Take Control of Your Future: Schedule a Consultation Today

When a legal family law issue arises, the decisions made today can affect your life for many years to come. The BC Miles Law Group serves the Inland Empire with a focus on diligent preparation, focused advocacy, and results. We prioritize your goals if you are ending your marriage, seeking to establish parental rights, or facing other family legal matters.

Book an initial consultation today to get started. 

Comprehensive Divorce Representation

Divorce is more than the end of a relationship. It is a complex legal process involving the division of assets, a decision about child and spousal support, and restructuring your daily life. California law follows a no-fault system, meaning a spouse does not need to prove wrongdoing to obtain a dissolution of the marriage. You are only required to cite irreconcilable differences that have caused an irremediable breakdown of the marriage, under the California Family Code Section 2310.

Uncontested Divorce and Contested Divorce Lawyer

Our experienced attorneys handle uncontested and contested divorces. If you and your spouse can agree on all terms, we can help you formalize the agreement to ensure it meets court standards. On the other hand, if disputes arise regarding property, custody, or conduct, we can prepare to litigate your interests in court. We handle high asset cases involving real estate holdings, business valuations, and retirement accounts.

Community Property and Asset Division

California is a community property state. As stated in Section 760 of the Family Code, all real or personal property acquired during the marriage, with certain exceptions, is considered community property, owned equally by both spouses. Separate property includes anything owned by either spouse before the marriage or acquired by gift or inheritance during the marriage.

Disputes can arise when separate and community assets are mixed. For example, if you received an inheritance and used it to pay down the mortgage on the marital home, you may be entitled to reimbursement. Our legal team works to trace assets and ensure the division of property is fair and compliant with state law.

Child Custody and Visitation

The most critical aspect of any family law case involving children is the welfare of the children. California courts base custody decisions on the best interests of the child, considering factors such as the health, safety, and welfare of the child and any history of abuse by a parent. The two types of child custody are physical custody, which refers to where the child lives, and legal custody, which is the right and responsibility to make major decisions regarding the child’s health, education, and welfare.

Family courts in Ontario generally prefer joint custody arrangements that allow the child to maintain frequent and continuing contact with both parents. If one parent poses a risk to the child, however, we advocate for sole custody or supervised visitation to ensure a safe environment. Our skilled family law attorneys can help parents create detailed parenting plans that address school schedules, holidays, and transportation.

Child Support

Both parents have a legal duty to financially support their children. California uses statewide uniform guidelines to calculate child support in a complex mathematical formula. The calculation begins with the gross income of both parents and subtracts specific items to determine net monthly disposable income.

Deducted items may include the following:

• Income tax liability (taxes actually payable)
• FICA and Medicare taxes
• Mandatory deductions, such as union dues and retirement account contributions
• Health insurance premiums (for the parent or child) and State Disability Insurance premiums

The court may order “add-on” support for expenses such as childcare, educational needs, and uninsured medical costs. As the formula is specific, it is vital to ensure all income sources and deductions are accurately reported. We assist clients in preparing the required financial disclosures to ensure the final support order is fair and complies with the law.

Spousal Support

Alimony is not automatic in a California divorce. Courts have broad discretion in determining whether to award spousal support and for how long. For temporary support while divorce cases are pending, judges often use a formula.

For long-term or permanent support, however, the court must consider various factors, including the following, pursuant to Family Code Section 4320:

• Marketable skills of the supported party
• The extent to which the earning capacity of the supported party is impaired by periods of unemployment during the marriage
• Ability of the supporting party to pay
• Duration of the marriage
• Age and health of the parties

Marriage duration significantly influences the court’s approach to spousal support. Marriages that last 10 or more years are generally considered long-duration marriages under California law. In such cases, the court may retain jurisdiction over support indefinitely, meaning there is no automatic termination date of the court’s power to order or modify alimony. While in shorter marriages, support often ends after a period equal to half the length of the marriage, long-duration marriages require the court to maintain oversight, unless the parties agree otherwise or the court orders a termination date based on the facts of the case.

Domestic Violence Restraining Orders in Ontario, CA

Safety is the highest priority in family law. Under the Domestic Violence Prevention Act, abuse is not limited to physical violence. It may also include threats, harassment, or stalking. A victim of domestic violence may seek a Domestic Violence Restraining Order (DVRO). This temporary order can be granted the same day you file your application. It can remove an abuser from the home and grant you temporary custody of the children.

We provide immediate assistance to those in danger. If you have been falsely accused of domestic violence, we can defend your rights. A restraining order could have significant consequences that affect your ability to see your children and your right to possess a firearm.

Establishing Paternity

For parents who were never married, the first step in seeking custody or support is to establish legal parentage. This must be done before the court can issue any orders. Paternity can be established through a Voluntary Declaration of Parentage or by filing a court action for a genetic test.

Establishing parentage gives the child the right to financial support and inheritance. It gives the parent the legal right to access the child’s school and medical records and the right to seek custody and visitation. We guide mothers and fathers through the legal process to ensure the child’s parentage is recognized by the state.

Modifications of Court Orders

Change is one thing that is certain in life. You may relocate or lose your job, or your child’s needs may change. If a significant change in circumstances occurs after a divorce or custody case is finalized, you may petition the court to modify existing orders.

Never rely on verbal agreements with a former spouse. Only a court-ordered modification is legally binding. We help clients file the necessary motions to bring their legal obligations in line with their current reality.

Contact an Ontario Family Law Attorney Today

Waiting to seek legal advice can limit your options and impact the outcome of your case. Whether you are beginning a divorce, need to change a custody order, or are dealing with another family legal matter, the BC Miles Law Group can assist you. Our Ontario divorce lawyers take a personable, hands-on approach. We believe you deserve clear, open communication and our full support.

Call 909-451-7005 to schedule a free 30-minute consultation.