Encinitas Family Law Lawyers

Finding the right family law attorney takes planning and a clear sense of what you need. Some people ask coworkers or neighbors if they can recommend someone, whereas others spend hours online, trying to distinguish one law firm from another.

At Griffith Young, we provide the full range of family law services to the Encinitas community. Our deep experience in family law allows us to provide efficient legal solutions to our clients’ problems.

Whether you are seeking to divorce or are a grandparent hoping to receive visitation, we can help. Our Certified Family Law Specialists understand all California laws that impact your rights, and we use this knowledge to benefit our clients. Contact us today to find out more in a private consultation with one of our Encinitas family law attorneys.

Family Law Issues Require a Sensitive Approach

Few legal disputes are as difficult to handle as family law cases. Emotions often run high, and many clients have fears of what might happen during the process. Furthermore, family law issues are notoriously hard to appeal. If you are unhappy with the trial court’s decision in your case, you might be stuck with the result.

Our Encinitas family law attorneys can handle any family law issue, including:

• Divorce
• Child custody disputes
• Child support
• Paternity actions
• Spousal support
• Division of community property
• Pre-nuptial and postnuptial agreements
• Grandparents’ visitation
• Enforcement of family law obligations
• Child Protective Custody cases

Our goal as family law attorneys is to realize our clients’ objective. Some clients hope to divorce amicably and split physical custody of the children without any stress or disagreement. But that doesn’t work for all clients. Instead, you might face domestic violence or intend to leave the state once your divorce goes through, so you can expect a custody fight.

We can help you think through your options and settle on one that provides the best resolution. Call us to find out more.

Our Comprehensive Family Law Service

The lawyers at Griffith Young have developed a broad-based family law practice which allows us to help clients with any family law issue. Here is a sample of the services we provide.

Uncontested and Contested Divorce

No two divorces are the same. Divorce is as unique as the marriage our clients are trying to dissolve. Nonetheless, we can generally divide divorce into two categories: uncontested and contested.

With an uncontested divorce, you and your spouse agree on all issues involving children, spousal support, and community property. We can draft a settlement agreement and submit it to the court for approval. Once incorporated into a court judgment, the agreement is binding on both parties, and you can seek enforcement if your ex tries to shirk their responsibilities.

Uncontested divorce has many advantages. It is typically quicker and less expensive. You can also build trust with your future ex and set yourself up for successful co-parenting because you drafted a parenting plan together.

On the other end of the spectrum is a contested divorce. Couples cannot agree on anything, so a judge must decide these issues. Contested divorces are usually much more expensive because they require intense discovery and attorney preparation. Some couples can agree on a few issues but not all, which is still helpful. Even partial agreement can speed the case along.

Contact Griffith Young if you are considering divorce. We have ample experience helping couples mediate and negotiate through their differences. However, we aren’t afraid to use our litigation skills where agreement is impossible.

Child Custody & Support

Child custody in Encinitas is a contested issue with extremely high stakes. When parents cannot agree on custody, a court determines the issue, either as part of a divorce or a paternity action.

In California, custody is made up of legal custody and physical custody. Parents can have joint custody or, in rarer cases, one parent is given sole custody. A judge will decide custody based on the child’s best interests.

Parents benefit from hiring an experienced lawyer early. Our firm can:

• Negotiate a custody arrangement with the other parent and their legal team;
• Advise you on whether to compromise during negotiation or mediation;
• Gather evidence in support of a custody hearing;
• Think through different timeshare arrangements, including how to split a child’s time between parents;
• Draft a detailed parenting plan;
• Advocate for custody in front of a judge.

Parents also need to financially support their children. California’s guidelines have eliminated a lot of guesswork, but the guideline amount isn’t set in stone. Instead, it is “presumptively correct.” A judge can depart for various reasons, which we can discuss in a consultation.

Alimony (Spousal Support)

Alimony in California is complicated and based on many factors, including each spouse’s financial condition and the duration of the marriage. A judge can order alimony to maintain the status quo during a divorce or to help a spouse get back on their feet once the marriage is dissolved.

Calculating the amount and duration is complex. If your marriage lasted fewer than 10 years, then you should not expect to receive permanent alimony. Instead, the general rule is that alimony will last no longer than 50% of the duration of the marriage. Alimony works differently with marriages of long duration (more than 10 years). Alimony could be permanent, with a judge retaining the power to modify or terminate it in the future.

Get legal help. Alimony can provide a critical pillar of support for a spouse with little work experience or education who could suffer a dizzying drop in income. At the same time, the higher-earning spouse should protect their interest in not subsidizing their former spouse forever.

Domestic Violence Cases

Griffith Young can help anyone suffering from domestic violence as part of a divorce or as a free-standing legal action. California makes it relatively easy for victims to seek immediate protection from an abuser by obtaining a temporary or emergency restraining order. This order should prohibit an abuser from contacting you and contain other restrictions they must follow.

We can also seek an emergency child custody order to protect your children. Call our office to speak confidentially with a trusted domestic violence lawyer.

Before a court can enter a permanent restraining order, however, the defendant has a right to a hearing to present their version of events. Our firm can represent you and argue to a judge why a permanent restraining order is necessary.

Prenuptial Agreements

Dividing marital assets is confusing. There are many questions, such as whether an asset is community property which must be divided or one spouse’s separate property, which they usually take with them as they exit the marriage.

A prenuptial agreement between spouses can simplify the division of property. Our clients can use these agreements to decide how to divide property and whether a spouse will waive the right to alimony.

Call Griffith Young to ensure you create an agreement the correct way. Hastily drawn prenups are vulnerable to legal challenge and might not be enforceable.

Grandparents’ Visitation in Encinitas

Grandparents would do anything for their grandchildren. However, staying in touch might be hard if the parents want to cut you out of their life. Generally, parents can decide who their children see and don’t see, and a judge will not second guess their choice. But you might file a legal action for grandparent visitation in narrow situations, such as if the parents are divorced. Call us to speak with a lawyer.

FAQs about Encinitas Family Law

Do I really need a lawyer?

Yes. Even if you hope to negotiate a resolution to a family law dispute, a lawyer is an excellent benefit. For one, we can help you think through your options. You might think a prenuptial agreement looks generous (when it isn’t), or your spouse’s offer of temporary alimony is the best you can do (when you might do better). Also, hiring a lawyer does not commit you to “fighting.” We have helped clients participate meaningfully in mediation or even hammered out agreements over the phone with the other side.

Money is tight—will my divorce be expensive?

It doesn’t have to be. Call our office to discuss how we charge for our services and whether a flat-fee arrangement is possible. Thanks to our experience, we know how to resolve divorce disputes efficiently, but everything depends on the case. Some cases drag on for years.

Do you only handle divorce?

We have helped clients with all sorts of family law issues, such as paternity actions, child custody enforcement, and even cases involving Child Protective Services. We encourage you to call if you have questions.

Work With Our Encinitas Family Law Attorneys

Anyone looking for a family law attorney should cast a wide net and meet with a variety of lawyers. But give more attention to law firms like Griffith Young which have maintained a focus on family law and related issues for decades. We bring a depth of knowledge in California family law that benefits our clients by keeping the bill low and effectively resolving disputes.

Do you have questions? Call to schedule a consultation with a member of our team.