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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“Professional and Highly Commendable Family Lawyer!”
Ms. Andrews is a highly trained, professional, experienced, ethical, and commendable attorney. She has gone above and beyond in her education and specific focus of family law and it is clear in our interactions that she follows her business motto of "If you care, we care!" Ms. Andrews' staff are courteous and helpful as well. My case is complicated with child custody, small business ownership, and other factors. Ms. Andrews' has been communicative, clear, and concise in my options and implications of my choices. She gives me sound, logical legal advice that is the best for my situation. She truly has her clients' best interests in mind and she is confident in court as well as in negotiation with the opposing counsel. Ms. Andrews' follows through with what she says she will do and also will make sure future plans and what needs to be done are clearly laid out to the opposing counsel. I could not be more pleased with my attorney and highly recommend her without hesitation.- Tracy -
“Child & family advocate”
Tiffany is an amazing lawyer. She shines in the courtroom. I recommend hiring her for child & family law and cps dependency court cases. She is well respected in her profession and has solid knowledge of the law.- Ann -
“Kind and Professional”
Tiffany Andrews is very kind, understanding and extremely professional. I was certainly grateful to have her by my side through the entire court process (child custody). Not only is she remarkably knowledgable, she goes above and beyond for you; which is why I always go to her regarding any questions I may have. I would highly recommend Tiffany!- Satbir -
“Divorce & Separation Advice Session”
I needed help with a legal document. Tiffany Andrews answered my questions, gave me advice about possible changes to protect myself and also provided possible consequences of putting in or leaving out certain items. What really impressed me is if I interrupted her at any time, she stopped talking to listen. She was really listening and making sure she understood what I was asking. I am super impressed with this service and her.- Previous Client -
“My experience with the law office of Tiffany Andrews made me believe that I chose the right law office to represent me.”
- Cynthia B.My experience with the law office of Tiffany Andrews made me believe that I chose the right law office to represent me. Tiffany and staff were very professional and yet they made me feel that my best interest is their primary goal. Thank you once again Tiffany and firm!
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“Great Law Firm.”
Great Law Firm. They were professional and very caring to my situation. Would highly recommend this Law Firm.- Gabriel -
“Peace of Mind”
Tiffany is perfect! She made herself available to me right away! She is a great listener!! I would recommend her to anyone going through custody battles and divorce.- LaCrisha -
“Tiffany Gave Me a Voice!”
I hired Tiffany to help me in a custody dispute with my ex regarding my young son. During the entirety of my previous relationship and even after separation my ex had intimidated me and dominated any decision made regarding my son. He bullied me and used his financial advantage to make me feel that I didn't stand a chance against him when he filed to take majority custody of our son. I went into the custody dispute feeling weak but as a mother, I would go to any length, at any cost to fight for my son. Tiffany and her staff gave me so much confidence and ensured me that they would be my voice and help me fight for my rights as a mother and that is exactly what she did. Tiffany was extremely thorough, knowledgeable, compassionate, and honest. She did her job and she did it well. Tiffany was very aggressive while staying very professional in front of the judge. I walked out of the courtroom feeling empowered and protected. My family cannot ever thank her and her staff enough. I would recommend her to anyone that finds themselves in a family dispute. She will give you the justice you and your family deserve.- Cheyenne
