slogan


Family Law

 

Premarital Agreements


A Premarital Agreement is an agreement between two people made in the contemplation of marriage.  There are many purposes of a Premarital Agreement.  The Agreement can spell out how property will be shared once the parties get married, if there is a death of a spouse, and can specify how property will be divided in the event of a dissolution of marriage. You can maximize the benefits of a Premarital Agreement to help you: avoid potential court issues down the road, avoid hurting the children in the event of a dissolution, to save on legal fees, to save your pre-marriage business from being placed in jeopardy, to protect children from previous marriages, and to waive spousal support in the event of dissolution.


Here at the Law Offices of Victor Wu we have over 25 years of experience in drafting Premarital Agreements. We can ensure that before entering the marriage you are fully advised and aware of how your assets can be affected by a marriage.  By retaining an experienced family law attorney you can ensure peace of mind before tying the knot.

 

Contested Divorce


At the heart of every dissolution of marriage are four issues: (1) the division of community and/or marital property; (2) the division of debt; (3) custody of any children; and (4) payment of child and/or spousal support.

 

(1) The division of community/ or marital property:


California follows what is called a “community property” system. In a community property system most property acquired during marriage, except for gifts and inheritances, is owned jointly by both spouses and divided upon the dissolution of the marriage. Joint ownership is automatically presumed by law in the absence of specific evidence that can suggest property is owned separately.


Here at the Law Offices of Victor Wu, we advise you on what exactly is classified as community or separate property and what each party is entitled to receive.

 

(2) The division of debt:


In California, all debt incurred during marriage is presumed to be the debt of both parties (excluding a contrary agreement).  However, most debts incurred after the separation of parties will be considered the debts of the individual party.


At the Law Offices of Victor Wu we will fight to ensure that the debts are divided in an equitable manner to make sure you are not stuck with debt you are not obligated to pay.

 

(3) Custody of any children:


Issues surrounding child custody can be one of the most highly contested elements in a divorce. California distinguishes custody into two categories: legal custody and physical custody. Legal custody gives one or both parents the right to make decisions concerning the child’s upbringing. Physical custody gives one or both parents the right to have the child live with him or her.


Here at the Law Offices of Victor Wu, we fight for our clients to ensure that the best interests of the child are met. We take a comprehensive approach to help you decide which custody arrangement fits best in the event of a dissolution.

 

(4) Payment of child support/ spousal support:


Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage. Both parents are legally obligated to provide financial support of their children. Child support is calculated using a complex formula that takes into account the needs of the child, the time each parent spends with the child, the income of each parent, the existence of any children from previous marriage, and a number of other factors.


Here at the Law Offices of Victor Wu, we work directly with our clients to gather all this information to help determine what each child is entitled to receive. We take an aggressive approach for our clients to ensure that the needs of the children are met.


In addition, spousal support, also known as alimony, is payment to an ex-spouse ordered by the court. The purpose of spousal support is to avoid any unfair economic consequences of a dissolution, and to help a spouse maintain the quality of life he or she enjoyed during the marriage. Courts have broad discretion to award spousal support and take into consideration a number of factors such as: the spouses earning capacity, the presence of young children in the house, the extent to which the supported party contributed to the education and training of the other spouse, the duration of the marriage, the age and health of each party, the existence of any domestic violence, and any other factors the court deems just and equitable.


Here at the Law Offices of Victor Wu, our attorneys are experienced in presenting all these factors to the Court. After a dissolution it is imperative that you contact an attorney to advise you on what you are entitled to.

 

Uncontested Divorce


While no divorce is truly uncontested, spouses can still reach an agreement regarding property division, debt allocation, child support and spousal support. An uncontested divorce can move more quickly than if the case was to proceed through the courts. An uncontested divorce is also less expensive than a contested divorce. Such divorces can proceed through a Marital Settlement Agreement or Stipulated Judgment to the Court.


Here at the Law offices of Victor Wu, we encourage couples seeking a divorce to first attempt to work out any potential issues without going to court. This can reduce the hostility and stress of a divorce so that the couple can move on with their lives. The attorneys at the Law Offices of Victor Wu are experienced in drafting Marital Settlement Agreements and Proposed Judgments that are just, equitable, and agreeable.

 

Copyright © 2014 The Offices of Victor Wu

10161 Bolsa Avenue, Suite 204C, Westminster, CA 92683 | (714) 531-4411

 16330 Bake Parkway, Irvine, CA 92618 | (949) 777-1808