Tryon & Pascale P.C.

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Although getting a divorce is technically just a legal formality, in reality it brings to the surface many conflicting and negative emotions related to your marriage. The way to put yourself in control during this difficult time is to take charge of your perception. Our goal is to help you control your perception during the process of your divorce or dissolution by acting as an emotional buffer between you, our client, and the legal process. Prenuptial & Postnuptial Agreements California is a 'community property' state, meaning that, as a general rule, anything that you acquire during your marriage belongs to both spouses equally (unless it was a gift or inheritance), regardless how it was earned it or how title is held. However, couples can enter into agreements to the contrary. If such an agreement is entered into prior to the marriage it is called a prenuptial agreement. If at any time after the marriage, it is called a postnuptial agreement. Child Custody & Visitation (Parenting Plan) Court orders relating to child custody address both legal and physical custody of the child or children. Legal custody relates to issues such as medical and school-related decisions. Physical custody, as the name implies, relates to who the child physically spends time with. The courts make these determinations based upon what would be in the best interest of the child. Spousal Support Whether to grant a request for spousal support is largely to the discretion of the courts and, if awarded, the amount would be based on a variety of factors such as earning capacity during the marriage, disparity of earnings and the length of the marriage. Equitable Property Distribution Because California is a 'community property' state, upon divorce or dissolution of domestic partnership, all of the property earned during the marriage should be equitably or fairly divided. Often, this requires dividing investment accounts, IRAs, pensions and retirements. Our office will help facilitate any necessary division of property to effectuate the agreed or court-ordered division. Modification of Custody & Support Often times the circumstances that exist at the time orders are made regarding custody & support will change, justifying a change in the order itself. Orders of child support are modifiable until the child reaches 18 years of age or, if over 18, until the child is out of high school. If you are paying or receive support and you have experienced a change in circumstances, our office will help you secure an order that is based upon your present situation. Paternity In California, if a child is born during the marriage, there is a legal presumption that the husband is the father. If you are an unmarried father who is seeking visitation with your child or an unmarried mother who wants child support, you must first establish a legal father-child relationship. Our office can help facilitate getting an order of paternity so that you can receive the rights and benefits that you are entitled to as a parent.

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