Family Law

A prenuptial agreement is a contract two parties enter into before they legally marry. While every agreement must be compliant with the law, each contract is generally tailored to the client’s needs, whether they wish to keep their assets and income separate or want to limit liability related to spousal support.

Marriage is a legal partnership, and the dissolving of such a partnership requires the separation of everything contained within that partnership—including, but not limited to, the division of all community property assets such as real property, financial institution accounts, retirement accounts, stocks/bonds, business interests, personal property, etc. and the division of all community property debts such as loans, credit card debts, tax liens, etc. In addition, if the parties have minor children, custody (both legal and physical) as well as visitation schedules will need to be addressed. Lastly, depending on the case, spousal support and/or child support may also be issues. We guide our clients through the entire process, working to protect their best interest and (when possible) lead them toward amicable and mutually beneficial resolutions regarding spousal support, child custody, and other decisions.

The legal separation process is almost identical to the divorce process, however, the end result is a legal separation and the parties are still married whereas in a dissolution, the end result is a termination of the marriage. Although parties have different reasons for pursuing a legal separation, it can be a way to keep the other spouse on his or her health insurance plan if desired, and neither party can remarry while legally separated. During this process, we assess every aspect of the separation carefully, working to protect our clients’ best interests regarding the separation of assets, spousal support, and custody agreements.

In cases of spousal support, California either uses a program called the DissoMaster™ or does a Family Code Section 4320 analysis depending on the specifics of each case to determine the appropriate amount of support required relative to a spouse’s income. However, reaching an agreement is not always as simple as plugging in values, as in some cases, an individual may not earn an income that matches his or her earning capacity or needs a complex Family Code Section 4320 analysis. In these cases, we might request that the court order a vocational evaluation, a process in which a professional assesses one spouse’s ability to work and their consequent earning capacity. As mentioned above, in some cases the court is required to do a Family Code Section 4320 analysis. The court must consider and assess Family Code Section 4320 to determine the proper amount and time frame for spousal support. These cases, whether they involve temporary or permanent support, can be highly complex, and it is incredibly important to work with an attorney who is experienced in providing relevant, detailed feedback to the court in order for them to make the best decision.

During a divorce or separation, there are many assets and debts that must be divided between the two parties. These can include physical assets such as a house, vehicle, or other valuable item, as well as intangible assets and debts. In some cases, one party must buy out the other spouse’s interest in an asset in order to divide the portion that was contributed during the marriage.

In California, when one party in a marriage owns a business (or a portion of a business), if the business was well established during the marriage, then the other party has an interest in that business as well. Depending on the circumstances, even if the party owned the business prior to marriage, the other party may still have an interest in the business. Consequently, in the case of a separation or divorce, it is incredibly important to work with a forensic accountant who specializes in business valuations to present an accurate valuation to the court (or contest a valuation). Ms. Kompanian has several forensic accountants that she routinely works with. She selects the particular accountant based on the facts of the case.

This is a scenario in which one party in a marriage uses community funds (i.e., joint money) for something that is not to the benefit of the community (i.e., the couple or family). In these cases, the court has the discretion to order the offending party to pay back one half (and in some cases, 100 percent) of the funds used to the other party.

Paternity cases involve two parties who have never been married and have a child (or children) together. In these instances, the goal is to reach an arrangement for custody, visitation, and child support that is in the best interest of the child or children.

When two parents separate (whether previously married or not), they must come to a mutual decision regarding the custody and visitation of their child/children. If the parties are unable to come reach an agreement, then court involvement may become necessary. In these situations, we work to determine a custody and visitation schedule that is ultimately in the best interest of the child/children.

Some custody cases require a more in-depth evaluation to determine the best interest of the child/children. A custody evaluation involves the court doing a thorough review of each parent’s capacity to care for the child/children. In these cases, we guide our client through the evaluation process, helping him or her prepare for their interview, gathering necessary documentation, and providing legal guidance and support however possible.

A Domestic Partnership is a legal agreement between two adults that provides some of the same legal recognition, benefits, and rights as in a marriage. Similar to a legal marriage, in order to terminate a Domestic Partnership, one party must file a Petition for Dissolution.

Child support cases require a calculation to determine the amount of money required of one spouse to aid in the support of his or her child/children. Our practice has extensive experience navigating cases with the DissoMaster™ as well as the State Guideline Calculator given by DCSS to determine the appropriate amount of child support.

Most people prefer to stay out of court if possible, and parenting agreements provide a way for parents (divorced or unmarried) to decide on a mutually beneficial custody arrangement and visitation schedule without involving the court.

The goal of custody arrangements in California is for both parents to have “constant and frequent contact” with the child/children, provided it is safe for the child/children to do so. As such, parents in a custody arrangement must have the other parent’s consent before moving a child/children out of state. A parent can also file a request with the court for permission to move, or oppose another parent’s request to move, and we help guide our clients through each of these situations by gathering documentation, preparing the client for his or her interview and reviewing the required intake forms that are filled out by the client.

Post-judgment modifications can be made after paternity or dissolution cases. When one party wishes to amend a custody agreement or visitation schedule or modify child support or spousal support, he or she can file a motion to do so. The other party can also defend against such a motion, and our practice guides clients through both processes.

We help victims of domestic violence obtain restraining orders so they have legal protection against the party that is abusing them. These restraining orders can apply to adults or children. Our practice also helps defend against false domestic violence allegations.

A couple may wish to void their marriage for a variety of reasons, but the important thing is that they have a legally valid reason for the annulment. We guide clients through this process and help them outline a legally viable case for their annulment.

We provide legal consulting for individuals who do not wish to hire an attorney of record, but who still wish to leverage the expertise of an experienced professional during mediation. As a consultant, we provide legal guidance, review court filings and agreements, and attend mediation sessions with you if needed/requested.

Entering into litigation can be a financially and emotionally tolling process, whether a couple is dealing with a divorce, separation, or paternity case. Mediation allows two parties to navigate the same issues that would otherwise be handled in court (division of assets/debts, spousal support, child support, child custody/visitation, etc.) with a less litigious approach. Mediation also allows the two parties to remain in control of their case, rather than relying on the court to make a decision on their behalf. Ms. Kompanian serves as a neutral facilitator that helps craft individual settlement agreements outside of litigation.

In cases where a parent has terminated contact between their child/children and their child’s/children’s grandparent, that grandparent may file a motion with the court requesting visitation with his or her grandchild/grandchildren. Sometimes a parent has a compelling reason for not allowing the grandparent/grandparents to visit the child/children. In those cases, we assist the parent/parents in opposing a grandparent visitation request.

There are two types of attorney’s fees requests in Family Law; the first is based on disparity in income/access to funds and can apply to dissolutions or paternity cases. Because the goal in California is for each party to have equal representation in court, one party can request that the other (higher earning) party pay his or her attorney fees (or a portion of them), provided there is a disparity in income/access to funds. In these cases, our practice helps individuals establish the disparity of income/access to funds in order to request attorney fees.

An individual may also request attorney’s fees as sanctions if the opposing party is violating court orders, acting in bad faith, or otherwise making it difficult to reach a settlement, and we represent individuals in these cases as well.