Pasadena, California Family Law Attorneys

John H. Spurgeon & Associates, Inc.

1250 E. Walnut Street
Suite 210
Pasadena, California 91106
USA

(626) 440-9518

http://www.jhspurgeon.com/

Law Firm Overview Free Consultation

At John H. Spurgeon & Associates, Inc., we provide effective representation in the field of Family Law. As a local family law firm, we are able to limit the focus to a select number of cases, always providing the personalized attention clients deserve. We understand the difficulties inherent in making life changing decisions and work with our clients to assist them in determining their objectives and provide them with the legal knowledge they need to make the right choices.

Attorney John Spurgeon takes an aggressive approach to leveling the playing field on behalf of his clients. Clients can rely on his integrity while trusting he will help them resolve the legal conflicts related to divorce. Divorce and domestic issues often involve financial complexities, and clients benefit from the firm’s competence in family law.

Conveniently located in Pasadena, California, the Law Offices of John H. Spurgeon & Associates, Inc. serve clients throughout the San Gabriel Valley and Greater Los Angeles area. We believe in keeping clients informed and helping them understand legal issues, so they can make the right choices.

Practice Areas

John H. Spurgeon & Associates, Inc. provides legal representation and services in the following area of law:

Family Law

- Prenuptial Agreements

A prenuptial agreement establishes guidelines for resolving different financial circumstances prior to marriage, such as accumulated assets, debts and property that each spouse brings to the marriage. It may also address how affairs from a previous marriage will be managed. In the event that either party predeceases the other or decides to dissolve the marriage, decisions reached in the prenuptial agreement help to avoid conflict or legal ramifications further down the road.

Prenuptial agreements are recognized in all 50 U.S. states and have priority over laws governing probate, divorce and marital property. Full disclosure is required, and other legal requisites must be met for a prenuptial agreement to be upheld in California courts.

- Divorce / Dissolution of Marriage

Divorce in California is based on no-fault divorce law, meaning there is no assignment of cause for the breakdown of marriage. Grounds for divorce in California are determined as a result of irreconcilable differences or incurable insanity.

Our firm will do our best to dispel any misconceptions, explain each step of the divorce process and answer questions to your satisfaction. We do everything possible to help you understand legal factors and options to arrive at informed decisions. Matters are held confidential and our lawyers are committed to helping you achieve a favorable outcome in a timely manner. If practical, we strive to negotiate a settlement, which saves time and expense. However, if necessary to protect your interests, we may need to take your case to trial. It is our goal to work with clients to avoid long protracted divorces whenever we can, while defending your rights.

- Child Custody

A number of options are available for the determination of child custody rights and responsibilities. Often a couple can arrive at a custody agreement without having to go through the courts and obtaining a court order. Types of custody include:

* Physical Custody – rights of residence; the child lives with the parent who is responsible for daily care of the child.
* Legal Custody – rights over upbringing of the child, such as decisions regarding health care, education, social and religious teachings.
* Exclusive Custody – one parent retains exclusive rights over physical and legal custody and the other parent has limited visitation rights.
* Sole custody – with sole physical custody, one parent exclusively retains physical custody rights, meaning the child lives with that parent and the other parent has visitation rights. Sole legal custody would involve exclusive rights to make decisions about the child’s upbringing, such as health care, education and religion.
* Joint Custody – both parents share custodial rights for either physical custody, legal custody or both.
* Divided or Split Custody – parents take full custody of different children.
* Non-parent Custody – custody rights are assumed by a non-parent, and parents are given visitation rights.

When both parents can share equally in custody through a joint custody arrangement, this is often ideal for the children, who are able to maintain close relationships with both parents. Child custody will be decided according to the best interests of the children.

- Visitation

Unless visitation is determined to be detrimental to the child’s best interests, California courts grant non-custodial parents reasonable rights to visitation. Frequent and continuing contact with parents is usually considered to benefit the children, and visitation schedules are based on proximity to the custodial parent, the child’s practical needs, age, maturity,
and preference as well as other factors.

- Parenting Plans

Parenting plans may be general or specific and are tailored for individual family situations. The factors considered in parenting plans often address the following regarding physical custody:

1. Daily care
2. Daily activities
3. Overnights
4. Week and weekend schedules
5. Holidays
6. Vacations
7. Oversight of sports or music activities
8. Supervision of homework
9. Decisions regarding which parent is in charge
10. Transportation arrangements from one parent to the other
11. Responsibility for transportation costs

Parenting plans may address choices for the following legal custody issues:

1. Schools
2. Daycare
3. Religious teaching
4. Medical care
5. Dental Care
6. Emergency care
7. For teenagers – jobs and driving

Important exchanges of information may be covered by parenting plans, such as:

1. Parent’s addresses and phone numbers
2. Child/children’s school records
3. Child/children’s medical records
4. Other information about the child/children
5. Parent’s ability to call the child/children

- Child Support

Parents are responsible for supporting a child until the child reaches 18 or becomes self-supportive. Parents may also be obligated to support the child beyond the age of 18 when the child is a full-time student. In most circumstances, when one parent has primary physical custody of the child, the other parent provides child support.

Calculations for child support are based on the California statewide uniform child support guideline, which takes into consideration factors such as income, economic circumstances, standards of living, child rearing costs, the child’s best interests and mutual support by both parents. While the State of California sets guidelines in calculating child support, because calculations involve numerous factors, seeking legal assistance often helps parents to understand their rights and to arrive at equitable settlements for support.

- Spousal Support (Alimony)

Spousal support arrangements may be made between divorcing couples or ordered by the court when one spouse is less well off economically and needs financial assistance from the other spouse. Often during marriage, one spouse has made sacrifices in his or her career to manage the home or support the other spouse in advancing a career. In order to compensate for this sacrifice and to allow time for the spouse to become self-supportive, spousal support is arranged. Temporary spousal support may be agreed upon outside of court or through the court during separation while waiting for divorce to be finalized. A more lasting spousal support agreement may be part of a divorce settlement or a court judgment as a result of divorce proceedings. The spouse requiring spousal support may need to go back to school to obtain further training to re-enter the job market or simply be allowed time to search for and acquire a job. You should discuss with your lawyer your objectives and considerations for equitable spousal support.

- Modification of Orders

While a final judgment is reached once a divorce has been finalized, circumstances often change, requiring modification of orders. Parents and children move; additional expenses for health care arise; a child or spouse becomes self-supportive; parents remarry or change careers. Consequently, orders regarding visitation, child support or spousal support may need to be modified to alter visitation schedules or to increase or decrease support amounts. Your divorce lawyer can assist you in determining and negotiating modification agreements and obtaining modification of orders through the court.

-Enforcement of Orders

When judgments regarding child custody, child support, visitation or spousal support are not followed, enforcement of orders may become necessary. Various courses of action are available depending on the situation, and obtaining legal advice can help you decide on the most effective approach. Some situations may resolve easily through a mere mention of having spoken with your lawyer. Others may require garnishing wages, attaching property or filing contempt applications and obtaining warrants.

- Mediation

Mediation can be used as a less costly and timelier alternative to litigation. In mediation, an impartial third party, called a mediator, hears both sides of an issue in conflict, such as issues involving divorce, child custody, child support or spousal support and helps both sides to arrive at an agreement. Without being subjected to adversarial court proceedings, both parties are able to discuss sensitive and emotional issues and find a resolution. When interacting for the benefit of children, mediation spares the children from having to experience parents going through a court case. Your attorney would be available to advise you of your legal rights and answer questions that may arise as part of mediation.

- Domestic Violence Restraining Orders

In California, domestic violence refers to abuse between intimate partners, such as spouses, ex-spouses, as well as individuals who are engaged, dating or cohabiting. The violence may take the form of physical, emotional, psychological, verbal or sexual abuse, and may occur inside or outside of the home. Our lawyers at John H. Spurgeon & Associates, Inc. can help you to understand your rights and assist you in determining the proper legal action. Obtaining a restraining order or protective injunction may be the best recourse to offering protection. A restraining order is a court order that prohibits or restricts a person from being in close proximity and is usually pending a formal hearing that will address the issue, hearing both sides. Women and children may also need to enter programs for private, safe emergency housing where the violent partner can not locate them. As your lawyers, we will discuss your options and help you to determine the best solutions to domestic violence.

- Ex-Parte Hearings

Ex-parte hearings are emergency hearings for family law issues to request urgent action, such as restraining orders, immediate modification of custody or visitation due to threat of danger, risk that the child/children may be taken out of state without authorization or possible detriment to the child/children along with other urgent concerns, usually involving situations where a person’s well being is at risk. Depending on which court has jurisdiction in California, either a 24 hour or a 4 hour verbal notice will be given before issuing Orders, unless giving notice puts a party in grave danger.

Additional Practice Areas: Ex-Parte Hearings, Enforcement of Orders, Modification of Orders, Parenting Plans