What Every Custodial Parent Needs to Know About California Move-Away Law

So, you were offered a promotion to your company’s corporate office in another state. Or, perhaps you’ve met someone new, you are getting remarried, and you want to move in with your new spouse in another county. Or maybe you simply want to start fresh in a brand new locale closer to friends or relatives following your divorce. Whatever the case may be, whether your divorce was just finalized yesterday or 10 years Read More

The Difference Between Dissolution, Separation, and Annulment

It is a simple truth that marriages do not always work out. There is a nearly endless list of reasons why a couple who once pledged their lives to each other would want or need to end their union or domestic partnership, and it happens often in the United States. Most people just assume that a divorce is the only path to ending a marriage, but in fact, there are several different ways you could end a marital Read More

Custody: Legal and Physical

There are two types of custody: Legal Custody and  Physical Custody Decisions involving your child’s health, safety and welfare, fall under the umbrella of legal custody. Decisions involving where and with which parent your child will be residing, falls under the umbrella of physical custody. Physical custody is exercised through the implementation of a visitation schedule or co- parenting plan. LEGAL Read More

Paternity: Who’s the Daddy?

Gentlemen who father a child out of wedlock are responsible for the child’s emotional and financial welfare. A paternity action enables unmarried parents to resolve the same issues faced by parents in a dissolution action, with the exception of property division issues. A paternity action commences when one party files a “Complaint To Establish Parental Relationship” with the court. This action establishes the Read More

Guardianship – Temporary Suspension of Parental Rights

When a child’s biological parents have died, abandoned the child, have entered military duty or have failed to adequately care for the child due to health issues or drug abuse, the family law court has the power to appoint a legal guardian. Through the guardianship process, the biological parent’s rights are temporarily suspended and the legal guardian assumes many of the parental rights and responsibilities. As Read More

Property Division: And The Balance Sheet Says …

The dissolution process involves creating an equalized division of the marital estate. The court only has jurisdiction or power to divide community property. In many cases, especially in long term marriages, people innocently transmute some of their separate property into community property without even realizing it. The transmutation process, that is, the process of changing the character of property from separate Read More

Enforcement of Support Orders

There are various tools available to enforce a child or spousal support order. The most frequently used are: 1. Wage Assignment Order Up to a few years back, parties had to show a history of non-payment or late payments before the court would order a wage assignment. Under current California law, the court must issue a wage assignment order whenever the court makes or modifies a support order. Once a wage Read More

Spousal Support – Amount and Duration

Any discussion of spousal support needs to address two factors: the amount of support and for how long the support will continue. Amount of Support In short term marriages courts use a formula to determine the amount of spousal support. The same formula can be used as guideline to determine temporary spousal support in long term marriages. However, case law holds that it is an abuse of the court’s discretion to Read More

Child Support: A Function of Income and Time-Share

There are several factors that are crucial in calculating the amount of child support you will be receiving or paying. The most important of these factors are your income, your spouses’ income, and the amount of time you spend with your children. Other factors include, but are not limited to, the amount you pay for health insurance for the children, any union dues you might pay, or any hardship expenses. Child Read More

Visitation – The Creation of a Parenting Plan

When you start creating a parenting plan you need to look at various factors unique to your situation. In addition to your child’s age, you need to look at any special schooling or emotional needs you child might have. You also need to look at the work schedule and temperament of both parents to ascertain that any schedule you propose will be workable. Courts look for parenting plans that are age-appropriate. For Read More