California Family Law and Divorce ttorneys
Richard Ross Associates
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1000 Town Center Dr. Suite 300 Oxnard, California 93036 USA |
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(805) 777-1011
(805) 512-9444
www.richardrossassociates.com
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Law Firm Overview
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Richard Ross Associates is an Oxnard law firm serving all of Ventura County in the areas of divorce and family law. Our lawyers take a team approach to the practice of law, drawing on the particular skills and backgrounds of each of our attorneys to provide clients with the best possible legal representation. Our slogan is "Family Law With A Heart." We understand that many of our clients are facing extremely emotional and trying times, and strive to be sensitive to these issues while providing the most effective legal services possible. Whether the case calls for negotiation and compromise or an aggressive approach in the courtroom, we are on your side every step of the way, lending our expertise to your unique, individual needs.
Practice Areas
Additional Practice Areas: Guardianships; Domestic Partnerships; Cohabitation Agreements; Family Residence; Modifications; Move-Aways; QDROs; Property Division; Civil Harassment; Stalking; Temporary Restraining Order
Practice Areas Description
Our practice includes:- Adoptions
The situation is similar if a domestic partner, grandparent, or other relative wishes to adopt. If the birth parent is still living, an adoption by another will cause the termination of parental rights in the birth parent and transfer those rights (and legal responsibilities, such as financial support) to the adopted parent. Adoptions by persons other than the stepparent or domestic parent may be accomplished by independent adoption, by agency adoption through a licensed adoption agency or the California Department of Social Services, or by international adoption.
- Guardianships
A guardianship allows a person other than the child's parents to make legal decisions on behalf of the child. A guardian can be appointed when the child's parents are incapable of caring for the child due to death, incapacity, or other reasons. Like adoption, a guardianship results in a termination of the parental rights of the birth parent. If you are a party to an adoption or guardianship proceeding, having quality legal representation is essential to making sure your legal rights are protected and that your interests are fairly represented.
- Child Support
Both parents have a legal obligation to support their children financially. Since most custody orders result in one parent having primary custody with respect to the other parent, the court will generally order some amount of monthly support to be paid to the custodial parent by the non-custodial parent. The amount of a child support award is calculated in accordance with a number of factors outlined in the child support guideline enacted under state law.
- Child Custody
Richard Ross Associates has spent more than 30 years practicing law in the counties of Los Angeles, Ventura and surrounding areas. With a Certified Family Law Specialist on the team, they are equipped to handle all Family Law matters including those involving child custody. Except as they affect the best interests of the child, the parents’ interests cannot be considered by the court. The best interests of the child must be elevated above those of the parents. A parent’s intentional frustration of the other parent’s visitation rights should be considered in an application for a change of custody.
- Collaborative Law
A newer type of alternative dispute resolution, collaborative law may also be known as collaborative family law, collaborative mediation, or out of court divorce. The process is similar to a mediation, with some important differences. The collaborative model begins with all parties making a serious commitment to the success of the process. Our firm is well-versed in all aspects of conflict resolution in divorce and other family law matters, from courtroom litigation to alternatives such as mediation and collaborative law.
- Divorce
California provides a no-fault divorce option, allowing parties to seek a dissolution of marriage on the grounds of irreconcilable differences. This approach makes getting a divorce easier since one spouse does not have to prove some sort of misconduct on the part of the other in order to establish grounds for divorce. The parties still must prove, however, that the marriage relationship has broken down and cannot be repaired. By law, the time for a divorce from filing the petition to issuing the decree cannot be less than six months. In reality, the process can take longer depending upon the number and complexity of issues in dispute related to matters such as custody, support, and the property settlement.
- Domestic Partnerships Cohabitation Agreements
While the battle over same-sex marriage rages back and forth from the courts to the ballot box, California's domestic partnership law remains alive and well. This law allows same-sex couples or opposite-sex couples where at least one partner is over 62 years old to register as domestic partners. Although not legally married, registration with the state entitles these couples to receive many of the rights and benefits afforded to married couples. The attorneys at the Oxnard law firm of Richard Ross Associates help unmarried couples negotiate their rights and reach legal understandings through domestic partnerships and cohabitation agreements.
- Domestic Violence
At Richard Ross Associates, our family law attorneys work to prevent domestic violence in Ventura County and neighboring communities by seeking temporary restraining orders to protect our clients. In a divorce proceeding, the court will not grant custody rights to a parent who has committed domestic violence, unless he or she can submit evidence showing completion of certain treatment programs or compliance with the terms of a protective order. A similar presumption exists against awarding spousal support to a spouse who has been convicted of a domestic violence crime.
- Family Residence
Generally speaking, when a residence is acquired during marriage in any kind of joint form, the law presumes that residence to be community property. In order to rebut that presumption, one must show either a clear statement in the deed or other document showing that the residence is separate property or proof of a written agreement between the spouses that the residence is the separate property of one of the spouses. On the subject of property division, the family residence is often the spouses' single greatest asset. Since California is a community property state, it is not uncommon for both spouses to own a one-half interest in the family residence.
- Mediation
A mediation is a process facilitated by a neutral third party (the mediator) who allows the parties to express their interests and concerns in an attempt to have them mutually agree on all the contested issues in a divorce, such as the property division, child custody, child support, and spousal support. The spouses are usually represented by their attorneys, who are present at the mediation and may speak on behalf of their client. The mediator may meet with the parties individually or as a group, and will work to defuse conflict and emotion while getting the spouses to talk with one another about the issues that concern them most.
- Modifications
Generally, when a divorce is granted, the court issues final orders regarding issues such as child support and spousal support. Once these orders are final, they may not be modified except upon a showing of changed circumstances. Obtaining a successful modification of a custody or support order requires a combination of persuasive negotiation and courtroom skills and a familiarity with the laws and procedures in place in the various courts. The team at Richard Ross Associates includes attorneys who have successfully fought for and challenged modifications in courts throughout Ventura, Los Angeles, and Santa Barbara counties.
- Move-Aways
A custodial parent's relocation will almost always have a negative impact on the relationship between the child and the noncustodial parent. However, this impact is only one of several factors which must be considered in determining whether a proposed relocation would warrant a modification of the custody arrangement. Through law and motion practice, the court applies a set of factors to determine whether a hearing should be held on the move-away. Our comprehensive representation of clients in Southern California family law and divorce cases extends beyond the initial decree and encompasses supporting or challenging efforts by the custodial parent to move away to another state or country, which may impact the child custody arrangement.
- Paternity
The issue of paternity often arises in the context of a divorce. A father has a legal duty to support his children financially. In fact, it is a crime for a father to fail to provide for his children's financial support. On the other side of the coin, a legal father has a right to custody and visitation which cannot be denied unless it is determined by a court not to be in the child's best interest. For these reasons, paternity may be sought to be established, or it may be challenged in the context of a child custody or child support determination.
- QDROs
Not all family law attorneys and divorce lawyers are qualified to handle QDROs. If pension plans and other benefits figure into your marital estate, make sure your attorney can deal with these issues. The attorneys at Richard Ross Associates have the knowledge, skill, and background to handle even the most complex issues which may arise in a divorce proceeding, including the relationship of Qualified Domestic Relations Orders (QDROs) and pension plans to the question of property division under California's community property laws.
- Prenuptial Agreements
Prenuptial or premarital agreements are agreements established by parties who are contemplating marriage but want to establish beforehand how certain matters will be handled in the event of a later divorce or separation, or death or other event. The Oxnard law firm of Richard Ross Associates helps people in and around Ventura County in establishing premarital or post-marital agreements to settle in advance many of the issues that can arise in a divorce.
- Property Division
California is a community property state, meaning that each spouse owns a one-half interest in all property belonging to the marital estate. In a divorce, the judge will attempt to divide the marital estate equally between the two spouses. This means that the proper characterization and valuation of every asset is vitally important to a fair property settlement. The law firm of Richard Ross Associates provides expert advice and representation in a host of family law matters, including the important issue of the division of property in a divorce.
- Spousal Support
Spousal support, commonly known as alimony or separate maintenance, is not automatically awarded in every case. Instead, whether support is awarded, as well as the amount and duration of any award, are determined by the judge at a hearing in court. The judge may order either spouse to pay support to the other, in accordance with the evidence presented at trial. Our firm helps people throughout Ventura County and parts of Los Angeles and Santa Barbara counties in obtaining a divorce under California law, including advocating for a spousal support order that is fair to their client and meets their needs after the dissolution of the marriage.
Attorneys
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Mr. Richard Ross
Attorney Divorce, Family Law |
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