward. However, it takes an attorney with the aforementioned qualities to get you to this point and out of a messy case with a favorable outcome.
Selecting the Right Family Law Attorney
Choosing the right family law attorney in Yuba City, CA, is both a personal and a professional decision, and should never be taken lightly. You can get off to a good start by doing some research before you contact any law firms.
First, read client reviews online. These are easy to find with a simple search. Online reviews are an excellent opportunity for past and present clients to tell you how their overall experience was with a specific attorney or law firm. While not all client reviews you read online may not be entirely reliable, they can help you make a more informed decision on how you proceed.
Next, take a look at the credentials and career track record of the lawyer you’re interested in. Going to law school is extremely competitive and takes years of hard work. While the skills and knowledge you acquire are undoubtedly important, experience matters as well.
You also want to be sure to see if an attorney is part of a few legal organizations. Membership in groups such as the American Bar Association or the State Bar of California can give you an idea of the level of professionalism he or she holds in regard by his or her peers. A lawyer who is regarded highly is more likely to treat you right.
In addition to his or her reputation and experience, you should be able to meet with your attorney in the first place. Find out the availability of the attorney, or the family law practice in general, for the initial consultation. Will you be seeing the same attorney every time, or will it be a different one? Factor these elements in when you’re choosing an attorney.
If a lawyer is unavailable for more than a week, or you’re assigned to someone else for your case, that’s often not a good sign. Someone who cares about your cause will try to be available to you as often as possible. If an attorney is not available for you, he or she might not be the best choice for you.
Finally, make sure you know the price of tuition for the entire process. You should ask what services are charged for, and if there is a retainer fee involved. Ask your attorney if you pay as you go or if it makes more sense for you to pay upfront. Compare prices of other attorneys as well to see where you’re getting the best deal overall.
When it comes to hiring a lawyer for a family law case in Yuba City, CA, you should not rush to make a decision that could cost you greatly in the long run. Finding the right family law attorney takes a bit of time for research, but it can ensure you’ve found the best legal representation possible.
Overview of Family Court in Yuba City
The Family Court process in Yuba County, as in all of California, is fairly straight forward. After a family law matter is filed, there are normally very few delays. Initially, potential delays include filing additional paperwork, waiting for your spouse to respond to the papers served on them, and completing the mandatory "Alternate Dispute Resolution" or "ADR" appointment before any hearings are held. The ADR process entails contacting a trained Family Law mediator who will attempt to settle the case by phone. If the ADR is successful, then all parties must sign the settlement agreement and the case is over, at least with respect to those issues in the settlement agreement. If the ADR is unsuccessful, then the case can move forward into numerous legal hearings that can turn into a full-fledged trial, depending on the complexity of the matter.
In Family Law cases in Yuba County, the matters that are considered for resolution are child custody, child support, spousal support, attorney fees, property division, and any issue you feel is necessary to truly resolve the matter. At the initial hearings that involve Child Custody and Support, the Judge typically schedules the next hearing months (as much as 8 months) in the future, at which time, the Judge expects all issues including issues of spousal support, attorney fees, health insurance , and property division to be brought to the table and resolved. The Judge and court clerk expect the parties and their counsel to be prepared for trial, so there is little chance for another continuance.
At a Trial, the party seeking an order bears the burden of proof. Therefore, the party that brings a motion to modify the child support order must present evidence to the Judge that there has been a change of circumstances and why a reduction in child support is warranted. At a trial, both parties have the opportunity to present live testimony, witnesses, expert witnesses, and offers of proof as exhibits, to prove or disprove the other party’s claims. In a permanent spousal support hearing, evidence regarding the length of marriage, the age and health of the parties, the ability to work, job skills, present and future earnings, assets and debts, and any other evidence related to the standard of living during the marriage is analyzed.
The attorneys argue facts as well as law based upon the issues presented. The Judge then issues the ruling verbally but will later issue a written Order with Findings of Fact and Conclusions of Law based on the oral ruling. Family law Cases can and often do extend for years and even decades, without an enforceable resolution. Having highly qualified and experienced attorneys on your side to guide you through this difficult process is indispensable.
Helpful Resources for Family Law Clients
Finding the Best Family Law Attorney in Yuba City, CA
Legal Aid of Northern California:
A non-profit organization that focuses on providing free or reduced-cost legal services to low-income people. They cover a variety of issues ranging from family law and domestic violence to public benefits and immigration. The Yuba City branch of Legal Aid of Northern California is located on Market St. The office hours are Monday through Friday 8:30 a.m. – 5 p.m.
Pro Bono Works:
A service of the State Bar of California that matches volunteer lawyers with people in need of pro bono legal assistance. Pro bono services are provided in all areas of law through organizations that have been approved by the bar association. If you cannot afford legal fees for a case, they may be able to connect you with an attorney.
Family Focus Resource Center:
Family Focus Resource Centers are a family resource which exists to partner with parents, school districts, and community agencies so as to strengthen our schools and support families. They have two locations in the Yuba Sutter area, one at Yuba City High School and the other at Bear River High School. They provide clinical services such as parenting classes and counseling as well as mediation services.
Emergency Family Shelters:
If you are a woman with children and are fleeing domestic abuse you are able to utilize emergency family shelters which provide food and housing. In Yuba-Sutter the Women’s Resource Center and Hope Services Center offer this.
Family Law Mediation Services:
Mediators can assist parties that are unable to come to an agreement on their own. You and the other party meet with a neutral third party who makes an attempt to facilitate communication between the two parties to hopefully reach a solution without the need for litigation.
Commonly Asked Questions
Oftentimes family law clients have many questions about the process. It is important to re-emphasize that you should speak with an attorney directly. You shouldn’t rely on information found online or in printed literature. You and your specific issues are often times unique. Below are several frequently asked questions by our family law clients – it’s a good idea to do some research on your own before you meet with an attorney.
How do I file for divorce in California? You should start by doing some basic research to determine if you are eligible to file for divorce in California. If you are eligible, there are several steps involved in the process, and some qualifications that you will need in order to proceed with the filing.
Who gets custody of the children? The Court can grant joint legal custody to both parents over such issues as school , religious training and medical needs of the child. It’s a good idea to begin a journal that would indicate where the children are spending their time, and if you, as the parent in question, are having the children on the appropriate days as stated in your court order. You can also use this opportunity to write down significant events that would be useful for you to keep track of during the holidays. It is important that the parent understand that they should not speak poorly of the other or use the children as a weapon against the other parent.
How does the Court decide who pays alimony (aka spousal support)? The Court will look at both parties’ income, needs, the length of the marriage, standard of living during the marriage, the marketable skills of the supported spouse, what the supported spouse could earn, the tax status, the balance of the hardships, and many others.