Wade Litigation is a family law firm serving Novato and Marin County, handling divorce, child custody, child and spousal support, domestic violence restraining orders, parentage, and prenuptial and postnuptial agreements. Our attorneys appear regularly in the Marin County Superior Court at the Civic Center in San Rafael, and we approach every family matter with the preparation of trial lawyers and the judgment to know when a case should settle. Wade Litigation offers a no-cost case evaluation so that you understand your options before you commit to anything.
What a Novato Family Law Attorney Handles
Family law covers every legal issue that arises when a family relationship forms, changes or ends. In practice that means divorce and legal separation, child custody and visitation, child support under California’s guideline formula, temporary and long-term spousal support, domestic violence restraining orders, parentage actions for unmarried parents, premarital and marital agreements, and requests to modify or enforce orders that already exist. Many of these issues arise together inside a single divorce. Each can also arise on its own, and each follows its own statutes, forms and deadlines.
Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office across the Golden Gate. Marin’s high property values and dual-income households mean that even a straightforward divorce can involve a substantial family home, stock compensation, and retirement accounts that must be characterized and divided correctly.
How Family Law Cases Move Through Marin County Superior Court
Most Marin County family cases begin with a petition and a summons, followed by the exchange of preliminary financial disclosures. If the parties need orders before the case is finished, either side can file a Request for Order asking the court for temporary custody, support, or use of property. Contested custody and visitation issues are referred to Family Court Services for mediation before a judge decides them, and where the mediator provides a written recommendation it carries real weight with the court. Cases that cannot be settled proceed to a settlement conference and, if necessary, trial. Knowing how the local departments schedule hearings, what judges expect in declarations, and how to prepare a client for a Family Court Services appointment is a large part of what a local family law attorney adds.
Divorce and Legal Separation in Marin County
California is a no-fault state, so neither spouse has to prove wrongdoing. To file, one spouse must have lived in California for six months and in Marin County for three months. The marriage cannot be dissolved until at least six months after the other spouse is served, although property, support and custody can be resolved sooner. Community property, which is nearly everything acquired during the marriage, is divided equally, while separate property acquired before marriage or by gift or inheritance stays with the spouse who owns it. Legal separation follows the same process without the residency requirement and without ending the marriage, which some clients choose for religious, insurance or timing reasons.
Child Custody and Child Support
Custody in California is decided on the best interest of the child, with a policy favoring frequent and continuing contact with both parents when that is safe. Legal custody covers decisions about school, health care and religion; physical custody covers where the child lives. Child support is calculated with the statewide guideline formula from each parent’s income and the time the child spends with each parent, and the court can depart from the guideline only in limited circumstances. Our Novato family law attorneys build the income evidence and timeshare record that drive both calculations, and we handle modification and enforcement when circumstances change or a parent does not comply.
Spousal Support
Temporary spousal support while a case is pending is usually set by formula. Long-term support after judgment is decided under Family Code section 4320, which weighs the length of the marriage, each spouse’s earning capacity, contributions to the other’s career, age and health, and the standard of living during the marriage. For marriages of ten years or longer the court keeps jurisdiction over support indefinitely. We represent both paying and receiving spouses and are experienced in cases involving self-employment, bonus and commission income, and imputed income.
Domestic Violence Restraining Orders
A domestic violence restraining order can be requested on an emergency basis and, if granted, can affect custody, the family home and firearms. We represent clients seeking protection and clients who need to defend against a request, and we move quickly because the hearing is typically set within a few weeks of the filing. If you are in immediate danger, call 911 first.
What Family Law Representation Costs
Family law attorneys in California generally bill hourly against a retainer. The total cost depends almost entirely on how much is disputed: an uncontested divorce with full agreement costs a fraction of a contested custody or property case. We give every client a realistic estimate at the outset, explain what drives cost, and look for opportunities to resolve issues by agreement without giving up leverage.
Why Novato Families Choose Wade Litigation
Our firm was built by litigators, and our family law attorneys prepare every case to be decided by a judge. That preparation is what produces strong settlements. Clients also choose us because we return calls, explain the process in plain language, and tell them where their case stands at every step. Wade Litigation has been recognized by the National Academy of Family Law Attorneys and the American Institute of Family Law Attorneys, and our founder, Amiel Wade, has built a record of more than 300 winning cases.
Family Law Attorneys Serving All of Marin County
We represent clients in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin County. Consultations are available by phone and video, and our team can meet you in person by appointment. Contact Wade Litigation today for a no-cost case evaluation.
How long does a divorce take in Marin County?
At least six months from the date the respondent is served, because California imposes a mandatory waiting period. Uncontested cases are often finished close to that minimum. Contested cases involving custody disputes or complex property can take a year or more depending on the court’s calendar.
Do I have to go to court for my family law case in Novato?
Not always. Many divorces and custody matters are resolved by written agreement and submitted to the court without a hearing. If the parties cannot agree, the court will hold hearings and, if necessary, a trial at Marin County Superior Court.
Is mediation required before a custody hearing?
In most contested custody cases, yes. California requires parents to attend child custody mediation through Family Court Services before a judge rules on disputed custody or visitation. We prepare clients thoroughly for that appointment because the mediator’s recommendation often shapes the court’s order.
How is child support calculated in California?
With a statewide guideline formula based primarily on each parent’s net income and the percentage of time the child spends with each parent. Health insurance, mandatory retirement contributions and other children supported also affect the figure. The court can deviate from the guideline only in limited situations.
Can I change a custody or support order later?
Yes. Custody orders can be modified when there has been a significant change in circumstances, and support orders can be modified when income or timeshare changes. A modification requires a new Request for Order; the existing order stays in force until the court changes it.
What areas of Marin County do you serve?
All of them. Our family law attorneys represent clients in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur and the rest of Marin County, with consultations by phone, video or in person by appointment.
Clients Throughout California
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