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2400 E. Katella Avenue
Anaheim, CA 92806
Bixby Office Park
3020 Old Ranch Pkwy.
Seal Beach, CA 90740
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BNI, Networking to family law attorney, 2012
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Dissolution of Marriage (Divorce)
At The Tello Law Corporation, we understand that going through a divorce is one of the most difficult issues our clients will face. Decisions you make during this process have a lasting impact on your family, your assets, and your finances. Ariel A. Tello, Esq. will handle everything from simple uncontested dissolutions to extremely contentious divorce litigation matters, involving extensive assets and complex child custody issues. No matter the scope of your case, Mr. Tello, is the best family law attorney who will work tirelessly to protect your rights and ensure that all agreements, property divisions, and custody arrangements are fair to you and your children.
In addition, we have particular experience assisting those seeking divorce or relief from an abusive relationship. Mr. Tello understands the process of obtaining necessary restraining orders that will help protect victims and their children.
Complex Property Distribution
California is a Community Property state, meaning that "all property, real or personal, wherever situated, acquired by a married person during the marriage" is the property of both spouses. During a divorce, the court will determine what, if anything, is the separate property of only one spouse. At The Tello Law Corporation Ariel A. Tello attorneys has extensive experience handling complex property distribution matters, particularly in large estates where there are significant investment and property holdings both in and out of California.
Spousal and Child Support
Ariel A. Tello has the vast experience of handling the wide range of spousal and child support arrangements, including in cases where one or both spouses are considered high-earners. Support may be ordered to be paid by either or both parties, and is decided based on a comparison of their net income. Child support is determined based on the best interests of the child or children, and generally lasts until the age of 18. Child support is calculated based on:
• The earning capacity of each parent
• The number of children
• How much time the children spend with each parent
• Medical, education, and other expenses
The parents can also agree on a different amount not based on the guideline; the court will generally approve if the agreement is in the best interests of the children.
Complex Custody and Move-Away Cases
When a marriage that has produced children ends in divorce, determining custody arrangements can prove to be one of the most emotionally difficult and contentious obstacles to achieving a resolution. In a divorce, two separate types of custody must be determined:
• Physical custody refers to which parent the child actually lives with and when.
• Legal custody refers to which parent retains the right and responsibility to make educational, medical, and religious decisions regarding the child's upbringing.
Although sole custody may be granted when it is in the best interest of the child, all custody decisions start out in favor of some form of joint custody. In these cases, a visitation plan will outline how the parents will share custody.
At The Law of Ariel A. Tello, Mr. Tello can assist clients with both simple and complex custody and visitation matters, including "move-away" cases, where one parent wants to relocate outside of California, or even outside the country.
Under California paternity law, "the child of a wife cohabiting with her husband - is conclusively presumed to be a child of the marriage." However, in many cases, a child is born out of wedlock, or the mother's husband is not the father. Establishing paternity can have a significant impact on custody, visitation rights, and child support obligations. While many parents choose to establish paternity voluntarily, it is sometimes necessary to obtain a court order. Ariel A. Tello has experience handling the legal aspects of all types of paternity matters.
Under California law, Domestic Partners, or same-sex couples who file a Declaration of Domestic Partnership with the Secretary of State, are afforded the same rights, and are subject to the same obligations and responsibilities, as spouses in a marriage. Should the parties wish to dissolve the partnership, Mr. Tello can assist in both the dissolution and any related legal issues that may arise, such as custody of adopted children or support matters.
Premarital and Postmarital Agreements
A premarital or prenuptial agreement allows parties contemplating marriage to decide in advance how their property will be divided in the event of a divorce or separation. Premarital agreements are especially common in situations where one spouse has disproportionately more property or assets than the other. A postmarital (postnuptial) agreement is similar, but differs in that it is undertaken following the commencement of a marriage. At The Tello Law Corporation, Mr. Tello is skilled at negotiating between parties and carefully drafting these agreements to minimize the chance that disputes will arise in the unfortunate event of a divorce, and to ensure that, should a dispute arise, your assets will be protected.
Post-Divorce Support and Custody Modifications
Sometimes, even after a divorce is final, a parent's circumstances may change significantly due to a loss in income or a change of location. In these cases, the California Family Code allows the court to set aside or modify a support order. If you or your spouse's circumstances have changed in some way, Ariel A. Tello will work to advocate for your best interests, and the best interests of your children, in the court's modification of support and custody orders.