What is the Difference Between Getting a Divorce and a Legal Separation?

June 21, 2011,Posted by admin

We often get calls from spouses going through difficult times in their marriages and contemplating whether to file for dissolution of marriage (i.e. divorce) or file for a legal separation. They often want to know the difference between the two. Simply put, a legal separation gives you all of the benefits that a divorce would except for the fact of actually being divorced.

This can come in handy for people who no longer want to be together, want to get custody/visitation and support orders made, want to divvy up properties and debts, etc., but do not want to get divorced for a number of reasons including:

-    their religious conviction may not permit a divorce
-    the parties may still want to try to work it out down the line
-    the parties want to stay “married” for the benefit of the minor children
-    they may want to keep one party on the other’s insurance

We hope this gives you some basic insight into divorces and legal separations. If you or a loved one needs help with a divorce, legal separation, or any other type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced family law attorney from the firm will be able to evaluate your case when you call.

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Custody and Visitation of Step Children

June 17, 2011,Posted by admin

The general rule is since a stepchild is not a child of the parties’ relationship; San Diego courts have no jurisdiction to entertain a stepparent’s custody request. There are some ways to getting around excluding step parents from getting custody in the way that the forms are submitted to the San Diego family court.  For [...]

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Consequences of a parent leaving the family home and the children

June 16, 2011,Posted by admin

In the world of divorcing parties one parent may elect to separate and leave the family home and the children to maintain peace. In California, family law courts do not consider whether one parent has left the home and children so long as there is no evidence of abandonment by the leaving parent. However, If [...]

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What Do I Do If My Spouse Doesn’t Respond To My Divorce Petition?

June 16, 2011,Posted by admin

Several times we get calls from people after they have filed for dissolution of marriage (divorce) or legal separation but their spouse has not responded. They ask for guidance as to what they can do next. The answer is to proceed with a default. If your spouse is personally served with a divorce or separation [...]

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Grandparents Visitation Rights

June 15, 2011,Posted by admin

The courts will look into the best interests of the grandchildren as to visitation with the minors. In many instances, most grandparents are actively involved in the lives of their grandchildren and have frequent contact with them. It is particularly difficult when that frequent contact or visitation with the grandparents is taken away by a [...]

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I Want To Change My Current Child Custody Order In California. Will The Court Let Me?

June 14, 2011,Posted by admin

Quality time with children is invaluable to most parents.  Perhaps this is why child custody and visitation issues are often the most vigorously fought battles in family court.  Once child custody orders are made, whether it’s a decision agreed upon by both sides, or a ruling by the court after a trial, that order will [...]

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How to Modify Spousal Support

June 09, 2011,Posted by California Family Law Attorney

All the issues that come up with sharing custody of your child with your child’s other parent can cause stress, pain, and confusion. For many people, trying to understand and deal with the court procedures and requirements only adds to the mess. Here is a simple plan of action required if you are looking for child [...]

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How Do I Know What is Separate Property and What is Community Property?

June 09, 2011,Posted by admin

The general rule is that community property is all property acquired by a married person during marriage while living in California. Separate Property is anything that is acquired before marriage or after the date of separation. In addition, anything that a party received by gift bequest, devise, or descent is separate property. If a party [...]

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Child Support Arrears – Property

June 07, 2011,Posted by admin

Child Support Arrears – Which Property is Subject to Satisfaction of Child Support? All property and interests owned by parent may be liable for satisfaction of child support obligations, subject to certain exceptions. In addition, child support must be paid before almost all other debt obligations. (See CFC 4053(a): “A parent’s first and principal obligation [...]

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What Happens After the Detention Hearing in Dependency Court?

June 06, 2011,Posted by admin

The next hearing is a jurisdictional hearing.  If the child is detained by the court a hearing must be set within 15 court days of the detention order.  If the child is not detained the hearing will be set within 30 calendar days. At this hearing the court determines the truth of the petition’s allegations [...]

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