For 30+ years attorney Gerard A. Falzone has represented clients in all San Francisco Bay Area counties in divorce and family law litigation, mediation and settlements. Free telephone consultation.
I no longer represent clients in contested court litigation. My legal practice is now exclusively helping clients resolve divorce and family law matters by agreement, as a mediator, or as a consulting attorney.
Child Support
Child support is almost always granted to the custodial parent and depends on the average annual income of the non-custodial parent. In some cases, a non-custodial parent will be dishonest about his/her wages, or hide “under-the-table” income. In these cases, Mr. Falzone has expert P.I.s which can uncover the fraud and present evidence to the court. In cases where physical custody is the responsibility of both parties through joint custody, child care may not become an issue.
Child Custody and Visitation
Mediation is an increasingly popular way for couples to settle family law disputes without the emotional and energetic drain of the courtroom. As a mediator, I do not take sides; rather, I work with both parties as a neutral educator and facilitator, informing them about common court practices and rulings and helping them to determine the most wise and fair means of settling every aspect of their divorce and/or child custody disputes. As a mediator, I do not make decisions. I will, however, guide a couple as they make their own decisions. My firm will also complete the family law documents on the parties’ behalf and will draft the terms of the divorce and child custody agreements as needed.
Paternity
A paternity action involves Court proceedings that determine the paternity of the father if that is an issue, and also decide child custody, visitation and child support issues. Related issues concerning property and restraining orders can also be decided by the Court. Paternity actions can be resolved by agreement, and if they are, there is no need for anyone to go to Court. As in all my cases, I try to resolve paternity cases by agreement, if at all possible.
Premarital Agreement
Marital legal counseling as part of the preparation of their Prenuptial Agreement. But even if a couple has no interest in signing a Prenuptial Agreement, I strongly believe they should obtain legal advice concerning what their marital rights and responsibilities will be after their wedding. It is with pleasure that I give legal counsel to couples who plan to marry, not with the anticipation of their marriage ending, but to make sure they both know how marriage will change their legal rights, and thereby allow them to make sure that their true intentions will be put into effect. I believe that such accurate and clear communication at the beginning of a marriage fosters the open communication and common understanding that allows marriages to flourish.
Spousal Support
Formerly referred to as “alimony” spousal support is often requested when one partner is a significantly higher wage earner than the other. In some cases, the divorce has to be final before support is supplied. In other cases, spousal support may be paid until an indeterminate amount of time which is decided on by the clients, if they are in agreement, or by the judge if one party is resistant to the spousal support petition.
Legal Separation
At the Law Offices of Gerard A. Falzone, you will find a divorce attorney serving the city of Hayward with an innate understanding of his clients’ needs. Mr. Falzone has a background in psychology, as well as a law degree, which gives him a more in-depth understanding of the emotional upheaval clients experience as they navigate the complex and challenging realm of divorce. From arranging the details surrounding a legal separation, through the specific steps which lead to a divorce settlement, Mr. Falzone and his staff consider themselves partners with their clients every step of the way.
Annulment
In contrast to a Judgment of dissolution of marriage, after a Judgment of nullity of marriage is obtained, it is as if the marriage never legally existed. Annulment of Marriage is different than a no-
Some say that a criminal law attorney sees bad people at their best and that a family law attorney sees good people at their worst. There is some truth to that statement. Family law, particularly the end of a marriage or relationship, is one of the most psychologically and financially stressful and disruptive events that a person will experience in their lives. In my more than 25 years as a family law attorney, I can attest to the many ways that these stresses affect the thousands of clients I have had the honor to represent.
Restraining Order
Fault basis, by alleging that the parties have separated and have “irreconcilable differences.” The Court in a legal separation action, can also decide all of the other issues that it can in a dissolution of marriage action. That is, the Court can decide issues of child custody and visitation, child support, spousal support, division of community property and community property obligations, restraining orders, and allocation of attorney fees. If a Judgment of legal separation decides all of these issues, and one of the parties later decides he or she wants to be divorced, that party would file a dissolution of marriage Petition to decide the one remaining issue of the parties, that is, the termination of their marital status.