At the Law Offices of Swati S. Desai, we are committed to being a voice for our clients in the courtroom, we are prepared to build a strong case on your behalf, and negotiate for a settlement or agreement that serves in your best interest.
The Law Offices of Swati S. Desai represents clients in the area of family law. Family law usually involves issues of divorce, legal separation, nullity of marriage, child support, child custody, visitation, spousal support (alimony), property division, restraining orders and paternity. Mrs. Desai handles these matters with enthusiasm and intensity. Domestic relations cases are often emotional and stressful episodes in peoples' lives. We do our best to guide our clients through the process and achieve a result which is equitable and which will allow them to move on with their lives.
We will evaluate your situation, help you come up with an effective legal plan of action, and provide you with our professional guidance at each step of the legal process. Most importantly, we are dedicated to ensuring that your needs and objectives are addressed and that the legal proceeding results in a fair outcome.
AREAS OF PRACTICE
Nullity of Marriage
Child Custody & Visitation
Limited Scope Representation
The two most commonly contested issues in divorce are the division of marital property and child custody. In order to advance our clients' interests in these areas, it is sometimes necessary to bring in experts to review the situation and provide an opinion.
In developing a legal strategy, we are mindful of the need to be cost effective and to minimize the utilization of expensive legal processes. We maintain close communication with clients concerning legal expenses and endeavor to supply cost implications of alternative legal options.
CHILD CUSTODY AND CHILD SUPPORT
There are two types of custody: legal and physical. The courts in California must make decisions concerning children based on what is in the best interests of the children.
California child support is determined using guidelines established by state law. California child support guidelines are based on each parent's monthly income and the amount of time the child is cared for by each parent. The court will consider income from all sources, whether or not it is reported or taxed under federal law.
When a custodial parent is planning to move out of state or further away from the existing location, the moving parent must obtain a court order to do so. It is extremely important that you meet with an attorney whether you are the custodial parent planning on relocating your child out of state or you are concerned about the impact your ex's move will have on your right, as a non-custodial parent, to visitation.
Unmarried mothers and fathers need representation to determine paternity of a child. A father wants to prove paternity to spend time with his son or daughter. A mother wants the father of her child to pay support. The development of a parenting plan involving both parents is vital to the healthy development of children. We are experienced in taking legal action to force a DNA test.
A spousal support award is not mandatory in dissolution or legal separation proceedings in California. Quite the contrary, courts have discretion (within statutory parameters) to deny spousal support altogether or to limit it in an amount and duration that reflects the ability of both parties to provide for their own needs.
Whether you are seeking to collect spousal support or protect yourself against unmanageable obligations, we will identify all of your needs and articulate your rights to the court.
Generally, all property acquired during the marriage is community property and subject to division by the court. Separate property is property owned by a party prior to the marriage or obtained as a result of inheritance or gift from outside of the marriage. Separate property is usually not divided by the court.
The law protects people in California from the threat of violence and acts of abuse. If you feel like the safety and well-being of you and your family is in danger, then it is important to hire an attorney who can help you petition the courts for a restraining order against your abuser. Here at the Law Offices of Swati S. Desai, we are experienced in this area of family law, and have helped many victims and their families obtain restraining orders in a timely and efficient manner.
Domestic violence cases can have a serious impact on the legal determination in family law cases. A domestic violence finding may prevent you from custody or visitation rights. A record of domestic violence may also prohibit an offender from taking certain jobs or obtaining certain legal rights. At the Law Offices of Swati S. Desai, we have represented both men and women in obtaining restraining orders against abusers.