DK Law Office
A Professional Corporation
Phone: (408) 264-8489






Our Approach to Family
Law Matters

If you are researching attorneys who practice Family Law (Divorce), you probably fall into one of the following categories:


  • You are contemplating leaving your marriage. You have your reasons (which may be valid, but CA is a "no-fault" divorce state, and the only grounds are irreconcilable differences and insanity.) Your spouse might not know about this development and you need a confidential consultation.

  • You are in shock because you have just been served with divorce papers or have just been told by your spouse that he or she wants a divorce.

  • You and your spouse have agreed on at least one thing lately, you have both accepted the death of your marriage and you both want to proceed with economy and dignity to achieve an equitable and fair resolution.

  • You are contemplating marriage (or you are already married) and you want to define the property rights and support obligations between you and your spouse.

  • You are already divorced and due to a change in circumstances, you need to modify your court orders with respect to support or custody.

  • You already have a judgment or court orders that require enforcement and/or payment of monies due.

  • You are the parent of a child. You and the other parent are not married, but you want to formalize the parent/child relationship and provide for the support of that child.

  • You are in a domestic relationship that endangers you and/or your children. You need an order of protection from the court to help stop the violence.  Or you may have been falsely accused of domestic violence and you need to have your version of what happened presented to the court.  

In each of these scenarios, you need legal advice. You don't need drama. You don't need revenge. You don't need vindication as the "innocent spouse." You need practical legal advice and cost-effective advocacy to help define and achieve your goals.

We want to be the firm that helps you achieve the peace and "peace of mind" that comes with a dignified application of Family Code to the problems you want to solve.


Family Law Services

Litigation
Resolution of disputes using formal discovery, motions practice, trial court work and (if necessary) an appeal.  A Superior Court Judge will be making decisions about your life:
1.  Custody/Support of your Children.
2.  Spousal Support (amount & duration).
3.  Confirmation of Separate Property.
4.  Division of Community Property.
5.  Reimbursement Rights.
6.  Validity of any Agreements.
7.  Date of Separation. 

ADR
Alternative Dispute Resolution (ADR) addresses all the same issues as Litigation.  If both parties agree, you retain control of the entire process through:
1.   MEDIATION.  Hiring us as a neutral mediator to facilitate negotiations and draft/file all documents necessary to resolve all of the issues of your case.  
2.   COLLABORATIVE LAW. Hiring us as your lawyer to work with the other side and their lawyer to mediate a solution.
3.   PRIVATE JUDGE.  In California, you can hire a private judge to make legally binding decisions without a formal trial in a courthouse. 

Agreements
Enforceable Agreements under the Family Code must be in writing:
1.   Pre-marital (aka Prenuptial) Agreements are made in contemplation of marriage and set forth the rights and obligations of the parties during the marriage; and provide a way to mitigate the impact of divorce.
2.   Marital Agreements are made during marriage to alter the default characterization of the property rights of the parties.
3.   Marriage Settlement Agreements (MSA) are made in contemplation of dissolution. They resolve property & support rights between parties and can be used to provide for the custody and care of minor children.

Post-Judgment
You may already be divorced, but changed circumstances require a modification of the judgment to address:
1.  Child/Spousal Support Modification.  Has your income changed?  Has your ex-spouse's income changed?  Has visitation timeshare changed?
2.  Child Custody/Visitation Modification.  Have the needs of your children changed?  Is either parent contemplating a move-away that will interfere with the status quo?

Domestic Violence
Domestic Violence robs its victim of safety. Do not negotiate with violence.  Take immediate action of you are a victim.

Domestic Violence robs the agressor of the respect of the community and the trust of family and friends.  And there may be criminal penalties. 

Children in homes where Domestic Violence occurs are victims.  Injuries come in many forms and are not always visible.  If your children are victims, you risk losing them to the juvenile justice system for failing to protect them.  A one-time incident might be forgiven, but it has consequences, including the possibility that your contact with your children will be severely limited.

Domestic Violence requires immediate action.