We never lose sight of how our legal advice affects real families!
Business History
The firms founder, Philip A. Di Maria, became an attorney in California in 1939. When World War II started, Mr. Di Maria entered the army and landed on Normandy beach carrying a copy of the California Civil Code. He started the firm that is now Di Maria & Cone after he returned from World War II. His daughter, Anne Di Maria Cone, joined the firm in 1979 when she became an attorney.
Child Support: Under California law, the court must make a child support order where the parties have minor children with each other. Child support issues may arise over the course of a divorce or between parents who are not married. The court need not honor agreements between the parents concerning support of the children. The court will not honor the parents’ agreement to terminate child support before the it terminates under California law; nor can a parent voluntarily give up their parental rights to avoid the obligation to support the child. Child support generally terminates at the later of the date the child turns 18, graduates from high school, or attains age 19. It also terminates on marriage, death or emancipation of the child. The amount of child support is set by a statutory formula (guideline) that is based primarily on the differences between the parties’ incomes and the amount of time each parent has with the child. In addition, each parent has the obligation to contribute towards expenses for childcare and uninsured medical care and may be required to contribute towards educational and other expenses as deemed appropriate by the court. The parents can agree to vary the guideline formula, but a parent’s obligation to support his or her child cannot be waived.
Child Custody and Visitation
Whether our clients are married or or unmarried, child custody and visitation rights can be contentious and have serious impact on both parents and children. Unfortunately, children often pay the price in a “custody battle” over how much time should be spent with each parent and how legal decisions related to the child should be made. We make every effort to assure that our clients have as much time with their children as possible.
Premarital Agreement
At Di Maria & Cone, our practice is exclusively devoted to family law. In addition to representing people in divorce proceedings, we also represent people who are planning to marry and want a premarital agreement, people who are married and want a post-marital agreement and unmarried parents concerning custody issues. Our years of experience allows us to quickly and competently evaluate your case and to focus on you as a person.
Guardianship
A battle over child custody and visitation is often the most difficult and emotionally trying part of a divorce or other legal proceeding. In addition to divorce and legal separation proceedings, child custody and visitation issues may arise in parentage or guardianship proceedings.
Spousal Support
High net worth individuals and other people contemplating marriage frequently wish to protect assets they have acquired prior to marriage, provide for spousal support in the event of divorce, determine each spouse’s obligation for debts, or make other agreements concerning post marital rights of the parties.
When you face issues of family violence, we provide calm legal guidance during this emotionally charged time. We provide help for clients in obtaining and defending against domestic violence restraining orders, although we do not represent clients in their criminal case on charges of domestic violence or related crimes. We will help you determine if you and your children are in danger and need to obtain a protective order. We will also help you protect your rights where it is alleged that you have committed domestic violence.
Under California law, property held by a married person is either community property or separate property or a mixture of the two. Community property is considered to be the property of both spouses, while separate property belongs to just one or the other. Thus, familiarity with the law governing community and separate property is important for many reasons, from pre- and post-marital planning and agreements, to rights on dissolution of the marriage and to estate planning. California laws governing community and separate property generally can be changed by written agreement of the parties or by certain kinds of conduct discussed elsewhere.