Family law is a vast area of law comprised of multiple categories. The most relevant and most common are those areas dealing with divorce and child custody. While those two areas are the most frequently thought of areas more exist, such as adoption, name change (for both adults and minors), as well as protective orders.

Dissolution - commonly referred to as divorce, this is the process by which a marriage is ended in the state of California. There are a lot of misconceptions surrounding divorce in California, and many of those misconceptions are what the attorneys at Wilkerson & Wilkerson try to clarify quickly so our clients are on solid legal footing as they navigate this highly emotional legal proceeding. Some of those misconceptions have to do with the following-

1. California is a community property state. What does that mean? It means anything you earn or acquire during marriage will be split evenly. 

2. California is a no-fault state. Basically there is very little reason for the court to veer from the community property laws. That means the reason you have decided to get divorced is irrelevant. It does not matter what your spouse has done, there is no fault. However, there are some narrow circumstances in which fault can apply in California, and in those rare cases community property laws can be altered by the court. 

3. There are two types of custody- Physical custody and legal custody. Both are very important in a divorce, and both are very different. We take the time to explain how each works and how they affect you.

4. Child support and spousal support are also two very different things. There are some very specific laws surrounding both, and we take the time to walk our clients through each type of support and the different factors that can affect the two types of support.

There are so many misconceptions when it comes to the term estate planning and what is involved. The process is fairly painless, and quick compared to many other legal matters. Some of the misconceptions  we like to dis-spell quickly are the following;

1. The client needs to gather lots of documents, and account numbers, and account amounts. Typically we do not need any of that information. As a general rule we do not recommend putting bank accounts and retirement accounts in your trust.

2. Many clients start off with the idea that they don't have and estate. With regards to that, an estate in the eyes of the court is simply all your stuff. Everything you own comprises your estate. 

3. I don't need a trust, I just need a will. That is a sentiment we hear often. However, in most situations it is likely the client actually needs a trust.

4. The importance of the trust is that a trust, unlike a will, avoids probate court, which helps to avoid fees and saves your beneficiaries. Additionally, trusts are (for the most part) not contestable. 

5. An estate plan is actually a group of documents including the trust, a will, and a host of other documents.

The term corporations is a pretty broad term. There are so many different areas that can fall under corporations, and below are some of the other select areas of law we practice in.

1. Contracts. Again, this is a very broad area of law, and there is so much to think about with a contract. From employment contracts to athlete sponsorship to standardized forms there is no end to the types of contracts someone can enter into. In developing the right contract for your needs we discuss what your business is, what you needs are, and then develop the right contract for you. 

2. Incorporation. There are so many ways to incorporate. For some an LLC might be the best choice, while others need an LLP, and some might opt for an S-Corp. All of these options come with a variety of questions to determine the best course of action to help your business get off the ground. 

3. Forms- Developing the right forms is vital to a new business. Knowing the body of law that will interpret your form should a legal problem arise is the jumping off point. If you are going to be purchasing goods from a foreign country the Contract for International Sale of Goods (CISG), is the governing body of law. This body of law varies from the UCC here in the United States and it is important to know the difference. 

Athletes hold a special place in our hearts at Wilkerson & Wilkerson Law. As avid cyclist, surfer, skiers, and soccer players, we realize the landscape athletes face today is much broader than just playing their sport.

1. Contracts- Athletes may need help reading and fully understanding their contracts, what is expected of them, and what their team or sponsor is obligated too. We strive to make sure we understand what the athletes needs and how to best achieve those ends. 

2. SafeSport- So much has been reported on the abuse athletes have suffered in the last two decades at the hands of people they trusted. SafeSport is in place to make sure the playing field is being kept safe. But that does not mean the athlete or coach should not seek to protect themselves in the instance that SafeSport calls and opens an investigation. We have defended multiple athletes and coaches against false allegations, as well as worked with SafeSport investigations to ensure a level playing field for some Olympic athletes (one ended up getting a silver in Paris). SafeSport is a serious body, and it is highly recommended if an investigation is opened you contact an attorney who knows that process.

3. US Anti-Doping Agency (USADA)- This governmental body monitors athletes to ensure that no drugs on the WADA list, the IOC list, are being taken in violation. But it is important the athletes know their rights. Recently the test have become so very good that the tests can now pick up the most minuscule amounts of a banned substance in an athlete's sample. This has led to the Court for Arbitration of Sport (CAS) overturning some rulings. It is important when an athlete's livelihood is at risk to know your attorney has your back.