Constraction Law page Family Law

Family Law Attorney

If you are facing a divorce or any other family law matter, it is vital that you get the skilled legal representation of a divorce lawyer to protect your rights and interests.

RECOGNITION

Protecting Your Interests At All Times

At Herrig & Vogt, LLP, our attorneys are committed to using effective strategies to help protect your interests at all times.

We understand the personal nature of family law conflicts and will treat your case with the respect and sensitivity it deserves. Through each stage of the process, we will provide quality legal counsel and keep your financial circumstances in mind.  

Our firm is AV® Rated by Martindale-Hubbell®, which is a testament to the superior legal services we deliver.

 

 

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Experienced Legal Counsel You Can Depend On

 

Herrig & Vogt, LLP is a trusted, reputable, and compassionate law firm with over a century of combined legal experience. We also have a network of other professionals that we call upon when necessary, including top accountants, business valuators and other experts to assist in supporting your case. Your personal objectives will be our priority as we move to resolve your case in a cost-efficient manner.

 

Family Law Issues Our Firm Handles

We know that every case is different and needs a legal strategy customized to the particular circumstances surrounding it. We provide a free consultation so that we can learn more about your case before suggesting a particular solution. We frequently encourage mediation so that you can resolve your conflict as quickly and affordably as possible. Although our firm attempts to negotiate agreements outside of court whenever possible, we know that sometimes litigation is necessary and can even be beneficial. If litigation is necessary, our divorce lawyers can skillfully represent and will zealously present a compelling and strong case on your behalf.

Herrig & Vogt, LLP handles a variety of family law issues including:

Contact Our Firm for Help with Your Family Law Case

With over a century of combined legal experience, our firm provides unparalleled experience to support your family law case. Our firm proudly serves a wide base of loyal and satisfied clients. The accomplished team at Herrig & Vogt, LLP is eager to provide you with trusted professional legal services for any family law matter you are facing.

Contact us online or by call us at (888) 901-7484 to speak with an experienced divorce attorney.

Uncontested Divorce

Uncontested Divorce

Legal Assistance from a Compassionate Divorce Attorney

While the divorce process is often difficult and emotionally-fraught, not all divorces are contested. Sometimes spouses agree on all of the major issues of divorce or are able to reach a mutual agreement with the help of negotiations between their lawyers or mediation. An uncontested divorce can also arise when a spouse does not respond to their spouse’s petition for divorce. The Roseville divorce lawyers from Herrig & Vogt, LLP can protect your legal interests during an uncontested divorce.

 

Legal Issues Involved in Uncontested Divorces

Uncontested divorces address many of the same legal issues as contested divorces, such as:

  • Division of assets and debts
  • Child custody
  • Visitation rights
  • Child support
  • Spousal support
  • Relocation terms

If you and your spouse reach an impasse regarding any of these issues, you may not be able to pursue an uncontested divorce. Contact a qualified Roseville divorce lawyer to learn about your legal options.  

 

Benefits of an Uncontested Divorce

Uncontested divorces are known for their speed, simplicity, convenience, and cost-effective nature. Court fees and other expenses involved in contesting a divorce are much higher than an uncontested divorce. Contested divorces may also last for several months or years, depending on the couple, the extent of their marital property, and the complexity of their legal issues. In contrast, uncontested divorces might be completed in as little as 60 days. Uncontested divorces are often less stressful because there is less conflict, which helps protect the children.

 

Why You Should Choose Herrig & Vogt, LLP for Your Uncontested Divorce

At Herrig & Vogt, LLP, we understand that families dealing with a divorce often would like to settle things as amicably as possible. By attempting to see things from both sides and fully analyzing the circumstances, we can provide you with unparalleled legal services. We are focused on protecting your rights and best interests.  

We also understand that you have your choice of family law attorneys. However, our family law attorneys stand apart from others in the community. We are well-known throughout Roseville for our accomplishments, accolades, and other characteristics such as:

  • We were originally founded in 1994
  • We have more than a century of combined legal experience
  • Several of our attorneys are AV Preeminent® Rated by Martindale-Hubbell®

We will provide you with honest representation and will let you know if your uncontested divorce is to your disadvantage and requires adjustment. We will also talk about your legal options during a no-cost, no-obligation consultation.

Contact us online or call us at (916) 472-0376 to get started on your case today.

Spousal Support

Spousal Support

There are two sides to every spousal support argument. On the one hand you have the person paying support who is anxious about it being a hefty burden and to have that payment end, and on the other hand you have the person receiving spousal support who is worried about it being enough and about the day that it ceases. Understanding why you will be paying or receiving spousal support is crucial to coming to terms with the orders or agreements that are eventually made to resolve the issue.  

In many cases, one spouse has come to be financially dependent upon the other. If the marriage ends the supported party may not be able to support themselves without the help of their spouse. Spousal support (or alimony) is an order which may require one spouse to pay a certain sum of money to the other spouse to enable the supported partner to maintain a standard of living similar to that which they had prior to the separation. These orders are often temporary and are intended to help the supported spouse become self-sufficient, if possible.

There are many factors that go into determining whether an award of spousal support is proper, what the amount of the support will be, and what the duration of the spousal support order will be – if one is made.  The orders that are made depend in large part on various factors outlined in several different sections of the family code. Some of the most important ones are:

  1. The earning ability of the parties
  2. The age of the parties
  3. Whether one party had dedicated themselves to raising children and not pursuing employment
  4. The length of the marriage
  5. Allegations of domestic violence

These are just examples of what the judge may consider, and making an appropriate determination on these issues can be challenging. The experienced family law attorneys at Herrig & Vogt will not only guide you through the factors the court might consider in your case but will be there to present your position on each individual factor to maximize the amount you receive or minimize the amount you pay.

Our knowledgeable team understands how stressful and confusing this process can be, and we have helped many clients achieve their goals – whether that means accurately representing their circumstances to ensure the spousal support determination is fair, or helping build a case for the modification of an existing spousal support order.

If you have any questions or concerns about spousal support issues, please feel free to contact our experienced family law attorneys for more information.

Divorce Settlement Agreements

Divorce Settlement Agreements

Quality Legal Services to Help You Make the Best Decisions

There are many important legal issues at stake during a divorce, including child custody, child support, property division and spousal support in some cases. Even if the spouses do not agree on these issues at the outset of the case, most divorcing couples do eventually reach a settlement on these issues. To avoid litigating issues, a Marital Settlement Agreement must be prepared that outlines the spouses’ agreement regarding these issues. This agreement must be signed by both spouses and submitted for the judge’s approval.

Marital Settlement Agreements must be properly drafted and should include all of the important details of the agreement. If an important part of the agreement is left out of the agreement, it may not be possible to later change the agreement’s language. One of the spouse’s lawyers generally prepares the Marital Settlement Agreement while the other will review it and possibly make suggestions regarding language that should be changed in it. It is important to choose an experienced Roseville divorce attorney to help you with this process. He or she can draft the agreement or review it to ensure that your rights are properly protected.

 

Marital Settlement Agreement Basics in California

It is imperative that you understand all of the terms in the settlement agreement before you sign it. If you are confused about the language, always ask your attorney for clarification. If you are not comfortable with the terms of the settlement agreement, do not sign the agreement. The agreement may include timelines, such as calling for the immediate transfer of certain assets and property. Other terms may be ongoing, such as custody agreements or spousal support obligations. Some provisions may be subject to modification while others are not.  

 

Quality Legal Assistance with Your Marital Settlement Agreement

Herrig & Vogt, LLP is a trusted divorce firm that strives to successfully resolve all of their clients' legal issues. Since 1994, we have proudly served Roseville, along with various other surrounding communities. We have the ability to draft final settlement agreements that both you and your spouse agree upon and which may help ensure that your divorce is finalized as quickly and efficiently as possible.

 

Please contact us online or call us at (888) 901-7484 to schedule an appointment with one of our experienced divorce lawyers.

Parental Relocation

Parental Relocation

Protecting Your Parental Rights After a Child Custody Order

Relocation is a very common dispute between divorced couples who have joint custody of their child. This issue also arises after a child custody order is put in place for unmarried couples. A relocation can have a significant impact on a parent’s relationship with his or her child. Individuals may wish to relocate to a new area or dispute the relocation of their former partner. An individual may choose to relocate for personal reasons, employment opportunities or to be closer to family. Parents have the right to file for relocation or challenge the right of the other parent to relocate. A Roseville divorce attorney can explain your rights and represent you in a relocation case. Our law firm is dedicated to each client we represent and has helped many resolve this issue through amicable agreements between parents or representation in a contested case.

 

Considerations in Parental Relocation Cases

Parents may need to relocate for a variety of reasons. They may need to move for their job so that they are better able to care for their child. They may have recently gotten married or may wish to move closer to family. The reason for the move will be considered by the court. The court will also consider the impact that any proposed relocation will have on the child’s relationship with the other parent. The court’s primary consideration when making relocation decisions is what is in the child’s best interests.

Our law firm can review your case to determine the best course of action. Many times a modification in the child custody agreement can be negotiated between the parents. We know how important matters of child custody are for parents and can diligently represent your position in court.

 

Quality Legal Services for Parental Relocation Cases

Our law firm has more than 100 years of combined legal experience. We know how to represent clients on either side of a relocation case. We have significant experience in divorce law and all the associated issues, including any questions regarding parental relocation and what to expect from the court. We will diligently pursue your objectives in parental relocation cases. We are committed to protecting the rights and interests of our clients and their children.

Contact a Roseville family law attorney if you need to file for relocation or dispute the relocation of the other parent.

If you need to file for relocation or want to challenge the relocation of the other parent, contact us online or call us at (888) 901-7484.

Military Divorce

Military Divorce

Overview of California Military Divorces

Military divorces in California must follow specific state and federal laws that differ from the laws used in civilian divorces. Detailed rules are used to protect active duty military members from being held in default for divorce, which prevents them from being divorced without any knowledge of said actions. Under the Soldiers and Sailors Civil Relief Act, 50 UCS Section 521, and at the local California court's discretion, divorce proceedings may be postponed while the active military member is serving, along with 60 days after they return. However, if an active military member wishes to proceed with the divorce, they may waive their rights. If you are a member of the military or you are married to a military spouse and are seeking divorce, please contact the experienced Roseville divorce lawyer at Herrig & Vogt, LLP for assistance.

 

Requirements for a Military Divorce

An active duty spouse must be personally served with a summons and a copy of the divorce action for a California court to have jurisdiction over the active military member. If a couple is seeking an uncontested divorce, the military member may file a waiver affidavit, stating that they are aware of the divorce action. In order to file for a military divorce in California, one spouse must live in California or an active military spouse must be stationed here. Residency by at least one spouse gives the family law court in California jurisdiction over the case.

 

Property Division Rules in Military Divorces

Normal state and federal property division laws apply to property division in California military divorces. The Uniformed Services Former Spouses' Protection Act (USFSPA) calculates how military benefits are divided when a military couple is divorced. Unless a couple has been married for 10 years or longer while the member was on active duty, the military member's retirement will not be divided and he or she will have sole ownership of the retirement funds.

 

Experienced Military Divorce Attorneys in Roseville, California

Because military divorce laws differ from civilian divorce laws, it is important to hire a divorce attorney who is knowledgeable about laws that pertain to military divorces. Our lawyers at Herrig & Vogt, LLP have over 100 years of experience in fighting to protect the rights of our clients who are active duty service members and their spouses.

Please complete a free case evaluation form or call us at (888) 901-7484 to learn more about how our firm can assist you.

Legal Separation Guardianship

Guardianship

Understand Your Rights in Guardianship and Conservatorship Cases

In California, a family law court can appoint a guardian for children under the age of 18. Guardianship may be necessary when both parents pass away, a parent is terminally ill or a child is not being cared for properly and their safety and health are at risk. If you need to take legal action regarding guardianship over a child you want to protect, a Roseville family law attorney from Herrig & Vogt, LLP can assist you.

 

Types of Guardianships in California

California recognizes three types of guardianships:

  • The guardianship of the child
  • The guardianship of the estate
  • The guardianship of the child and his or her estate

Our experienced guardianship attorneys can help explain the function of each type of guardianship and advise you on which one is appropriate under your particular circumstances.

 

When Filing for Guardianship Is Necessary

Guardianship may be necessary when a parent is unable to care for their child, either through illness, personal issues or other situations. A grandparent, relative or other individual who is concerned with the child’s well-being may petition the court to be named as a guardian. In some situations, the parent involved may have selected a specific person or relative for this duty, such as when the parent names a guardian in a will. At Herrig & Vogt, LLP, we are extremely well-versed and experienced in guardianship petitions and will assist you to get the issue addressed professionally and quickly. The legal team is familiar with the process and what the court will require in filing a petition. We can also advise you as to the responsibilities that you will bear as a guardian under law. We also represent parents who need help in challenging a petition for guardianship when they are accused of being unfit to care for their children.

 

Experienced Legal Advocacy

Our legal team will carefully evaluate every aspect of your guardianship case to ensure that your rights regarding your children are protected. The attorney you choose to represent you can have a significant impact on the final outcome in a guardianship matter in court. Contact a Roseville guardianship attorney from our firm for skilled legal representation.

 

Learn more about the process of obtaining guardianship and receive a free case evaluation by contacting us online or by calling us now at (888) 901-7484.

Grandparents’ Rights

Grandparents’ Rights

What Rights do Grandparents Have Regarding Their Grandchildren?

Grandparents often play an important role in their grandchildren’s lives. When a grandparent loses access to their grandchild, this often has a negative impact on the child. If you are struggling to maintain contact with your grandchild, it is important that you understand what your rights are under California law. The family law attorneys at Herrig & Vogt, LLP are dedicated to helping you maintain a meaningful role in your grandchildren’s lives.

 

Role of Grandparents in California

Many grandparents play a critical, though secondary, role in their grandchildren’s lives. They may have a steady pattern of seeing their grandchildren that is suddenly disrupted when a divorce between the parents ensues. In other cases, grandparents serve as the primary caretaker in the home. This situation may be present when the child’s biological parents are incarcerated, have addiction issues or are otherwise unable to provide an adequate level of responsible parenting. Concerned grandparents who wish to exercise the right of access to their grandchildren should strongly consider hiring a seasoned Roseville grandparents’ rights lawyer with Herrig & Vogt, LLP.

 

Fighting for Grandparents’ Rights

The rights of grandparents regarding their grandchildren may vary from situation to situation, depending on the custodial parent making the decisions, the role of the grandparent, stepparents with sole custody and even situations where the grandchild has been adopted by another person who has assumed the legal right of responsibility. Grandparents’ rights are decided on a case-by-case basis.

A parent may sometimes wish to restrict or eliminate access to their children by the grandparents. While in many instances a parent may be able to make this decision, this is not always the case. One of the most important factors that may play a role in granting grandparents’ rights is the level of involvement the grandparent had on the child's upbringing before ties were severed. If it can be proven that the presence of the grandparent may be instrumental in the positive upbringing of a child, then the court may formally award such rights.

 

Contact a Trusted Family Law Attorney in Roseville

The seasoned family law attorneys at Herrig & Vogt, LLP deeply value the role of grandparents in a child's life, and our firm will exhaust every resource and strategy to fight for your grandparents’ rights. We have successfully brought grandparents and grandchildren together in our 100 years of combined experience and will continue to fight for the right of all children to have the best possible upbringing. Contact a Roseville grandparents' rights lawyer if you would like to consult a skilled legal professional regarding your grandchildren's visitation and other issues.

 

To preserve your grandparents’ rights, contact us online or call us today at (888) 901-7484.

Fathers’ Rights

Fathers’ Rights

Shielding Fathers’ Rights Throughout California

Historically, mothers were often given primary custody of their children because society believed they were better equipped to care for them. However, societal beliefs have adapted, triggering changes in child custody laws that mandate fathers be given the same rights as mothers. Yet, in some cases these rights may need to be protected, particularly in cases in which a child is born and the paternity of the child is in question. It is automatically assumed that the husband is the father when a baby is born to married parents. However, when there is no legal relationship, such as in cases of the birth of a child to an unmarried mother, the father may have to establish paternity before being able to have rights to his child.

 

Establishing Paternity

A Voluntary Acknowledgement of Paternity is a document that a father may choose to sign after the birth of a child when he is not married to the mother. This document publicly states that the person signing the affidavit is the child’s father. However, if the mother of your child is creating unreasonable providing obstacles and denying you the ability to access your child, we can negotiate or take legal action on your behalf. The establishment of paternity through genetic testing can be necessary to get the issue resolved through the court.

Protecting your rights as a father can be a crucial issue in many cases. The mother may not want to share custody and may not have named a father when the child was born. We can help you establish paternity through either a Voluntary Acknowledgement of Paternity or a DNA test. If you need to take a paternity test or take legal action to protect your rights as a father, contact a Roseville divorce lawyer for assistance.

 

Parental Rights

Once paternity is established, you may be able to pursue your parental rights, including the following:

  • Arrange a custody agreement to see your child
  • Actively participate in decisions regarding your child's education, religion and healthcare
  • Protest the other parent's request to relocate to a new location
  • Modify a child support or child custody order

 

Quality Legal Services to Protect Your Parental Rights

An experienced lawyer from Herrig & Vogt, LLP can help you establish paternity and your rights as a father in court. Our legal team has almost 100 years of combined legal experience and is very familiar with the legal processes necessary to protect fathers’ rights, paternity and other crucial issues surrounding child custody, child support and visitation. We have helped many fathers establish their paternity and gain the right to play a meaningful role in their child’s life. If you need to establish paternity or need help with fathers' rights, contact a Roseville fathers' rights lawyer for a free case review.

Learn more about your father’s rights by contacting us online or by calling us at (888) 901-7484.

Family Law

Family Law

Protecting Your Interests at All Times

If you are facing a divorce or any other family law matter, it is vital that you get the skilled legal representation of a Roseville divorce lawyer to protect your rights and interests. At Herrig & Vogt, LLP, our attorneys are committed to using effective strategies to help protect your interests at all times.

We understand the personal nature of family law conflicts and will treat your case with the respect and sensitivity it deserves. Through each stage of the process, we will provide quality legal counsel and keep your financial circumstances in mind.  

Our attorneys are AV® Rated by Martindale-Hubbell®, an honor shared by only five percent of attorneys nationwide and a testament to the superior legal services we deliver.

 

Experienced Legal Counsel You Can Depend On

Herrig & Vogt, LLP is a trusted, reputable, and compassionate law firm with over a century of combined legal experience. We also have a network of other professionals that we call upon when necessary, including top accountants, business valuators, and other experts to assist in supporting your case. Your personal objectives will be our priority as we move to resolve your case in a cost-efficient manner.

We know that every case is different and needs a legal strategy customized to the particular circumstances surrounding it. We provide a free consultation so that we can learn more about your case before suggesting a particular solution. We frequently encourage mediation so that you can resolve your conflict as quickly and affordably as possible. Although our firm attempts to negotiate agreements outside of court whenever possible, we know that sometimes litigation is necessary and can even be beneficial. If litigation is necessary, our divorce lawyers can skillfully represent and will zealously present a compelling and strong case on your behalf.

 

Family Law Issues Our Firm Handles

Herrig & Vogt, LLP handles a variety of family law issues including:

 

Contact Our Firm for Help with Your Family Law Case

With over a century of combined legal experience, our firm provides an unparalleled experience to support your family law case. Our firm proudly serves a wide base of loyal and satisfied clients throughout Rocklin, Citrus Heights, Roseville, and Carmichael. The accomplished team at Herrig & Vogt, LLP is eager to provide you with trusted professional legal services for any family law matter you are facing.

Contact us online or by calling us at (888) 901-7484 to speak with an experienced divorce attorney in Roseville, California.

Divorce Basics

Divorce Basics

Understanding Your Rights During This Pivotal Time

The process of divorce involves many important legal issues, including property division, child custody and child support. It is important that you understand the basic process of divorce in California, which will ensure that you can get through the major issues by making informed decisions that will impact your life.   

 

File a Petition for Divorce

The first formal step of the divorce process is filing a Petition for Dissolution of Marriage. This petition states your legal grounds for divorce and what type of relief you are asking the court to provide, such as joint custody, child support or certain property. The petition is important because it establishes your positions on issues related to your divorce, which may be the first time that your spouse hears of them.

 

Response to Petition

After filing your petition for divorce, you must ensure that your spouse is properly served according to California law. After your spouse is served with your petition, he or she must prepare a Response to a Petition for Dissolution of Marriage, which formally responds to each statement made in your petition. Your spouse will be able to assert his or her positions in the response. Your spouse has 30 days from the date of service to prepare and file the response.

 

Temporary Orders

Because the process of divorce in California can last for several months or even years in particularly complex cases, it is common for one or both spouses to file motions with the court for temporary orders. These temporary orders usually involve child custody, child support, spousal support, control over community property and even requests for attorney fees. These orders are often imperative to ensuring that a supported spouse has sufficient financial resources to maintain some semblance of their standard of living after the date of separation. Consultation with an attorney regarding what temporary orders you might be entitled to at the beginning of case is often extremely important, as certain types of support can only begin after a motion has been filed.

 

Preparation of Financial Disclosures

It is very common for one spouse to have more control over a couple’s finances. He or she may have had the responsibility for managing the couple’s money. The other spouse may be denied access to financial information after the divorce is initiated. Understanding these dynamics, the legislature passed laws that require spouses to share financial information that they need about their marital estate. These laws provide specific timeframes within which the spouses must disclose their income, assets and liabilities to the other party. The Petitioner, or spouse who started the case, must serve their disclosure documents within 60 days of service of their Petition on their spouse. The Respondent, or spouse who was served with the Petition, must complete their disclosure within 60 days of filing and service of their response. These disclosures may be extensive and complex, depending on the type and value of the community property.

 

Settlement Negotiations

After the spouses share financial disclosures, they may start to engage in settlement negotiations. Even if the parties do not reach an agreement on all issues related to their divorce, they may be able to agree on some of the issues in order to narrow the scope of any litigation. It is important to have an experienced lawyer on your side during this time to help you evaluate proposed settlement terms or to draft a settlement proposal. Your attorney can explain the advantages and disadvantages of any proposals. Not having an attorney during this time can have a significant impact on the terms of your divorce and your life for years to come. It is often much more expensive to fix errors in settlement agreements than it is to ensure that agreements were properly drafted. Having a Herrig & Vogt attorney at your side at this stage in the process can have a significant impact on the outcome of your divorce.

 

Divorce FAQs

Our legal team has answered some of the most frequently asked questions that we receive. After reading the information below to understand the basics involved in divorce, contact the Law Firm of Herrig & Vogt, LLP. We can provide the personal attention and vigorous advocacy that you need for any divorce or family law matter.

Call us today at (916) 472-0376 for a no obligation, no cost consultation.

 

Why Is Family Law Important?

Family law resolves disputes that exist in families such as divorce, division of assets, child custody, child support, paternity rights and others. If these disputes cannot be resolved outside of court, then the issue may be raised in family court so that a judge can decide the best course of action.

 

How Long Will My Divorce Take?

The timeframe for resolving a divorce depends on the number of issues involved and how many the spouses can reach a mutual agreement on. If issues are contested, the spouses may have to wait for the next available date on the court’s calendar. Additionally, there is a six-month waiting period before the court considers granting a petition for divorce. Having an experienced divorce lawyer on your side can help minimize the time to get divorced because he or she is familiar with the proper procedures that must be followed and can help you avoid mistakes during the divorce process.

 

How Much Does Divorce Cost?

The cost of divorce also depends on a number of factors and how quickly the parties settle. The more issues that are contested in divorce, the more expensive the process tends to be. However, your divorce attorney may be able to get a temporary order put in place to help pay for these expenses while your divorce is pending.

 

What Happens if a Divorce Is Contested?

In some cases, the parties do not agree about one or more material issues involved in the divorce. One party may have unreasonable demands or the parties may have negative feelings toward each other that prevent them from making the best decisions during this emotional time. When it is impossible to resolve the crucial issues through negotiations, the spouses may have to ask the court to decide the issue. Our Roseville divorce attorneys can assist with an uncontested divorce or can present a compelling and well-researched case in court when this is the best option for our client.

 

How Does Divorce Impact Children?

Divorce can have a significant impact on children. Even though divorcing spouses are making a significant change in their lives by legally ending their marital relationship, the rights of children must also be protected. Child custody determinations affect with whom the child will live, how much time the child has with each parent and who will make decisions regarding the child. Child support determinations dictate how much financial support one parent will pay to the other for the benefit of the child. The quality of your attorney and their commitment to pursuing your objectives for your children is a crucial consideration.

 

How Do I Choose a Divorce Lawyer?

When you need an attorney to represent your interests in divorce, it is important that you select an attorney with experience in this practice area. At our firm, we have more than 100 years of combined legal experience and have served the community in uncontested divorce, high net worth divorces and divorce litigation. We are well-respected in the legal community for our commitment to our clients and our zealous representation. The outcome of a divorce case will affect both you and your children for years into the future, and ensuring that you have a professional, trusted firm representing your interests and protecting your rights can make the difference with regard to the outcome in spousal support, child custody, visitation, division of assets and other matters related to your divorce.

 

How Can Herrig & Vogt, LLP Help Me in My Divorce Case?

Herrig & Vogt, LLP was established more than 30 years ago, providing superior legal services to our clients throughout El Dorado, Placer and Sacramento Counties. Our firm prides itself on our high level of focus, legal skill and dedication to our clients, and we have seen consistent victories in court as a result.

If you are contemplating divorce, contact us to receive a free case evaluation.

Division Of Debts In Divorce

Division Of Debts In Divorce

Protecting Your Financial Interests through Dedicated Advocacy

When a marriage ends, there are a variety of legal matters that must be resolved before a legal dissolution of marriage can occur. One such matter is the division of debt among spouses. The spouses may vehemently disagree about how their debts should be divided and may seek an order from the court to resolve this disagreement. Division of debt is a critical issue for many married couples embroiled in a divorce. The outcome of debt division can have ramifications that last for many years. Enlisting the assistance of an accomplished divorce lawyer in Roseville is a critical strategy when contemplating an issue of this magnitude.

 

Factors that Affect Debt Division

For many spouses, the worst-case scenario is to acquire a debt from which the spouse did not benefit or did not consent. Divorcing spouses often want to resume their independence after the divorce with minimal connections and obligations to the other spouse. However, the courts consider many factors when distributing the debt between the spouses, such as:

  • Which spouse incurred the debt
  • Which spouse benefited the most from the debt or stood to benefit the most for it
  • Whether the debt is associated with a certain asset and which spouse will maintain ownership of the asset after divorce
  • Who is best able to pay the debt

If the spouses agree about how debt should be divided, they may ultimately try to transfer responsibility for paying the debt to one spouse. However, it is important for spouses to understand that creditors are not under the jurisdiction of a divorce order. Therefore, the creditor can continue its collection efforts and hold both spouses liable even if the divorce order transferred the debt from both spouses to one spouse. Spouses may have to refinance debt in order to completely remove a spouse from the debt and their obligation to pay it.

 

Dedicated Legal Representation in Debt Matters

It is important for individuals to understand their legal obligations related to debt and to have a dedicated advocate on their side who will help them avoid years of paying debts that they did not personally incur. The talented legal team at Herrig & Vogt, LLP routinely achieves success in debt division matters as a result of their hard work, thorough organization, and a well presented case on behalf of their clients.

Contact us online or call us at (888) 901-7484 to speak to a qualified divorce lawyer about how marital debts are divided in divorce.

Division Of Assets In Divorce

Division Of Assets In Divorce

Protect Your Assets with a Roseville Divorce Lawyer

Asset division is an important part of the divorce process. In many cases, spouses cannot reach an amicable solution for dividing their assets in a fair manner. In these situations, the spouses can bring the matter before a family court judge who can make informed decisions about how to divide the couple's bank accounts, debts, community property, and other assets.

Asset division can be a time-consuming process, depending on the quantity of assets or the complexity of ownership between the two spouses. It is advisable that you immediately seek the services of an experienced Roseville divorce lawyer who is familiar with asset division laws and community property principles in California.

 

Community Property vs. Separate Property

California uses the terms “community property” and “separate property” to divide assets between the spouses. Separate property belongs solely to one spouse while community property is subject to division between the spouses.

Community property includes the assets that were purchased during the marriage and income that was earned during the marriage. It also includes any asset that was previously separate property but that was transferred to become community property.  

Separate property includes property that was owned by one spouse before the marriage, property that was purchased only from separate assets during the marriage or property that was given as a gift or inheritance to one spouse.

Sometimes spouses may disagree about whether property is separate or community property. A thorough evaluation of the circumstances surrounding the purchase or maintenance of alleged separate property may be necessary to accurately identify the property. The spouse who wants the property to be recognized as separate has the burden of establishing this classification.

 

Proper Valuation Techniques

Once the property is properly classified as community or separate, the next consideration is the value of the property. The spouses each have an equal ownership interest in the property. If the spouses do not agree on the value of property, they may need to have the property appraised, or an expert witness may need to testify about the value of the property.

 

Experienced Representation in Family Law Matters

The legal team at Herrig & Vogt, LLP, believes in providing superior legal and asset division services to all clients throughout Rocklin, Roseville, Citrus Heights, and Carmichael. We rely on 100 combined years of legal experience in successful family law representation as well as strategies for success in asset division that have been proven to get results. Our energetic effort to support our clients' objectives in asset division sets us apart from other firms. If you have any questions regarding how your marital assets may be divided, contact us for a free case evaluation.

Learn more about our asset division services by contacting us online or by calling us now at (888) 901-7484.

Contested Divorce

Contested Divorce

Aggressive Advocates by Your Side In A Contested Divorce

Divorce is not always amicable. One spouse may want a divorce much more than the other, which can increase the time that it takes to sever this legal and personal relationship. There may be difficult emotions on each side. Sometimes, divorces require lengthy court battles where each spouse must fight for what they deserve. In the midst of such heated times, your choice of representation matters.

The legal team at Herrig & Vogt, LLP is aware of how difficult the divorce process is and how high the stakes are. We fight to protect your assets and your time with your children. We are well-respected in the legal community for our commitment to our clients. Our AV® Rating from Martindale-Hubbell® is a distinction shared by just five percent of attorneys nationwide, proving that the legal representation we deliver is unparalleled. Your divorce may be contested, but the counsel you receive from our California divorce attorneys can help to resolve matters in a favorable manner.

 

What Happens If My Divorce Is Contested?

A contested divorce exists when you and your spouse disagree on a material issue. Contested divorces are common, but they can increase potential challenges that you may face during the pendency of your divorce. There are several drawbacks to a contested divorce, including longer proceedings, more expenses, and more frustration. However, sometimes they are not able to be avoided.
In an uncontested divorce, the court may have only minimal involvement. However, in contested divorces, there may be multiple court hearings in which you and your spouse have separate attorneys to ensure your rights are represented. In a contested divorce, the following issues are often at stake:

Before deciding on the terms of your divorce, the court takes other factors into consideration. It considers if there is a history of domestic violence when considering child custody. It reviews allegations pertaining to a spouse’s concealing of assets or information. It reviews financial information when making decisions regarding child support or spousal support. If child custody is at stake, it considers the child’s best interests. To ensure the best possible outcome, it is important to present your case in a logical manner supported by concrete evidence.

 

Legal Representation from Our Skilled Roseville Divorce Attorneys

Our client-focused advocacy sets us apart at Herrig & Vogt, LLP. We provide superior legal services to ensure that your interests are represented at all times. If you are going through a contested divorce and would like to learn more about your legal options, contact us for a free case evaluation.

Contact us online or call us at (888) 901-7484 to get started on your case today.

Child Support

Child Support

Protecting Your Child’s Future with Diligent Advocacy

When divorce proceedings involve children, there are a variety of issues that need to be resolved, such as child custody, visitation, relocation and child support. While these are all very important legal issues that must be resolved, child support is among the most significant matters because it directly impacts the well-being of your children for years to come in a divorce. Child support issues may also be raised as a separate matter in cases involving children born out of wedlock or as part of a legal separation. A steadfast Roseville family law attorney from Herrig & Vogt, LLP will put the needs of you and your children first and fight to protect your futures.

 

Overview of California Child Support Laws

Child support is necessary when the custodial parent requires financial support from the non-custodial parent to sufficiently provide for the needs of their children. When former couples with children cannot reach an amicable resolution regarding an appropriate amount of child support to be paid, either parent can petition the court for a resolution. The judge makes a decision regarding child support based on factors such as:

  • The monthly income of each parent
  • The resources of each parent
  • The amount of time each parent spends with the child
  • The financial needs of the child, including:
    • Food and clothing
    • Education
    • Childcare expenses
    • Medical bills and medical insurance premiums
    • Other needs

It can be a challenge to determine the correct amount of monthly income in cases where the non-custodial parent is self-employed or does not report all of his or her income because it is difficult to substantiate it. However, we have access to professional resources to assist in finding hidden assets and income if necessary to ensure that the other parent is paying the proper amount of child support.

 

Child Support Modifications in California

Child support orders are not necessarily permanent in nature. A modification may be necessary when there has been a significant change in income or circumstances, such as if a parent lost a job, was incarcerated, had another child or suffered a disabling event. For a change to be considered significant, it must change the child support amount by a minimum of $50 or 20%, whichever is less. Additionally, there may be changes related to the child that necessitate a modification in the custody order, such as the child’s needs have changed or the child spends more time with one of the parents. Until a modification has been entered, the parent is required to continue making the original amount of child support payments. Child support modifications cannot be changed retroactively. If a parent loses their job months ago, and does not file the modification paperwork with the court at that time, the judge is not allowed to make an order that dates back to when they lost their job.

If the parents agree on a new amount of child support that is necessary under the circumstances, they may jointly ask the judge to make a new order. However, if one of the parents does not agree, the parent seeking to change the amount of child support petitions the court to have the child support order modified. At Herrig & Vogt, LLP, our Roseville family law lawyer can assist you with modifying child support orders.


Family Law Attorney Serving Roseville, California

The family law attorneys at Herrig & Vogt, LLP are committed to helping clients in areas like Roseville and other communities. Our firm understands the need for fair child support agreements that can provide the kind of security your children deserve for years to come. With nearly 100 years of combined experience representing the needs of parents and parents, we have been instrumental in helping many children get the financial support they need. If you would like an aggressive advocate on your side in pursuing the child support you deserve, contact a Roseville child support attorney.

Receive a free case evaluation by contacting us online or by calling us now at (888) 901-7484.

Child Custody

Child Custody

Protect Your Child’s Interests with the Help of a Family Law Attorney

Divorce is often a difficult and emotional experience, but it can be even more difficult when children are involved. The extent to which the court becomes involved in a family law case concerning child custody depends primarily on whether you and your spouse are able to cooperate and negotiate an agreement. However, even when the decision is amicable, important rights and obligations are involved. Whether your case is amicable or is passionately contested, you need a Roseville divorce lawyer who can skillfully protect the best interests of you and your children.

Herrig & Vogt, LLP can provide the support, counsel, and relentless advocacy that you need for your child custody case. We understand the potential ramification of your case and the effect that it can have on your child’s well-being. We will work closely with you to build a legal strategy that is tailored to your unique situation. With one of our experienced family law lawyers on your side, you will have a vigorous advocate for your child's best interests.

 

Types of Child Custody in California

California has two categories of custody: physical and legal. It is important to understand the differences between these two types of custody.

Physical Custody

Physical custody refers to where your child will primarily live and spend their time. There are different arrangements regarding physical custody, including:

 

Joint Custody

In a joint custody arrangement, the child will split his or her time between both parents. However, in joint custody arrangements, the child does not have to split time completely equally between the parents. Some common arrangements include:

  • The child lives with one parent one week and the other parent the next week
  • The child lives with one parent during the week and the other parent on the weekend
  • The child alternates living with each parent on a monthly basis
  • The child lives with one parent during the school year and the other parent on summer and holidays

Sole Custody

In other situations, one parent has sole custody. The child lives with this parent and may have visitation with the other parent.

Legal Custody

Legal custody is who makes the major decisions related to your child, such as where he or she attends school, which medical services the child receives and which religion the child will be brought up in. There are two types of legal custody arrangements:

  • Joint Custody – Both parents have equal say and must agree on all legal decisions.
  • Sole Custody – One parent has the authority to make all legal decisions related to the child.

 

What Do I Need to Know About Child Custody in California?

Since both physical custody and legal custody can be either joint or sole, it is important that you understand your rights. You also need a knowledgeable and experienced legal advocate who can skillfully argue your case.

Most parents are usually more concerned about physical custody because it directly impacts the amount of time they will have with their children. Parents may agree to joint custody to avoid the possibility of the court ruling against them. If the parents do not agree on a custody arrangement, the court makes all custody decisions based on what they believe is in "the best interests of the child." The court also begins with the assumption that joint custody would be better for the child unless outside factors indicate otherwise.

 

Visitation Rights and Parenting Plans in California

If one parent has sole custody, a parenting plan must be created that details when the other parent will have time with the child. This parenting plan should include how time is divided during the following times:

  • Weekdays and weekends
  • Birthdays
  • Holidays
  • School vacations
  • Family vacations

The parents can negotiate a parenting plan. However, the court must approve it and always considers the best interests of the child first. The court retains oversight over the custody order. If a significant life change occurs after the custody order is entered, the parent can petition the court for a modification of child custody.

 

Get Proven and Experienced Child Custody Counsel

Our firm understands that when children are involved, cases must be handled with a special level of care. At Herrig & Vogt, LLP, we have more than 100 years of combined experience that we put to use on each and every case. Our Roseville child custody attorneys are here to represent your rights throughout the custody process.

Contact us online or call (916) 472-0376 to schedule your free consultation with a firm that cares.

Parenting Time (Visitation)

Parenting Time (Visitation)

Some of the most pressing concerns that people with kids have are what impact their separation will have on their children and the relationships they have with their children. It could be the most important and contested aspect of your case and it is also one of the most difficult to successfully navigate.

Determining which parent will have physical custody and legal custody of the children can be a complicated issue with many factors that the court must take into consideration. It is up to you to show the court which factors are most important to your family, and to ensure that the court makes a decision that you believe to be in the best interests of your children. The determination of physical custody will set the stage for your discussions on parenting time arrangements.

Parenting time can take many forms and involve a myriad of complex timeshares. Having an attorney who understands your schedule and has the ability to craft creative parenting plans is key to ensuring that you see the children as much as possible. Having the kids when you have time to be with them is crucial to maintain a strong connection to them.

The Attorneys at Herrig & Vogt will help you craft a plan that includes pick-up and drop-off times and locations, a detailed a holiday schedule and help you to anticipate any future issues with parenting time and plan for necessary changes as your children get older. An experienced attorney helping you to create a detailed and specific plan reduces confusion and makes visitation expectations clear so as to avoid any unnecessary future conflicts.

Mandatory Mediation

The courts often rely on the expertise of a court-appointed mediator to assist them in assessing the best interests of the child or children. When you file your motion you will be scheduled to see the mediator, who is a licensed marriage and family counselor and whose services are paid for by the court. The mediation appointment will be with both parents and sometimes the children – no attorneys will be present. The mediator’s goal is to assist the parents in reaching an agreement that they could present to the court. If an agreement is not reached, however, then the mediator will prepare a recommendation that will be sent to both parents and the Court. The attorneys at Herrig & Vogt can help you prepare for the mediation appointment and can help you understand the report and how best to respond to it at your next court appearance.

Our team has helped many clients navigate this challenging aspect of divorce. If you have any questions about visitation or parenting time please contact our family law attorneys.

Divorce

Divorce

The reasons for initiating a divorce are as diverse as the people who make the decision to start the process, but for those who successfully navigate it there is often one common fact: They had the help of an attorney. The modern family becomes more complex and dynamic every day– making it all the more important that you find someone who can guide you through the process, make sure you’re taken care of, and help you move on to the next chapter of your life.

A typical divorce case can involve a myriad of issues. Divorces can involve the division of a sizeable and complex estate, but can also involve the allocation of substantial debt between the parties. Still others may involve the ownership and valuation of a family-owned business or the division of substantial pension and retirement assets. Child custody, child support, or spousal support are also very common issues in divorce and can become complicated. Allegations of domestic violence or substance abuse can add even more complications to an already challenging issue.

Some people may be looking for help presenting their argument most effectively in court, while others may just need help preparing the documents for a quick, uncontested divorce. No matter what you’re facing, the attorneys at Herrig & Vogt are prepared to present your position on these issues, whether it is negotiating with your spouse or appearing in court. You’ll have an ally there to and help guide you through the process no matter what your individual circumstances are. Rest assured that we are dedicated to helping you achieve a fair and full settlement and resolution of these challenging issues.

We can also provide limited-scope representation to assist you with specific issues that may be especially contentious or that you may wish to obtain input and advice on from an expert.

If you have any questions about divorce, don’t hesitate to contact our experienced family law team.

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