Domestic disharmony is unpleasant enough in the abstract, but the relative impact upon children and finances can be utterly devastating. When it is time to move on, an amicable and equitable resolution, saving time, money, and heartache, is by far the best way to ensure that things change for the better, and not for the worse. Should the unfortunate reality of the situation be that such a conclusion is not an option, you need to be prepared for all eventualities, including a trial. If you are considering dissolution of your marriage, or if your spouse has already considered this for you, we will help you take the next, best step.
While this may or may not be a first for you, at Antonyan Miranda, we do divorce every day. It is natural to feel stress, frustration, confusion, and loneliness at this time in your life. This is why you need an empathetic but strong attorney by your side that can help you navigate through the family law process. The attorneys at Antonyan Miranda are experienced, knowledgeable, compassionate, and aggressive. There may be deadlines coming due in your case, or you may simply want guidance on how to handle an impending divorce. Whatever your particular situation may be, do not leave your future to chance.
Our experienced Certified Family Law Specialists and litigators have handled many high-net-worth divorce cases, which have been resolved either through settlement or trial. Client privacy and confidentiality are paramount to our trade and in particular to our firm. Antonyan Miranda architects effective strategies concerning large marital estates, including the characterization and valuation of assets. Antonyan Miranda works with a broad range of experts in accounting, asset valuation, business appraisers, vocational evaluators, and other key experts to maximize your recovery or retention.
In litigation, it is not uncommon for one side, or even both sides, to believe that the outcome of a hearing or trial was unjust and legally unfounded. The litigation of family law matters is no different, particularly given the lack of a jury, truncated and expedited litigation calendars, and broad judicial discretion to interpret and enforce the relevant laws. At Antonyan Miranda, we deal with family law litigation on a daily basis, most commonly involving large marital estates, complex legal issues, and pernicious domestic violence and child custody matters. As such, Antonyan Miranda maintains a full-scale family law appellate division, providing writ and appellate services in all areas of family law. If you find yourself on the wrong side of a family law ruling or judgment, you should contact Antonyan Miranda for a practical and legal analysis of your case, including your remedial options.
Let one of the divorce and family law attorneys at Antonyan Miranda help you maximize your spousal support recovery, or minimize your spousal support obligation. Both men and women qualify for spousal support in California, as it is a financial issue, not a gender one. The high-earner spouse needs effective counsel as to what their true spousal support exposure is, and what it should be. The low or non-earner spouse needs effective counsel as to what the true income is of their spouse, so that they can be sufficiently supported while putting the pieces of their life back together. Keep in mind that there is no specific time duration that one must be married to receive spousal support in California, and spousal support can even be awarded in a short-duration marriage. The Antonyan Miranda Divorce Calculator can help provide you with an idea of what support numbers might be.
The California Family Code obligates both parents to support their children until emancipation, and there are exceptions to this rule which may impact you. Also, just as with spousal support, it is imperative that you know and understand what is income for the purpose of computing child support, and how the child support guideline can work for you, or against you. If you have child support questions, the Antonyan Miranda Divorce Calculator can help provide you with some valuable insight. As with any decision involving finances, you should contact a professional to provide you with specific advice that is tailored to your particular facts and circumstances.
Whether it is a divorce or a parentage action, custody and visitation of children is the most delicate part of family law. Even the initial act of telling a child that their parents will no longer be living together can be incredibly complex, albeit necessary. From that point forward, many parents struggle with custody and visitation plans, and sometimes can never come to any enduring agreement. At Antonyan Miranda we handle amicable custody matters and high-conflict custody matters, including those that have been influenced by Child Protective Services (CPS). This is simply not a component of your life that you want to leave to chance.
Relocation orders are a highly-stressful and complex subset of child custody and visitation, as invariably one parent is going to lose a great deal of contact with their child. Understanding the legal rights, presumptions, and evidentiary burdens placed on the relocating and non-relocating parent is critical. Whether you are requesting or defending a move-away, you need expert advice and legal representation, as the outcome will likely be a life-changer. Many move-away cases result in a trial or an evidentiary hearing, and therefore it is imperative that you have an expert family law litigation team on your side, such as Antonyan Miranda.
Military divorce and family law issues require an understanding of both the civilian and military worlds, and how those two interplay, particularly as it relates to deployments, SCRA, taxable and non-taxable income, and military retirement and benefits. This is equally true for both active duty and retired military personnel, as well as their spouses and dependents. Having our home “base” in San Diego puts Antonyan Miranda squarely into one of the largest military communities in the world. We are adept and experienced at helping servicemembers of all branches and all ranks navigate their way through the family law maze, and we do so with pride.
Property division is one of the most litigated and complex areas of family law, as everything from retirement, stock options, business interests, and real estate is involved. More acutely, most married couples simply live their lives and do not execute contracts to memorialize or characterize their purchases, financial decisions, and promises. At Antonyan Miranda, we analyze what the marital estate has compiled and which spouse should receive what interest. There are many ways of achieving this, none of which are suitable for discussion by way of quick synopsis. You should try the Antonyan Miranda Moore-Marsden Analysis to get some basic insight as to the possible community and separate property interests in your marital residence. You should then contact Antonyan Miranda for a much more comprehensive analysis.
Like property division, this is one of the most litigated and complex areas of family law, as typically only one spouse has had management and control of the business and finances. Also, it is not uncommon for the spouses to enter into a marriage with separate businesses, or for spouses to start their own business during marriage. Also, what really is a “business” in twenty-first century commerce, and how is something “virtual” or part of the “sharing economy” even valued? Antonyan Miranda has an expert staff to help you get the answers to these questions, and we work with outside experts as needed to ensure that no stone remains unturned. Big businesses and smaller businesses alike must be properly valued and characterized, just as any other marital asset or liability.
Family law can oftentimes be the gift that keeps on giving. Many family law “final” judgments are subject to modification, and jurisdiction of the court is frequently reserved on many family law judgments, pending future events. Child custody and child support, for example, are always subject to modification during minority. Spousal support in a long-duration marriage may have no termination date, but circumstances may have changed. An order from the court to do or not do something may be overlooked or simply ignored. Whatever the case may be, if you have a post-judgment or enforcement issue, you should contact Antonyan Miranda to discuss the specific facts of your case, as well as your options going forward.
Antonyan Miranda drafts, reviews, and litigates the validity of prenuptial and postnuptial agreements on a frequent basis. While it is becoming more common for spouses to define their own spousal support and property rights by way of contract, it is critical that this is done correctly, with understanding of the challenges and pitfalls that may arise if and when the marriage goes sour. Attorney review and participation in this process may ultimately be the determining factor as to whether a prenuptial or postnuptial agreement is deemed valid or not. If you are drafting a prenuptial or postnuptial agreement, you want the best. If you are considering signing one of these agreements, you need the best.
Domestic violence is an unfortunate reality in many marriages and dating relationships, and it is not uncommon to have a domestic violence incident that involves both the criminal and family courts. If a divorce or custody matter is involved, the effects of a domestic violence finding or conviction can be devastating. Antonyan Miranda has a team of experts to assist you with both the family and criminal aspects of domestic violence, regardless of what side of the incident you are on.
Restraining orders are different depending on the relationship of the parties involved, and depending on which branch of the court issues them. In criminal court, a Criminal Protective Order (CPO) may be issued at the arraignment based solely upon the allegations before the court, and this type of restraining order trumps any civil restraining order. A Domestic Violence Restraining Order (DVRO) may issue on a temporary basis for 21-25 days, pending a hearing on permanency. The burden of proof is very low, and the court may make many peripheral orders, such as custody and support. A Civil Harassment Restraining Order (CHRO) may issue on a temporary basis for 21-25 days, pending a hearing on permanency, and requires a higher burden of proof. A DVRO requires a dating, marriage, or familial relationship, whereas a CHRO does not. Antonyan Miranda has successfully represented countless clients in all three types of restraining order matters, and has achieved some outstanding results. While many attorneys shy away from this area of the law, Antonyan Miranda prides itself on aggressively representing clients that are involved in these unfortunate situations.
Most divorces end by way of settlement, which invokes the need for a marital settlement agreement (MSA) or stipulated judgment. Depending on the complexity of the case, these may be fairly short and rudimentary documents, or they may be very lengthy and sophisticated documents. Regardless, they will include legalese and will provide a framework for what the future will hold. Antonyan Miranda’s expert staff drafts and reviews MSA’s and judgments on a frequent basis.
Most divorce and family law cases involve requests for attorney fees, which are generally considered on a need and ability basis, and not on a prevailing party basis. Likewise, monetary and other sanctions can and should be requested to deter conduct that unnecessarily frustrates settlement and or needlessly increases litigation expense. It is not uncommon to have requests for both made simultaneously, and sometimes the amounts that are requested and awarded can be significant. Either way, access to justice, the ability to adequately fund a family law matter, and the thwarting of gamesmanship and delay tactics should be primary considerations for any party to a family law action. Antonyan Miranda can assist you with attorney fees and sanctions issues, whether you are seeking them or facing them.
Many of the child custody cases handled by Antonyan Miranda involve intervention by Child Protective Services (CPS) and or the juvenile dependency court. Many attorneys in family law avoid these cases because they consider them to be too repugnant or too complex. Antonyan Miranda always takes on the toughest cases, and representation in CPS matters is no exception. Whether you are currently being investigated, or whether a CPS finding has landed you on the Child Abuse Central Index (CACI), you should contact Antonyan Miranda as soon as possible.
The Department of Child Support Services (DCSS) can be a cost-effective and otherwise effective way of establishing parentage, and securing and enforcing support orders. Regardless of the public nature of the services, this is still a legal proceeding which can have significant impact upon the parties, particularly the one that must pay support. Antonyan Miranda has successfully represented countless clients in DCSS, including those with substantial arrearages, and those facing international child support issues.
Contempt is a criminal proceeding to prosecute and punish the violation of a court order. Likewise, a party may request a civil contempt proceeding, which is more compulsory in nature. Antonyan Miranda has successfully prosecuted and defended contempt cases involving family law matters, including several lengthy trials. Many family law attorneys avoid contempt actions because they do not understand the technical intricacies, including the higher burden of proof and Constitutional rights of the contemnor. Contempt can be beneficial or detrimental to a family law case, depending on the specific facts, but should never be the result of a hasty decision.
Grandparent joinder and visitation rights are a complex area of family law, which may involve Constitutional rights issues. As such, there are few family law attorneys that understand this practice, or that have ever handled a grandparent visitation action. The status of the parent-parent relationship and parent-child relationship is critical, and the variables in these relationships may dictate different burdens of proof. If you are seeking grandparent or non-parent visitation of a child, or if you are facing such a request, contact Antonyan Miranda for assistance. We have successfully represented clients in these situations, and understand the laws and nuances that are involved.
Same-sex marriage is now legal throughout the United States, and thus same-sex divorce issues may also be litigated throughout the United States. Registered Domestic Partnerships are legal in California, and provide virtually all of the (California) rights that are enjoyed by a married couple. Antonyan Miranda has represented same-sex couples and RDP’s throughout the ever-changing legal landscape of the past decade, and are prepared to assist you today with any formation or dissolution needs.
Guardianships of children can involve the juvenile or probate courts, and are subject to different burdens of proof. The status of the parent-child relationship is of paramount consideration, as well as the timing and cost of the process. If you are involved in a guardianship matter, please contact Antonyan Miranda to discuss the particulars of your situation, so that a comprehensive case analysis may be provided.
Establishing the parentage of a child can be a complex area of family law, given the significant array of presumptions and Constitutional rights invoked. Genetic testing, artificial insemination, presumed parents, Voluntary Declarations of Paternity and the like are issues that must be thoroughly understood, as well as the statutes of limitations that may abrogate any legal action. Interstate or international jurisdictional issues can add even greater complexity into the mix. Antonyan Miranda has represented all angles of parentage actions and understands what your rights and limitations may be.
Collaborate law is an emerging trend towards avoiding litigation of marital dissolution matters, in favor of a less adversarial approach. The participants must agree to refrain from litigation, and must likewise provide voluntary financial disclosures and information. The parties to a collaborative divorce process are represented by attorneys that are trained in collaborative law, such as Antonyan Miranda, who work together with divorce coaches and financial and child specialists. Mediation is a more common approach to alternative dispute resolution, which is a process that is administered by a neutral, skilled mediator, who assists the parties in negotiating their issues and helps them reach a mutually-agreeable resolution. Mediation is a voluntary, confidential, non-binding process, that allows the parties to work together to create solutions that make the most sense for their family, and without court intervention.
Stepparent adoption is another subset of family law that most family law attorneys have never done, or do not understand. The court must consider many factors in such a case, including the relationship between the child and biological parents. If you are in need of representation in a stepparent adoption matter, contact Antonyan Miranda to discuss your particular case. We have successfully represented clients on both sides of this issue.
Jurisdictional issues involving child custody can be complex, and are best left to experts in the field, such as Antonyan Miranda. Antonyan Miranda has several Certified Family Law Specialists that are well-versed in interstate and international custody matters, as well as Indian Child affairs.