Divorce

For most people seeking a divorce, there are two main considerations. First, they are worried about obtaining whatever assets they are entitled to. Second, they want the divorce done as quickly and efficiently as possible. At the Liu Law Firm, we understand these competing interests and strive to ensure that we protect your rights while at the same time keeping your costs down and getting the divorce done as quickly and painlessly as possible.

Whether the issue is asset division or child custody, whether the divorce is contentuous or amicable, we can handle all types of divorce cases, as efficiently as possible.

The State of California is a no-fault state, which means that fault is not a consideration in Court. The divorce process typically takes six months or more, due to California law. If the divorce is amicable and a property and custody settlement can be made, the parties can sign an agreement and avoid court. If not, the Liu Law Firm is prepared to go to Court to protect your rights.

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Mediation

Mediation saves time, money, and pain to the parties and their children. It provides practice in the exact sort of collaborative behavior that will be required when coparenting. If the parties to the divorce have an amicable relationship, mediation may be the answer.

The issues settled in mediation include:

• Division of Marital Property
• Division of Marital Debt
• Child Support
• Spousal Support
• Custody and Parenting Plan for the Children
• Division of Retirement / Pensions

For parties that only have a few issues in dispute, a mediator can provide a neutral view and help the parties avoid Court. This saves time, money, and emotional pain.

Our experienced attorneys can help avoid the legal, financial, and emotional toll of a two-lawyer adversarial divorce.

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Child Custody Disputes

The basic guideline in custody disputes is, what situation is in the best interests of the child? Among the factors which the Judge will consider are:

• Who is the primary caretaker?
• Where does the child currently reside?
• What is the child's preference?
• Does either party have a drug or alcohol problem?
• Does the child have any special needs?

Our experienced advocates will discuss these factors with the Judge and ensure that an arrangement that is in the best interests of the child is formulated.

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Prenuptial and Transmutation Agreements

A prenuptial agreement acts as a waiver of certain rights in California. While prenuptial agreements are an uncomfortable subject for many, the reality is that marriages do sometimes end up in dissolution and a prenuptial agreement can set out the expectations of the parties both during and after the marriage.

• Prenuptial agreements are especially suitable for the following situations:
• Marrying for the first time later in life
• Entering into a second or third marriage
• One prospective spouse or the other has grown children
• Substantial commingling of assets or undocumented debt arrangements prior to marriage
• Disparity of income or accumulated wealth between the parties

The beauty of the prenuptial agreement is that it can operate to minimize confusion between the parties in regard to what property should be that of the marriage and that of the seperate spouse. It sets expectations ahead of the marriage and prevents arguments during and after the marriage. The agreement may also limit or eliminate spousal support in some cases.

If you need an attorney to draft a prenuptial agreement or to review one drafted by another attorney, feel free to contact our office for a consultation.

The main issues to bear in mind in preparing a prenuptial agreement are:

• Full disclosure of each person's assets must be made in order for the agreement to be valid.
• Only the Court may vary or determine child support rights or obligations. A prenuptial or postnuptial agreement setting support or custody rights is invalid by law.
• Both parties must have an opportunity to have the agreement reviewed by an attorney.
• A postnuptial agreement or transmutation agreement is similar to a premarital agreement, but is not executed until after the marriage.

If a premarital or postnuptial agreement is improperly drafted or is invalid by law, provisions of the document or the entire agreement can be held invalid and can cost the parties dearly. This is why it is especially important to seek legal advice from a qualified competent attorney.

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