Practice Areas

As a practicing attorney for over 25 years and as a Certified Family Law Specialist, Matthew M. Kremer possesses the unique experience, knowledge, and skills that have earned our firm a solid reputation as one of the most well-respected family law firms in California. Our practice is limited to the complexities of family law, which enables us to focus our knowledge, energy, and creativity on each client and each case individually and provide them with the legal representation they deserve. We offer legal services in the following areas:

• Divorce
• Spousal Support
• Property and Debts Associated With Divorce
• Tax Considerations Associated With Divorce
• Child Custody and Visitation
• Child Support
• Prenuptial Agreements
• Postnuptial Agreements
• Fiduciary Duties Between Spouses

Divorce
This area of law includes the legal dissolution of marriage. During a divorce action, a division of the parties' property will be determined under California's community property law, which considers and equally divides all property and debt accumulated during the course of the marriage, with some exceptions. The Law Office of Matthew M. Kremer is especially adept in resolving issues involving even the most complex property division.

Spousal Support
As part of many divorces, spousal support, also called alimony or spousal maintenance, is awarded. Spousal support can be awarded for a set period of time or until the death or remarriage of the spouse to whom the support is awarded. An award of spousal support depends on many factors, including the parties' financial situation and their standard of living. If spousal support is awarded in a divorce, it is subject to modification if it is later determined to be too high or too low or if there has been a significant change of circumstances warranting a change. As a Certified Family Law Specialist, Mr. Kremer has extensive experience in obtaining awards of spousal support and subsequent modifications.

Property and Debts
One of the most important and complicated aspects of a divorce is the division of property and debts. The proper valuation of a couple's tangible and intangible assets is essential to obtaining an equitable division of the property and debts. Mr. Kremer relies upon accountants and other valuable experts, as well as his own experience and knowledge, to compile and present the appropriate valuations, either in court or in settlement negotiations.

Tax Considerations
There are many important tax issues corollary to divorce proceedings. Such issues include the tax consequences of the division of the parties' assets and debts, the deducibility of spousal support, and the tax exemption for dependents, such as the parties' minor children. We are adept at identifying these issues and working to resolve them in the best interests of our clients.

Child Custody and Visitation
This is one of the most important, complex, and sensitive areas of our practice. Custody and visitation disputes are resolved by courts in terms of what is in the best interests of the children. Custody and visitation determinations are subject to modifications in the event of significant changes of circumstances. As a Certified Family Law Specialist, Mr. Kremer has the training and experience necessary to give sound legal advice and representation regarding custody and visitation.

Child Support
California courts utilize certain child support guidelines in determining a parent's child support obligation. The guidelines consider various factors such as both parents' incomes and the number of children for whom support is being set. As with child custody and visitation, the issue of child support is subject to modification in certain circumstances, such as an increase in the parents' incomes. Mr. Kremer has over 25 years of experience advising clients on the issue of child support, in both the initial setting of support and subsequent modifications.

Prenuptial Agreements
A prenuptial agreement is a contract between parties prior to their marriage, and can determine who will receive what assets of the parties in the event of a divorce. However, a prenuptial agreement cannot determine the custody or support of the parties' future children. The decision to enter into a prenuptial agreement is a sensitive and complicated one, and the drafting of a prenuptial agreement is crucial to its enforceability once a divorce has been filed.

Postnuptial Agreements
These agreements are created between parties after their marriage, often after the parties have accumulated numerous assets and debts. Like a prenuptial agreement, a postnuptial agreement is a contract in which the parties agree to a division of the assets and debts. A postnuptial agreement can also be used to amend a prenuptial agreement or to protect the parties' children from prior marriages or relationships. Mr. Kremer has a great deal of experience in drafting postnuptial agreements and in disputes involving the enforcement of such agreements. Mr. Kremer is especially skilled in creating postnuptial agreements that determine ownership of complex issues such as community business interests, stock, stock options, and other employment incentive assets that couples may accumulate after their marriage.

Fiduciary Duty Between Spouses
This is a complex area of the law in which Mr. Kremer's unique knowledge and experience is sought by both clients and other attorneys. Under California law, spouses are permitted to contract with each other. However, the law holds them to the highest duty to act in good faith and fair dealing when contracting with their spouse, and it prohibits them from taking an unfair advantage over their spouse. When spouses, either during their marriage or during a pending divorce, breach this fiduciary duty, there are various remedies available to the aggrieved spouse through a civil action. These remedies can include penalties to the breaching spouse, as well as awards of attorney's fees and court costs.