Family Law, Divorce, Mediation & Child Custody Lawyers in Orange County California

The Family Law Offices of Yanez & Associates

625 The City Dr S
Suite 490
Orange, California 92868
USA

(714) 971-8000

(714) 971-8020

www.yanezlaw.com

Contact Family Law & Divorce Attorney Bettina L. Yanez, CFLS

Law Firm Overview FREE CONSULTATION

The Family Law Offices of Yanez & Associates are experienced and knowledgeable in resolving family and immigration issues; always striving to give clients the best legal advice. Bettina Yanez is a Certified Family Law Specialist.

The Firm is committed to meet the legal needs of their clients. The firm aggressively represents clients in the areas of immigration, naturalization, divorce, legal separations, child custody, child support, paternity, adoptions, domestic violence, modifications, mediation, premarital agreements, visitation rights, spousal support, restraining orders, property settlements, probate issues litigation.

You are entitled to find the best lawyers that are prompt and affordable and will fight for the best results in order to help reinstate your peace of mind. You require a well-informed, strong-minded and concerned Lawyer. Attorney Bettina Yanez also represents the needs of children in high conflict cases, as an Orange County Court Appointed Minors Counsel. She is also contracted as a defense attorney for parents in contempt cases before the family law court in Orange County. Bettina Yanez is a lawyer who will “put it in the best plain words”, so you can understand your legal rights clearly.

Our Southern California divorce attorneys are recognized for their integrity and crusade to safeguard you throughout the legal procedures so that you can continue on with your life. Do not wait for child support and spousal support; these are legal issues that need resolving as soon as possible. The law firm strives to offer the most fulfilling and client oriented legal experience for their clients. The firm serves all of Orange County, Los Angeles County, Riverside County and sections of San Bernardino County.

Year this Office was Established: 2000

Languages: Spanish; English.

Areas of Law

Additional Areas of Law: Domestic Partnerships; Civil Unions; Surrogacy; Legitimacy; Child Abduction; Property Settlements; Parental Responsibility Orders; Annulment; Temporary Restraining Orders/TRO; Modifications; Guardianships; Conservatorships; Partnerships; Cuban Adjustment Act; Dream Act; Deferred Action; Father's Rights

Areas of Law Description

Our areas of practice include:

- Family Law

Family law is an area of the law that deals with family – associated subjects and domestic relations including: The nature of marriage; Domestic partnerships; Civil unions; Matters arising right through marriage; spousal abuse; adoption; surrogacy; child abuse; legitimacy; child abduction; The end of the relationship and ancillary matters including: divorce; property settlements; spousal support/alimony; parental responsibility orders; child custody; annulment; visitation; child support; Paternity; Domestic violence and Temporary restraining orders/TRO; Mediation; Modifications.

* Divorce

"Uncontested vs. Contested" - one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.

* Spousal Support (Alimony)

Spousal Support in the past been known as "alimony". Spousal support is not mandatory in most states. However, if the circumstances are such that a spouse will face hardships if he or she does not receive financial support after the divorce, than spousal support should be considered.

* Annulment

Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.

* Legal Separation

Legal Separation is a possible step towards divorce under United States law. A couple is legally separated if they have successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes. A period of legal separation constitutes grounds for divorce; the length of that period varies from state to state.

* Property Settlement

Community Property and Separate Property - California, is a community property state. This means that both the husband and wife are deemed to equally own all money earned by either one of them from the beginning of the marriage until the date of separation.

* Premarital Agreements

Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements") are binding legal contracts between you and the one you intend to marry. Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage. For some, it is a smart and practical way to acknowledge the fact that nearly half of all marriages end in divorce.

* Restraining Orders

An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.

* Child Custody - Custody of Minor Children

Sole Physical Custody: Sole physical custody means the children shall reside with and under the supervision of one parent, subject to the power of the court to approve the parent's plan for visitation rights granted to the other parent.

Joint Physical Custody: Joint physical custody means that each of the parents shall have significant periods of physical custody. In other words, the physical custody of the children shall be such that both parents have more or less continuing contact with the children.

Sole Legal Custody: Sole legal custody means that one parent shall have the right and the responsibility to make decisions relating to the health, education and welfare of the children, subject of course to the visitation rights of the other parent. Although courts favor joint legal custody, sole legal custody continues to be the leading type of custody for most children when there is a marital breakup.

Joint Legal Custody: Joint legal custody means that both parents share the right and the responsibility to make decisions relating to the health, education and welfare of the children. The law presumes that joint legal custody is in the best interest of the minor children when the parents have agreed to joint legal custody and submitted a workable "parenting plan." However, joint legal custody is not for everyone. It requires the parents to cooperate and lay aside all differences for the benefit and interest of the children.

* Child Support

Child support is mandatory in all actions involving minor children. Petitioners with minor children must include an order for child support, even if the other parent is unemployed or cannot be found.

* Visitation Rights

This is the right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation rights only if it decides that visitation would hurt the child so much that the parent should be kept away.

* Paternity

Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. In the case of an unwed mother a man may come forward and accept the paternity of the child, the mother may petition the court for a determination if she can identify the likely candidate(s) or paternity can be determined by estoppels over time.

* Grandparent's Right

All states have some type of "grandparent visitation" statute through which grandparents and sometimes others can ask a court to grant them the legal right to maintain their relationships with loved children. But state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances.

* Adoptions

Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is little or no legal difference between biological and adopted children.

* Modifications

Visitation may be modified at any time in which a drastic change in conduct or circumstances involving the parents can be demonstrated. Permanent modifications may be implemented; however, temporary suspension is also an option. In order to modify visitation arrangements, the party in favor of such must file an order with the court presenting clear evidence of the change in conduct or circumstances. Typically, this evidence must be completely new to the court. Any issues addressed previously in any prior proceedings are not grounds for modification. The following are some of the most common factors that are generally the cause for successful modification of visitation.

- Immigration and Naturalization

* Lawful Permanent

A "green card" gives you official immigration status (Lawful Permanent Residency) in the United States. A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.

* Residency

If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process: The USCIS must approve an immigrant visa petition; The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you; if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number.

* Visas

A nonresident alien is issued a visa allowing entry into the U.S. However, Canadian and Mexican visitors may be allowed entry without a visa. A nonresident alien is a non-U.S. citizen who does not hold a Resident Alien Card.

* Permanent Resident Card

A Permanent Resident Card, better known a Green Card, is proof of your legal status as a lawful permanent resident with a right to reside and work permanently in the United States. It also proves of your registration in accordance with United States immigration laws. Permanent Resident Card is also referred to as Form I-551.

* Cuban Adjustment Act

It provides for a special procedure under which Cuban nationals or citizens, and their accompanying spouses and children, may obtain a haven in the United States as lawful permanent residents. The Cuban Adjustment Act of 1996 (CAA) grants a special process under which Cuban natives or citizens, and their accompanying immediate family (spouse and children), may gain a sanctuary in the United States as lawful permanent residents.

- Juvenile Defense

The juvenile defense team of Bettina Yanez and Tom Connor has over 40 years of experience combined. Their level of ability is a great benefit to their clients charged with a juvenile criminal crime. Most crimes committed by minors are often like those committed by adults. For example: theft, sexual assault, drug possession, motor vehicle, vehicular homicide, property damage. Bottom line is that they all have similar outcomes in spite of the age of the person responsible for the crime.

- Personal Injury

Physical injury or mental suffering caused by events or carelessness of another party produces personal injury cases. Personal Injury cases include defamation of character, auto accidents, dog bites, medical malpractice, product defects … etc. Our law firm welcomes the pleasure to discuss your personal injury affairs. Our firm will accept your cases on a contingency basis. We will disburse trial preparation costs necessary to productively protect your legal rights. We are only compensated for our services if we succeed in your personal injury case.

- Estate Planning

Regardless of the size of your estate, planning is imperative. By employing a knowledgeable attorney, you can be confident that your property will go to the individuals you intended. Estate planning guarantees your loved ones will not be burdened with needless red tape, setbacks, and financial uncertainty after your departure.

* Probate

Probate is the procedure that transfers legal title of property from the estate of the person who has died to the proper beneficiaries. It is referring to “proving” of the existence of a legally binding Will, or determining and “showing” who the legal heirs are if there is no Will. Probate is the process used to decide who gets the property.

* Wills, Trusts and Estates

"Living trust"- A trust created for the trustor and administered by another party while the trustor is still alive. A living trust can be either revocable or irrevocable. A living trust avoids probate and therefore gets assets distributed significantly more quickly than a will does. It also offers a higher level of confidentiality, as probate proceedings are a matter of public record. Additionally, trusts are usually harder to contest than wills. On the downside, a living trust takes longer to put together than a will, and requires more ongoing maintenance.

* Guardianships

Guardianship is established by a court order. The court grants the guardian authority and responsibility to act on behalf of another person. The relationship is FIDUCIARY, which means that the guardian is obliged to act in the best interests of the ward. The court supervises the guardian to assure proper actions on behalf of the ward. An individual may serve as guardian of a minor or of an incapacitated person.

* Conservatorships

Unlike a guardian, a conservator has no power or responsibility over the individual. Only the money and property falls within the conservator's jurisdiction. A conservator has power to invest funds of the estate and to distribute sums reasonably necessary for the support, care, education or benefit of the protected person and any legal dependents of the protected person.

* Estate Administration Matters

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the "personal representative" in either instance.

- Small Business Entities

Partnerships - the control, responsibility and finances; this could be one other or several people, thus reducing the overall input one individual will give to the business.