Dissolution of Marriage
Divorce is one of the most traumatic events in a person's life. It is important during this life altering process to be informed of your rights and to have competent legal representation.
Elaine L. Heine is a divorce lawyer practicing California divorce law and will ensure that you are able to make the best of a bad situation in a cost effective manner. Although these proceedings are never pleasant, Elaine L. Heine’s goal is to work with you to achieve a resolution of all issues and to minimize your emotional and financial damage.
Elaine L. Heine strives to eliminate a client's fear and anxiety by explaining the effects of divorce, the client's rights and the options available to each client. Elaine L. Heine has the reputation of being sensitive to her client's feelings and needs and helping them to move through this most challenging period of their lives so that they may begin a new life. Elaine L. Heine encourages and assists clients in avoiding litigation and settling issues with the opposing party, if possible, to avoid excessive and unnecessary legal costs. However, if the situation calls for it Elaine L. Heine will vigorously defend your rights and protect your interests.
Consultation with an attorney prior to filing for divorce is imperative. Know your rights and options before you take any action. Early planning can determine how a case will proceed. Elaine L. Heine has extensive experience working in San Diego divorce, child custody, support, property division and other family law matters. She will assert your rights in an articulate, organized and aggressive manner consistent with California Family Law.
Elaine L. Heine is a divorce lawyer practicing California divorce law and will ensure that you are able to make the best of a bad situation in a cost effective manner. Although these proceedings are never pleasant, Elaine L. Heine’s goal is to work with you to achieve a resolution of all issues and to minimize your emotional and financial damage.
Elaine L. Heine strives to eliminate a client's fear and anxiety by explaining the effects of divorce, the client's rights and the options available to each client. Elaine L. Heine has the reputation of being sensitive to her client's feelings and needs and helping them to move through this most challenging period of their lives so that they may begin a new life. Elaine L. Heine encourages and assists clients in avoiding litigation and settling issues with the opposing party, if possible, to avoid excessive and unnecessary legal costs. However, if the situation calls for it Elaine L. Heine will vigorously defend your rights and protect your interests.
Consultation with an attorney prior to filing for divorce is imperative. Know your rights and options before you take any action. Early planning can determine how a case will proceed. Elaine L. Heine has extensive experience working in San Diego divorce, child custody, support, property division and other family law matters. She will assert your rights in an articulate, organized and aggressive manner consistent with California Family Law.
Child Custody
Child custody and visitation issues are one of the the most emotional and important issues in the divorce process. The decisions made as to how to parent the children in the initial stages of the divorce have a lasting impact on the parties for years to come. It is important to consult with Attorney Elaine Heine at the initial stages of the divorce process to determine what the best parenting plan is for the children and how to implement that plan.
The court will make legal and physical custody orders. A party with legal custody has the ability to make decisions relating to a child's health, safety, education and welfare. Most times both parents share legal custody. Physical custody orders relate to the day to day child sharing arrangements. When making an initial determination of custody and visitation, the court uses a "best interest of the children" standard while also trying to achieve the goal of frequent and continuing contact with both parents. To determine a child sharing arrangement, the parties are required to participate in mediation through court sponsored Family Court Services. If the parties are unable to reach an agreement in mediation, the mediator will make a recommendation to the court which the court will consider when issuing orders.
At the outset of your case, Elaine Heine will meet with you to discuss your children's needs and custody-related matters. She will empower you with the knowledge and information about the custody process and the laws involving custody and mediation which will help you achieve your goal in formulating the best child sharing schedule for you and the children given everybody's needs.
A child custody order previously made can be modified if a modification is in the best interest of the children and in some cases, if there has been a change in circumstances since the prior order. Some changes include, the age of the children, the children's current needs or one parent desiring to "move away" with the children. Elaine Heine will provide you with guidance to help navigate the complex world of custody and visitation when dealing with your most valuable asset, your children.
The court will make legal and physical custody orders. A party with legal custody has the ability to make decisions relating to a child's health, safety, education and welfare. Most times both parents share legal custody. Physical custody orders relate to the day to day child sharing arrangements. When making an initial determination of custody and visitation, the court uses a "best interest of the children" standard while also trying to achieve the goal of frequent and continuing contact with both parents. To determine a child sharing arrangement, the parties are required to participate in mediation through court sponsored Family Court Services. If the parties are unable to reach an agreement in mediation, the mediator will make a recommendation to the court which the court will consider when issuing orders.
At the outset of your case, Elaine Heine will meet with you to discuss your children's needs and custody-related matters. She will empower you with the knowledge and information about the custody process and the laws involving custody and mediation which will help you achieve your goal in formulating the best child sharing schedule for you and the children given everybody's needs.
A child custody order previously made can be modified if a modification is in the best interest of the children and in some cases, if there has been a change in circumstances since the prior order. Some changes include, the age of the children, the children's current needs or one parent desiring to "move away" with the children. Elaine Heine will provide you with guidance to help navigate the complex world of custody and visitation when dealing with your most valuable asset, your children.
Child Support
Both parents have a legal duty to provide financial support for their children. The amount of child support due from one parent to another is a guideline amount calculated by a state sanctioned computer program. The primary factors used to calculate child support are each parent's income, the percentage of time each parent has with the children, the supported party's ability to earn and deductions such as health insurance, mortgage interest and mandatory retirement contributions. As may be expected, each of these factors has nuances and challenges in determination which can be effectively argued by attorney Elaine Heine.
You and your spouse will usually be expected to share equally in medical and dental costs for your children that are not covered by insurance, as well as child care needed while the custodial parent is working. Child support is not tax deductible by the payor and the person receiving child support does not have to pay taxes on it. Child support may be modifiable if there is a change in circumstances, i.e. a change in income or timeshare.
While calculating support is an easy process, what can be complex is determining what a parent's true income is. This can be especially challenging when one parent is self-employed. Elaine Heine will work with you and financial experts to determine income when true income for support becomes a hotly disputed issue.
You and your spouse will usually be expected to share equally in medical and dental costs for your children that are not covered by insurance, as well as child care needed while the custodial parent is working. Child support is not tax deductible by the payor and the person receiving child support does not have to pay taxes on it. Child support may be modifiable if there is a change in circumstances, i.e. a change in income or timeshare.
While calculating support is an easy process, what can be complex is determining what a parent's true income is. This can be especially challenging when one parent is self-employed. Elaine Heine will work with you and financial experts to determine income when true income for support becomes a hotly disputed issue.
Spousal Support
The goal of spousal support is to reduce the economic divide and impact of divorcing spouses. Temporary spousal support awarded at the outset of the divorce process, is paid to the supported spouse between the time of separation and the time the divorce is final. Temporary support is also calculated by the computer program (similar to child support, see above) but is usually higher than "permanent" support. A party's obligation to pay support does not commence until there is a court order.
Permanent spousal support is the amount of support that is agreed upon or ordered at the end of the divorce process. The court must consider the Family Code Section 4320 factors when determining an amount of support to award. The court will consider each party's income, the length of the marriage, each party's age, health, each party's marketable skills, marital standard of living, educational backgrounds, history of domestic violence and other such factors listed in the Family Code Section.
It is the goal that the supported party become self supporting within a "reasonable period of time". This is generally defined as one half the length of the marriage. In marriages in excess of 10 years in duration, there is not a specific guideline to define a "reasonable period of time", rather it is left to the Judge's discretion after a consideration of the Family Code factors. Permanent spousal support awards can be modified or terminated upon a showing of a change in circumstances. Elaine Heine will negotiate or litigate the issue of spousal support to obtain the best award possible.
Permanent spousal support is the amount of support that is agreed upon or ordered at the end of the divorce process. The court must consider the Family Code Section 4320 factors when determining an amount of support to award. The court will consider each party's income, the length of the marriage, each party's age, health, each party's marketable skills, marital standard of living, educational backgrounds, history of domestic violence and other such factors listed in the Family Code Section.
It is the goal that the supported party become self supporting within a "reasonable period of time". This is generally defined as one half the length of the marriage. In marriages in excess of 10 years in duration, there is not a specific guideline to define a "reasonable period of time", rather it is left to the Judge's discretion after a consideration of the Family Code factors. Permanent spousal support awards can be modified or terminated upon a showing of a change in circumstances. Elaine Heine will negotiate or litigate the issue of spousal support to obtain the best award possible.
Property Division
community property must be equally divided, absent an agreement to the contrary. Therefore the character of the property must be ascertained at the outset. It is presumed that if an asset was acquired during the marriage it is community property. The burden of proving an asset is separate property is on the party claiming the separate property interest. Determining the characterization of property is not always a straight forward issue, especially if assets have been comingled. A value must also be placed on the property. Elaine Heine works closely with a variety of experts all adept at providing appraisals of property, valuations of businesses and other assets.
Often the issues of property division can be resolved at mediation, through settlement or later at trial. Elaine Heine can ensure an equitable property division and is a zealous advocate for clients, achieving excellent results.
Often the issues of property division can be resolved at mediation, through settlement or later at trial. Elaine Heine can ensure an equitable property division and is a zealous advocate for clients, achieving excellent results.
Elaine L. Heine offers affordable hourly rates and retainers, and payment plans are available. Contact her today to learn more.