Dissolution – FAQ

DISSOLUTION   When do I file? When a relationship breaks down, the emotional impact is significant. Arguably, the break down of the marriage is the most painful type. Often times this pain creates a lot of resentment and spite. The divorce will not help get rid of that pain. Only time will bring peace and […]

LEGAL SEPARATON FAQ

LEGAL SEPARATON   What is the difference between dissolution and legal separation? Legal separation does not restore the parties to the status of unmarried persons. Some people chose legal separation instead of dissolution for religious and/or personal reason, that include but are not limited to the following: maintenance of medical insurance coverage, assuming such coverage […]

CHILD CUSTODY AND VISITATION – FAQ

CHILD CUSTODY AND VISITATION How can I protect my children from being affected by the dissolution? Often times when husband and wife go through a high conflict dissolution they have a lot of animosity and bitterness toward each other. Quite often in this situation the parents are not guided by reason and the best interests […]

Child Support FAQ

CHILD SUPPORT How can I get the other parent to pay child support? Each parent has an obligation to support his/her minor child. The parties may not by agreement to divest the court of jurisdiction to order child support.   Before parents can address the issue of child support, there must be an underlying action […]

Spousal Support – FAQ

SPOUSAL SUPPORT When can I start receiving spousal support? Before a spouse can address the issue of spousal support, there must be an underlying action filed in a Family Court – dissolution of marriage, legal separation, or nullity. There is no legal obligation to pay spousal support from the other spouse until there is a […]

PATERNITY ACTIONS, INCLUDING SAME SEX COUPLES FAQ

PATERNITY ACTIONS, INCLUDING SAME SEX COUPLES How can I get visitation rights if the other parent and I have never been married? In California the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage. (California Family Code Section 7541).   […]

Credits and Reimbursements (Division of Property)

DIVISION OF PROPERTY How is the property divided during the dissolution? California is a Community Property State. Family Court has jurisdiction to divide community property 50/50 between the spouses and confirm separate property to the respective spouse. Unless there is a marital agreement providing otherwise, community property is all property acquired by the spouses between […]

Automatic Temporary Restraining Orders (“ATRO”)

  (ATRO) AUTOMATIC TEMPORARY RESTRAINING ORDERS   Once the dissolution if filed, are there any limitations on the parties’ actions? Yes. Once the actions for dissolution is filed, Automatic Temporary Restraining Orders (“ATRO”) are in effect. This means that: Both parties are restrained from removing the minor child(ren) from the state without a written consent […]

DOMESTIC VIOLENCE/RESTRAINING ORDER FAQ

DOMESTIC VIOLENCE/RESTRAINING OFER Domestic violence is defined as a threat or actual abuse from someone in your family or in your home with whom you have close relationship.   What should I do if there is domestic violence? Most importantly the person needs to get away from the aggressor and contact the police (“911”) immediately. […]

PRENUPTIAL/POSTNUPTIAL AGREEMENTS FAQ

 PRENUPTIAL/POSTNUPTIAL AGREEMENTS   What is the difference between a Prenuptial and Postnuptial Agreements? Prenuptial Agreement determines the property rights of the parties prior to marriage and Postnuptial Agreement determines the property rights of the parties after marriage. Postnuptial Agreement can be used to modify an existing Prenuptial Agreement.   Do I need a Prenuptial Agreement? […]

MOVE AWAY FAQ

MOVE AWAY Do I need permission of the other parent to move with the child? If a custodial parent wishes to move away with the child/children, he/she can do it by either obtaining permission from the other parent or by requesting the Court to allow the move. In determining whether to grant move away, the […]