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Family Law Services

The Law Office of Annette Hall Neville focuses exclusively on Family Law Services. Our philosophy is client-centered and we have augmented our considerable experience with special certification. To learn more about the rigorous requirements for Family Law Specialist Certification please see our “How to select an Attorney” page.

Custody and Visitation

Custody issues are some of the most complex issues in any divorce. It is important to find an attorney who knows when to tread lightly and knows when a more aggressive approach is necessary. In matters of custody and visitation, knowing when to choose your battle is half the battle.

During these emotional times, it is important to find a reasonable and realistic family law attorney who knows how to present your case for the best possible outcome. While dealing with a divorce is never easy, an attorney who is willing to be honest with you about your custody case makes the process much smoother and less emotionally taxing.–>Read More on Child Custody and Visitation

Property Division

In California, all assets acquired during the marriage are presumed to be community property. However, this is not always the case, and divorcing spouses do not always end up with an equal division of assets. That is why it is important to consult with an experienced family law attorney who can help you navigate property division issues.

There are numerous issues that affect how property and assets are split after a divorce. For example, a home purchased during the marriage is generally community property, but what if the down payment for that home came from one spouse’s inheritance? That spouse would be entitled to reimbursement. If that reimbursement would be more than the equity in the residence, it won’t likely matter whether it is community property or not. Property division can be complicated. This is why it is crucial to find an attorney who can help your understand how your property is likely to be divided when you start the process of divorce.–>Read More on Property Division

Child Support

Family courts use a guideline calculator to determine child support. However, there are numerous cases where a court will deviate from the guideline calculations. A family law attorney can assist in discerning when it is appropriate to ask the court to deviate from guideline and help achieve a support figure with which the client is comfortable.

Children are meant to be supported commensurate with the financial circumstances of both parents. An experienced family law attorney can help a client achieve a child support order that does exactly what it’s supposed to do – equalize the economic circumstances of the households in which the child resides.–>Read More on Child Support

Spousal Support

Spousal support is probably the most misunderstood subject in family law. Many potential clients believe that they are entitled to continue living the lifestyle to which they were accustomed during the marriage. This is a misconception. Spousal support is more complicated than that.

Courts consider myriad factors, outlined in Family Code 4320, when determining appropriate spousal support orders. Most clients need an experienced family law attorney to help them understand exactly what they are entitled to after a divorce and to help them achieve the best possible outcome provided by the law.–>Read More on Spousal Support

Modification of Support

If you are paying or receiving child support, you can request a modification of the child support amount at any time. On the other hand, spousal support orders can only be modified based upon a change in circumstances, unless the spousal support order is specifically delineated as non-modifiable. An experienced family law attorney will know when it is appropriate to request a modification, what factors are involved in obtaining a modification, and how to obtain the best possible result for a client.

If you need to modify your support order, time is of the essence. Every day that you don’t file the appropriate motion to modify support is another day you are obligated to pay or receive the current support order. Consult with a family law attorney as soon as possible to understand exactly how to obtain a modification of support.–>Read More on Modification of Support

For spouses who wish to end their relationship in the same manner as divorce, without actually divorcing, a legal separation is an option. A judgment of legal separation determines all the same issues as a divorce, except that it does not terminate your status as a legally married couple. There are a number of scenarios where a judgment of legal separation might be an appropriate choice. Ms. Hall Neville provides clients with a free telephone consultation to determine whether or not legal separation is something they may want to pursue.–>Read More on Legal Separation

When spouses choose to settle their case rather than go to trial (which most spouses do), they enter into a marital settlement agreement. The agreement delineates the terms of settlement on all issues, and is then filed as part of the Judgment of Dissolution of Marriage (the order that makes your divorce official).

Hiring an attorney does not mean you are going to trial. In fact, a family law attorney can help you decide whether or not going to trial is the optimal choice. Your attorney can also help you come to a fair settlement with the opposing party, and ensure that you understand exactly how a marital settlement agreement affects your rights now and in the future.–>Read More on Marital Settlement Agreements

Paternity issues often arise when two unmarried parties have children together. In some situations, it is important that a parent-child relationship is established; this can be done though a Petition to Establish a Parental Relationship. It is important to establish this legal relationship in order to gain the numerous legal rights this status confers, including rights regarding custody and visitation, the child’s right to inheritance, immigration rights, and more. You must also establish this relationship if you want to request child support.

If you need to assert your parental rights, establish paternity, or have any questions about issues of paternity, contact Ms. Hall Neville for a free telephone consultation to discuss these issues.–>Read More on Paternity

The Department of Child Support Services is a government agency that can establish child support orders, enforce existing child support orders, modify current child support orders, and establish paternity. If you are involved with the Department of Child Support Services, or need help understanding when to seek help from the Department of Child Support Services, contact Ms. Hall Neville for a free telephone consultation.–>Read More on the Department of Child Support Services

In divorce cases, trials are expensive, time-consuming, and exhausting – both emotionally and physically. Even if you’re fortunate enough to obtain the outcome you want at trial, you will often have spent more than you have gained. Mediation allows the parties to a divorce to present their case before a neutral mediator, in the hope of reaching an agreement without the need for litigation.

Mediation can occur with or without the parties being assisted by attorneys. However, a mediator is not allowed to provide any legal advice to either spouse. Having your own attorney means you have access to important legal advice about your rights during the mediation. An attorney can also advise you on whether or not offers you are making and/or receiving are fair and wise. If you have questions about mediation, contact Ms. Hall Neville for a complimentary telephone consultation.–>Read More on Mediation

Prenuptial agreements are not always necessary, but can be important to parties who have significant assets that they want to prevent their future spouse from acquiring an ownership interest in. While California law provides a lot of legal protection for assets obtained prior to marriage and after separation, a prenuptial agreement can fill in any gaps not addressed by statute or law.

Additionally, many people believe that only the spouse who wants to protect his or her assets needs a prenuptial agreement. These people are gravely mistaken. If you are marrying someone who is entering the marriage with significant assets, you may want to ensure that, if the marriage ends you will be financially protected. An experienced family law attorney can help parties come to a fair and binding prenuptial agreement prior to the marriage. If you have questions about a prenuptial agreement, contact Ms. Hall Neville for a complimentary telephone consultation to discuss your options.–>Read More on Prenuptial Agreements