Practice Areas
The Reape-Rickett Law Firm provides accomplished legal representation in divorce, annulments, domestic violence restraining orders, paternity, child custody and visitation, child support, property division, spousal support, mediation and premarital agreements and more. We recognize that the outcome of divorce has a tremendous impact on the lives of our clients and their children. Therefore, we vow to always provide personal attention, listen carefully to our clients’ desires, and present reasonable expectations of what to expect from the courts.
For additional information click here or the practice area of interest.
Divorce and Legal Separation
California is a "no fault" "community property" state. "No fault" means that neither party has to show fault to end the marriage. The party seeking the divorce only needs to show there is "irreconcilable differences", i.e., the parties can no longer get along. In California, there are three ways to end a marriage or registered domestic relationship: divorce, legal separation, or annulment – and it only takes one party to end the marriage.
Spousal Support
Spousal support or alimony or partner support (domestic relations) is typically ordered when spouses or domestic partners separate. The court will order one spouse to pay the other a set amount per month. Typically, spousal support can be ordered at two different phases in a case: Once when the parties initially separate or what is termed "temporary spousal support"; and a second time generally at the time of trial, or what is called "permanent spousal support".
Paternity
A paternity lawsuit is a petition to determine a parental relationship. It is most often filed to determine the father of a child but that is not is its exclusive use. It is commonly filed to establish financial responsibility for a child or to secure both the rights and responsibilities of a parent.
The most common cases rely on admissions or DNA evidence to show a biological link between a child and the father. The also law recognizes a class of “presumed” fathers who through their own conduct have assumed a parental role. A presumed father can press for rights and be pressed for responsibilities just as if he were a biological father.
Family Formation
We established our Family Formation practice area in response to our community’s growing need for counsel and representation throughout the process. Many couples and individuals have found themselves building families through adoption as well as through the use of Assisted Reproductive Technology ("ART"). ART, according to the American Society for Reproductive Medicine, includes all fertility treatments in which both eggs and sperm are handled. Our clients include married couples as well as individuals, gay or straight, step-parents, surrogates, co-parents and grandparents.
High Net Worth Divorce
Family law matters are often complex and require personal attention to find the best solution to a multitude of issues including, but not limited to, child and spousal support, child custody, and property division. For clients of considerable net worth, these issues are often magnified as property and support issues are more complex. Doctors, business owners, professional athletes, actors and other high income earners require legal expertise to formulate winning legal strategies to protect their family and assets.
Child Support
Child support is the monthly amount of money the court orders a parent to pay for the child(ren)’s cost of living. It is determined by a computer program. Once all the relevant factors are input into the program, the resulting amount will be a "guideline" amount. It all starts with California Family Code, §4053, and the importance the legislature has placed on child support.
Meditation and Alternative dispute resolution (ADR)
Courts of law are not the only forums to resolve disputes. While only a court can dissolve a marriage between living persons or make orders for the care, custody and support of children as well as orders with respect to the division of assets and debts the court does not have to be the only entity resorted to in order to resolve the dispute. In fact litigating in court is often times the more expensive approach. By expense I relate to out of pocket financial cost and value of lost time as well as emotional cost.
Grandparent's Rights
Divorce, legal separation, paternity and other family law issues impacts are not limited to parents and children. For many members of the extended family these changes can limit or sever relationships. Fortunately current judicial statues are shifting and placing increased value on maintaining relationships between grandparents and their grandchildren. Grandparent's rights is an emerging area of family law and is often enacted to assert or protect the valuable relationship between grandparents and their grandchildren
Property Issues
Every case requires analysis to determine if there is any quasi- community or separate property. Other issues may arise with respect to property that appears to be mixed or having both a separate and community interest in them such as a business, real estate or retirement plan that existed prior to marriage. Expertise is required not only in identifying property be it tangible, intangible, vested, non vested or simply a contingent future interest. After identification there are valuation issues that arise that can be fairly complicated and require experience to be able to probe any opinion of value offered.
Child Custody and Visitation
Courts commonly refer to these issues in terms of legal and physical custody. Legal custody generally refers to the right and responsibility to make decisions relating to the health, education and welfare of the children. Such things as enrollment in public and private school, participation in extracurricular activities, authorization of a driver’s license, issuance of a passport. Physical custody is used to describe the time of physical responsibility each parent has.
Prenuptial and post-nuptial Agreements
The Family Law attorneys at The Reape-Rickett Law firm are highly experienced with the negotiation and drafting of prenuptial and post-nuptial agreements. These agreements can be used to protect separate assets and define what property acquired during the marriage will be considered community, separate or both. The agreements may also be used to insulate from debts and liabilities of a spouse who may put the community at risk. Prenuptial and post-nuptial agreements can be tailored to define the scope of assets or income affected by its terms.