Family law
encompasses complex issues surrounding separation, divorce, support,
child abuse and neglect proceedings, restraining orders, proceedings
to determine paternity, custody and the division of property.
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dissolution of
marriage |
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California is a community property
state and, accordingly, is governed by the California Family
Code. The dissolution of a marriage process can take many legal
forms. There are three basic choices: the traditional litigious
process, mediation with only one attorney, or collaborative
where each party is represented by council but in a non-litigious
atmosphere.
What type of Proceeding do you need?
Nullity - The entire validity of a supposed, pretended, or attempted marriage
may be challenged by a party to the marriage. It differs from an action for
divorce, because the latter supports the existence of a valid and lawful marriage.
Summary Dissolution - Summary dissolution is the simplest procedure for obtaining
a divorce. To qualify for this procedure, you and your spouse must have a signed
agreement covering the division of assets and debts and (1) be married less
than five years, (2) have no children, (3) have no interest in real property,
(4) have combined debts that do not exceed $5,000, and(5) have combined assets
of less than $25,000 (certain assets being excluded.)
Dissolution - A Judgment in a dissolution proceeding terminates the marriage,
divides all community and separate assets and debts, establishes support if
appropriate, and determines custody and visitation where minor children are
involved.
Legal Separation - With the exception of terminating marital status, a Petition
for Legal Separation will accomplish all that a dissolution of marriage will
accomplish. |
:: support |
Child support, spousal support and family
support calculations are based upon several variables, only one
of which is the parents’ respective income. Some of the
other variables affecting support payments include custodial
time with each parent, tax exemptions for parties’ children,
tax filing status, mortgage interest payments and medical insurance
premiums. |
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pre-nuptual
agreements |
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Agreements entered into prior to marriage
which protect separate property assets of either, or both, parties
to the marriage. In essence, the parties may contract outside
the marital laws in the State of California, provided certain
statutory requirements are met. |
