Expert legal support for all Family Law matters
Apoyo legal experto en todos los asuntos de Derecho Familiar abogada derecho familia salinas family law attorney salinas divorce and child custody
Expert legal support for all Family Law matters
Apoyo legal experto en todos los asuntos de Derecho Familiar abogada derecho familia salinas family law attorney salinas divorce and child custody
At the Law Offices of Sandra Lopez, we bring over 20 years of experience in family law to the table. Our commitment is to provide dedicated legal representation tailored to your unique situation. We provide legal support for all Family Law matters. family law attorney salinas divorce and child custody abogada derecho familia salinas
Call us today and speak with our office staff to schedule a consultation.
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Open today | 09:00 am – 05:00 pm |
All including same sex marriages. All are welcome at the Law Offices of Sandra Lopez.
Divorce (also called Dissolution of Marriage) ends your marital status by the end of the process.
Legal Separation allows the court to issue the same orders as in a divorce—such as those involving property, custody, or support—but you remain legally married. The court also cannot restore a former name in this case.
Nullity means you're asking the court to declare the marriage legally invalid. This may apply if the marriage was never legally valid (void) or can be canceled (voidable) due to reasons like bigamy, incest, fraud, mental incapacity, or a prior existing marriage.
Custody is divided into two main types: legal custody and physical custody. Legal custody refers to the authority to make important decisions regarding a child’s health, education, and general welfare. Courts typically prefer that both parents share joint legal custody, encouraging cooperative decision-making for the benefit of the child. Physical custody, on the other hand, relates to where the child lives most of the time. This can be shared fairly equally between both parents (joint physical custody), or one parent may have primary custody if the child primarily resides with them. Regardless of the arrangement, the court's central concern is always the child’s best interest. The law does not assume one gender is better suited for parenting; both parents are seen as essential to a child’s life and development. Courts also operate under the principle that children benefit from consistent, meaningful time with both parents unless circumstances indicate otherwise.
Parents are encouraged to agree on a parenting and visitation plan without the court’s involvement. If assistance is needed, the court provides free mediation services, though both parents must first complete a co-parenting workshop—a three-hour seminar designed to center the child’s well-being and teach cooperative parenting strategies. In Monterey County, there are two forms of mediation: Confidential (1st Tier) and Non-Confidential (2nd Tier). Once a petition is filed and both parents have attended the seminar, 1st Tier mediation can be scheduled. If the parents come to an agreement during this process, a draft agreement is created; if neither parent withdraws their consent within 10 days, it becomes a formal court order. In contrast, 2nd Tier mediation requires a judge’s order and allows the mediator to submit formal recommendations to the court. Regardless of whether the parents agree on a parenting plan, the co-parenting workshop (or a comparable program if one parent lives elsewhere) must be completed before a final judgment is issued, and proof must be submitted to the court.
Both parents share a legal obligation to support their children financially. Child support is generally calculated using a state-mandated formula that considers each parent’s gross income, tax status, certain allowable deductions, the number of children, and how much time the non-custodial parent spends with them. Courts rely on specific software to generate guideline support amounts. If the Department of Child Support Services (DCSS) is involved, their tools must be used. While judges can adjust the amount under certain conditions, deviations from the guideline formula are relatively rare. If DCSS is involved, support is typically collected via wage garnishment, though other collection methods may be used when DCSS is not handling the case.
When a Petition for Divorce or Legal Separation is filed, automatic temporary restraining orders are triggered—initially for the petitioner and then for the respondent once they’ve been served. Both parties are legally required to disclose all assets and debts, regardless of whether they are believed to be community or separate property. California follows community property laws, meaning that most assets and debts acquired during the marriage are considered jointly owned. Exceptions may include gifts or inheritances, depending on how they were received and treated during the relationship. Additionally, couples can formally agree to reclassify property during the marriage, usually through written agreements. Property or debt acquired after the date of separation is typically viewed as separate. Full financial transparency is required throughout the process to ensure a fair division of property and debt.
Unbundled legal services, also known as limited scope representation, allow clients to hire a family law attorney to help with specific parts of their case—rather than retaining the attorney for full representation. This flexible approach can be a more affordable and efficient option for individuals who do not need or cannot afford full legal representation.
In family law cases—such as divorce, custody, child support, or property division—unbundled services might include:
Clients maintain control over their case and handle parts of it on their own while receiving professional support where it matters most. Unbundled services are ideal for those who are comfortable managing some aspects of the legal process but want expert guidance for key steps.
Mediation is a structured negotiation process in which parties meet together with a neutral third party to reach a mutually beneficial global agreement that is tailored to your unique needs within your case. Discussions are based on open communication, compromise, and problem solving. Mediation must be voluntary and both parties must agree to participate from beginning to end. All discussions during mediation are confidential and the process generally is cost-effective, less stressful, and gives parties more say in the outcome instead of relying on a judge’s decision.
Guardianships are often established by an adult (usually a family member) for minor children (under 18) whose parents are unable to care for them (i.e. due to death, illness, or incarceration). A guardian is responsible for the child’s care, including providing food, shelter and medical care, and making decisions about their education and well-being. Courts will typically only grant guardianship to the extent necessary to protect the child’s well-being. While the guardian takes on many parental responsibilities, the parents’ rights are not completely terminated. Parents may still have the right to reasonable visitation (supervised or unsupervised) and contact with the child, and they retain the duty to financially support their child. Guardianships can end automatically when the child turns 18, or they can be terminated by the court if it is in the child’s best interest.
A Prenuptial agreement is a contract entered into by a couple before marriage that outlines how their property and assets will be handled during the marriage and in the event of divorce. For a prenuptial agreement to be valid, it must be in writing and signed by both parties. It must be voluntary and based on informed consent. Each party has a duty to fully disclose all their assets, debts, and income. California law requires a minimum of seven days between when the final agreement is presented and when it is signed. Each party should (not required but strongly recommended) to be represented by an attorney prior to signing any agreement. The Courts may scrutinize an agreement to make sure, if a dissolution is filed and the prenuptial is at issue, that the agreement was clear and transparent, not unconscionable, and was made with full disclosure with no coercion over a party.
Protects individuals from domestic abuse or threats by someone with whom they share a close relationship, such as a spouse, ex-spouse, partner or family member, including parents, children, and siblings. The orders aim to prevent physical harm, harassment, and emotional abuse within intimate or familial relationships. A lawyer can assist you with gathering evidence, obtaining and filing court forms, service of the temporary order, and presenting evidence at the court hearing. Assistance can also be given to defend against the allegations and offer assessment of your situation, provide legal guidance on compliance with existing temporary orders and assist you with gathering evidence and witness testimony to support your position, and ultimately represent you in court to contest the order.
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