Family Law FAQ
Answers from Our Folsom Family Lawyers
Navigating a complex family matter is stressful enough – when you add in the legal components, it can be extremely overwhelming. If you are feeling in over your head, rest assured that the Law Office of Tiffany L. Andrews, P.C. is here to help. Below, we have answered some common questions about family law, divorce, child welfare law, and estate planning. We hope you will find this information useful as you progress through your case.
If you still have questions after reading our FAQ, please don’t hesitate to contact us. Reach out online or at (916) 794-4576.
Divorce
What is the difference between a divorce and a dissolution?
There is no difference, as these words are used interchangeably and mean the same thing.
What does the word equalization mean in the context of a divorce or legal separation?
It means to ensure each spouse is taking a similar amount of community property and debt, i.e. if Wife is getting $5000 in community property items and Husband is taking $0, then Wife would owe Husband an “equalizing” payment of $2500 to ensure each spouse takes the same value of the community at the end of the divorce or separation. The same is true for debt.
Is the law the same in cases in family law as it relates to children in the child welfare law system?
No, absolutely not. Cases that are brought within the context of a parentage case, legal separation, and/or dissolution are governed by the California Family Code. Cases in the child welfare law system, i.e. juvenile dependency cases, are governed by the California Welfare and Institutions Code.
What can I do if my judgment did not address a piece of community property in my divorce?
The law in California permits a party or parties to return to court to dispose of any property that is considered to be omitted from the prior division of assets. The omitted asset would be equally divided, if it is deemed community property, UNLESS the parties agree to otherwise.
Isn’t having a team of collaborative professionals going to be more expensive than just hiring an attorney for my divorce?
Typically no, as cases that are left unresolved and require a judge to make a decision have to go to an evidentiary hearing. Having an evidentiary hearing can be very expensive for a client far beyond any team of professionals depending on how complex the issues in dispute are.
Child Welfare Law
Can I change a court order I got relating to my children from juvenile dependency proceedings, i.e. cases involving Child Protective Services?
It depends. Orders from a child welfare law case where dependency has been terminated with specific court orders in place are considered final custody orders. To modify these types of orders, the person seeking the modification will need to establish that there has been a significant change in circumstance since the prior orders were made and that the newly requested orders would be in the child’s best interest.
Estate Planning
What’s in an estate plan?
An estate plan normally consists of four main documents: A trust, a will, a Durable Power of Attorney for Financial Management (DPA), and an Advance Health Care Directive (AHCD). A will and trust plan are for after death, and the DPA and AHCD plan are for during life. Every person over the age of 18 should have most – if not all – of these documents in place to plan for the unexpected.
What is the difference between and will and a trust?
Both documents distribute property after a person’s death. However, a trust is considered a probate avoidance tool. A will by itself does not avoid probate.
Why should I get a trust?
The main purpose of a trust is to avoid probate. Probate is a very lengthy, very expensive court process where the courts will supervise the distribution of a person’s estate. This process can take anywhere from 9-18 months to complete, and costs thousands of dollars that are paid from the estate. In California, probate is triggered when a person has assets in their name that value over $150,000. This means that if you own your own home, this asset will likely trigger probate. Placing assets like your home, financial accounts, and other valuable personal property in a trust will prevent probate from occurring. This means your beneficiaries will receive their inheritances much faster, and it will not be diminished by the cost of probate
Meet The Team
We Understand the Importance of Trust in the Family Law Attorney-Client Relationship
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“Excellent Attorney!”
Tiffany and her office have been Great. I am going through a difficult divorce. So far she has been there for me when I have concerns. In court, she has brought her A+ game. She is very detailed. Tiffany has been able to get full standard on alimony, which is what I wanted. And lawyer fees. For the first time in a long time, I am hopeful of a positive outcome.- Previous Client -
“Review of Tiffany Andrews”
Very responsible and professional lawyer in my opinion. Represented me well and got me what I wanted. As well, provided me with good solid solutions for my situation and gave sound advice. Highly recommend to anyone else.- George -
“Got my life back, so awesome!”
This lady knows her stuff! She is quick and on top of the case at hand. When we were waiting for my very late (now) ex to show up for court, she was furiously working and we got the case settled, done, over! She also tells it like it is. I learned so much from her and her very courteous staff. If I was freaking out a bit, they never lost their cool. Thank you so much for everything!- Lyn -
“Very Professional and Devoted Attorney”
My case was very unique in the way I had a paralegal and 1 other attorney represent me prior to meeting Tiffany Andrews. In the entire 4 years, I have been dealing with divorce/custody I made more headway in a matter of months after hiring her to represent me. She was very caring and very professional. She made each court hearing a very calm controlled environment for me. She heard what I to say and made a world of difference in my life as well as my children.- Annette -
“Dedicated and Professional”
Ms.Andrews represented My husband and I for a very emotional child custody case in early 2010. She was professional, prepared and most importantly fought for our side to be heard by all parties involved.- Previous Client
We are thankful for all the hard work that she put into our case that lead to a positive ending for our case. We would recommend Ms. Andrews for any legal issues that you may have in family court. -
“Great Attorney!”
Thus far I am impressed with Tiffany L. Andrews. I found Tiffany on this very site while on a time crunch. Great reviews gave me hope. The start of my case occurred on a Wednesday night, Thursday night I was informed I needed legal counsel. I searched the web for hours until I came across Tiffany. The morning of Friday I called the office to schedule a phone consultation and informed them I needed a lawyer ASAP. Monday morning Tiffany showed up in court to represent me and I felt a sense of ease. I appreciate that Tiffany is very accessible. If I have a question she responds within a timely manner. She is very knowledgeable and goes the extra mile to protect your privacy and rights. I hope the rest of my child dependency case is smooth sailing from here on out. Thank You, Tiffany, for your help. Greatly appreciated!- Previous Client -
“I highly recommend Tiffany Andrews for your family law needs!”
Tiffany L Andrews has represented me with professionalism and care. She thoroughly explained the legal processes to me and assisted me through the intricacies of my divorce. She also assisted and allowed me to participate in all of the decisions that were made in my case. She interacted with opposing counsel with professionalism and courtesy while maintaining a firm stance as to the interests of my case. I am very impressed with her abilities and the manner in which she conducted herself while handling my case. Her staff is also very competent and accommodating to my personal needs. I am very satisfied with results thus far, and I am confident that I have made the right decision when I hired Tiffany L Andrews as my attorney.- David -
“Attorney With Compassion”
Working with Tiffani Andrews Law office was a godsend. After struggling for a bit to get legal assistance, I found Brenda. She showed a great deal of empathy to me as I was unfamiliar with the California legal process, and had the need to get legal assistance as soon as possible for a divorce and child custody case. Her guidance and handoff to Stephanie could not have been more helpful and beneficial. I would recommend this office for all the obvious reasons, but also for their efficiency and clear value for the client. Tiffani Andrews Law has my complete trust.- Mary
