Lindy Barocchi is a Certified Family Law Specialist, supporting families in transition in California since 1988. She has developed extensive expertise in child custody matters, representing her clients in negotiation or litigation. Lindy also specializes in family law cases that involve complex financial and property issues, including stock options, venture capital funds and business interests. Ms. Barocchi is experienced in mediating as well as litigating these complex legal issues. In addition to serving as mediator for parties, her practice includes acting as consulting attorney for individuals in mediation or individuals who seek input regarding their court case.
Divorce
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When one or both parties decide their marriage is no longer viable, one of them may begin the legal process of ending the marriage by filing a Petition for Dissolution of Marriage. The same applies to a Domestic Partnership.
As part of the divorce process, each party must fully disclose that party’s financial situation, including assets, debts and income, both at the start of the dissolution proceeding, supplementing this information during the process, and at its end.
At the conclusion of the case, a Judgment of Dissolution is filed with the court and the parties are returned to the status of single individuals.
Divorce is often a time of emotional turmoil for the family. How to approach the decision-making process is only the first, but probably the most important, decision to be made.
Separation
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The date and manner in which parties separate may significantly impact the characterization of assets and liabilities as well as the duration of spousal support.
Sometimes individuals decide they want to remain married to each other once they have divided their assets and debts, determined how to share parenting responsibilities of their children (if any) and determined whether support should be paid by either of them for the support of the other or for a child. In this instance, a Petition for Legal Separation is filed and a Judgment of Legal Separation is filed with the court at the end of the process.
Custody
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When a couple has minor children, a parenting plan needs to be designed to meet the developmental needs of the children and serve the best interests of each child. In the absence of an agreement of the parents, legal and physical custody of the child, or children, and an appropriate parenting plan will be determined by the Court. Lindy Barocchi has been supporting families in transition in California since 1988. She has developed extensive expertise in child custody matters, representing her clients in negotiation, litigation or serving as mediator for the parents.
Mediation
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Mediation involves the least amount of formal court involvement and the greatest amount of commitment by the parties. Both parties agree upon a neutral third person (an attorney or other professional) whose role is to help them reach their own agreements on the issues.
Both parties should be willing to discuss options that may work for them. The role of the mediator is to assist the parties in generating options and facilitate agreements, not to give legal advice to either party. When Ms. Barocchi acts as a mediator, she may require that both parties consult another attorney to have the final agreement reviewed, and will suggest each party consult independent counsel for advice during the negotiation. As a mediator, Ms. Barocchi can offer neutral input and information about the law, but cannot advise the parties as to their best possible positions.
Once agreement has been reached on all issues, Ms. Barocchi will prepare a final written document (either a “Marital Settlement Agreement” or “Stipulated Judgment”) for signature. If the parties are already divorced, their agreement will be prepared and filed to change or supplement their previous orders. No court appearance is required.
Lindy Barocchi is a highly experienced mediator. With more than 25 years of experience in both mediation and litigation—often with complex cases—she has a wealth of knowledge about both the legal system and countless options parties have used to reach agreements. She has developed insight into how to help parties find common ground, believes in the benefits of mediation, and is fully committed to the process.
Support
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Child and/or spousal support is an issue in every family law matter. Whether support will be paid by one party to the other for the support of a spouse or domestic partner may be agreed to between the parties or decided by the court. At the beginning of a divorce case, a party may request “temporary” spousal support, which is usually determined by a computer program. If the parties have no agreement for support, the court will determines “permanent” spousal support after careful review of the factors listed in the California Family Code. In addition to the amount of spousal support to be paid, the duration of support must be addressed.
Child support is set according to statewide guidelines and continues for the duration of the child’s minority. Child support usually includes a contribution for health insurance for the child and may include contributions to childcare, extra-curricular activities and special needs, if appropriate.
Property
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The property of a couple in a family law matter will be characterized as community, “quasi community” or separate. Community (or “quasi community”) property will be divided equally by the court or fairly by agreement of the parties. Separate property is confirmed to one individual and not subject to division.
Ms. Barocchi has expertise in family law cases that involve complex financial and property issues, including stock options, venture funds and business interests. She is experienced in mediating as well as litigating these complex legal issues and not subject todivision absent agreement of the parties.