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Divorce

A Petition for Dissolution of Marriage must be based upon grounds accepted under California law. The effect of a judgment is to restore the parties to the state of unmarried individuals. The spouse who initiates the filing of a divorce via a “Petition for Dissolution” or any other filings in family court is named the Petitioner. The spouse who responds is named the Respondent.

Legal Separation

Either spouse in a marriage can separate from the other spouse without the need to obtain a court order. However, if one of the spouses wants the court to make orders regarding support, custody, visitation, payment and community obligations while separated then an action for legal separation needs to be filed in the court with competent jurisdiction. The need to file an action for Legal Separation is alleviated if the parties can agree amongst themselves to resolve these issues while separated.

Nullity of Marriage

Nullity of Marriage action is an action by one spouse to deem the marriage an unlawful marriage that is either void or voidable because of conditions that existed at that time of marriage. For example, a bigamous or incestuous marriage is void and as such, there is no need to bring a suit to obtain an order declaring such marriage void.

Paternity Action

A Paternity Action needs to be filed to determine the custodial rights of unmarried couples over minor children. This action is entitled Petition to Establish Parental Relationship. In addition to custodial rights, the courts have jurisdiction to determine child support.

Spousal Support

Spousal Support or Alimony is not mandatory in all dissolution cases. The obligation of one spouse to pay alimony to the other is determined on a case-by-case basis with a multitude of factors being considered by the courts.

Custody/Visitation

There are two types of custody for children in family proceedings. Legal Custody and Physical Custody. Legal custody deals with legal issues with the minor child, such as health and education. Physical custody, on the other hand, deals with the primary residence of the child.

Child Support

California child support must be based on guidelines. Except for only a limited number of circumstances, the court must adhere to these guidelines. The main factors that are used to determine the guideline support, are the custodial time share by the parties and each parties income. Other factors such as tax exemptions declared on the parties’ income tax returns, health insurance payments, union dues, property tax and mortgage interest payments and child care costs are also used in determining guideline support.

Prenuptial/Post Nuptial/Marital Agreements

A Prenuptial Agreement is entered into between a soon-to-be husband and wife. In contrast, a Post-Nuptial or Post-Marital Agreement is entered into by a couple after their marriage. These agreements will direct how property will be allocated between spouses either at the time of the parties’ divorce or death, absent a will or trust. It can also set boundaries on the amount of spousal support incase of a divorce. The parties are free to enter into any agreement that deviates from the presumption that all properties obtained during the marriage are community in nature.

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