Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. 

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. 

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

If you or someone you know needs the legal counsel of an experienced San Francisco Family Law Attorney, call Roger L. Meredith today at 866-685-9471, or complete the contact form provided on this site to arrange for your initial consultation.  Please note: we accept cases for representation only in the immediate San Francisco Bay Area, including the counties of San Francisco, Marin, Alameda, and San Mateo. 

Professional Profiles

The San Francisco Family Law Attorneys of the Law Offices of Roger L. Meredith are experienced, dedicated attorneys, working in close association with the finest investigators and experts, striving to meet the needs and concerns of clients with personalized service and the utmost professionalism.  Please call the Firm today at 866-685-9471 to arrange for your initial consultation.

FIRM ADDRESS:
Law Offices of Roger L. Meredith
220 Montgomery Street
Suite 496
San Francisco, CA 94104
Phone: 866-685-9471
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Roger L. Meredith
• Ingrid Eberle
• Angela T. Mitchell

Roger L. Meredith, the principal attorney in the firm, graduated from the University of Chicago (AB, MA) and Rice University (PhD) before attending New College of California. He received his law degree and was admitted to practice in 1978. Since that time, he has maintained a general litigation practice at various times in association with other attorneys but since 1982 in solo practice with associate and contract attorneys assisting.

He has served as a Judge Pro Tem in San Francisco for many years. He has been an arbitrator in San Francisco for many years. He is a member of the Bar Association of San Francisco, State Bar of California, California Lawyers for the Arts. He has served on many boards and committees including the Committee of Bar Examiners for the State of California and the LRIS Committee of the San Francisco Bar Association and various neighborhood and homeowners associations.

Ingrid Eberle, an associate attorney, graduated from the University of Wisconsin - Madison (BA with honors) before attending Boalt Hall School of Law at the University of California-Berkeley. She received her law degree in 1998. Prior to joining the firm, she spent several years working as a corporate attorney in the areas of securities and mergers & acquisitions at two large international law firms in New York and San Francisco. She is a member of the California, New York and Wisconsin bars. Ms. Eberle handles all aspects of litigation at the firm, including complex child custody matters.

Angela T. Mitchell, an associate attorney, graduated from George Washington University in Washington, DC with a degree in Women’s Studies and Psychology.  She attended Santa Clara University School of Law, where she earned her J.D. with an emphasis in Public Interest and Social Justice Law.  Angela joined the firm to work primarily in family law and probate.  She was admitted to the California Bar in December 2005, and is a member of the Bar Association of San Francisco.