What does it mean to obtain a Judgment for Legal Separation? What happens if I later want a Divorce?
What does it mean to obtain a Judgment for Legal Separation? What happens if I later want a Divorce?
A judgment of legal separation settles the parties’ property rights and financial responsibilities as between themselves and to their minor children; to that extent, the judgment is “res judicata.” “Res judicata” is a Latin term that continues to be used in the legal field and means the same parties cannot re- litigate the same cause of action between them; you only get to decide the issues once. Whether a cause…
Read MoreCan I file for Contempt against the non-custodial parent for failure to pay court ordered child support? What does Contempt mean exactly?
Child support orders are based on an obligation arising out of parentage and are imposed by law. Thus, they are enforceable by contempt. [Moss v. . (Ortiz) (1998) 17 CA4th 396, 422, 71 CR2d 215, 232.] The contempt remedy for noncompliance with a court order made under the Family Code is subject to a three years statue of limitation. [CCP section 1218.5(b); Moss v. . (Ortiz), supra, 17 C4th at…
Read MoreWhat are the different ways a guardianship of a minor can terminate?
A guardianship of a minor will terminate by the death of the minor or change in status of the minor. Under Probate Code § 1600 (b) the guardianship automatically terminates when the minor turns 18 years of age or upon the minor’s death. A guardianship will also terminate as a matter of law when the minor is adopted, marries or is emancipated. [Probate C. § 1600(b)] A guardianship of the…
Read MoreCan the Court take my child away from me under Welfare and Institutions Code §300(b) if I admit to the use of marijuana and other drugs?
Under Welfare and Institutions Code §300(b), a juvenile court may assert jurisdiction and remove a child when the child has suffered, or is at a substantial risk to suffer, serious physical harm as a result of their parent’s failure to supervise or protect the child. However, a recent California Court of Appeals decision in October 2012 held that a parent’s drug use, without more, is not a sufficient basis for…
Read MoreMy ex-wife wants to modify “permanent” spousal support based on “unrealized expectations,” can she do that?
Spousal support ordered in a final Judgment of Dissolution is often referred to as a “permanent spousal support.” Unfortunately this title is a misnomer, there is nothing permanent about a spousal support order in a Judgment unless the terms of the Judgment itself spells out that the spousal support order is non-modifiable. Usually, spousal support is ordered followed by the following clause: “until the death of either party, remarriage of…
Read MoreMarried for 2 years, Can We Get Dissolution of Marriage?
A Summary Dissolution is a dissolution process that was created for people who were married for less than five years, have no children and modest assets and debts. A Summary Dissolution summarily handles the divorce process, no court hearings are required and a divorce follows six months after filing a Joint Petition and the other required documentation. [Fam. C. 2400 et seq.] In order to qualify for a Summary Dissolution…
Read MoreDoes she get part of the value of car I brought into the marriage?
Separate property in a marriage is any property that was owned prior to marriage; acquired during marriage by gift, bequest, devise or descent; and the rents, issues and profits of any such property. [CA Family Code § 770(a) et. al.] Thus, the simple answer to the question is, if you owned it prior to marriage, upon divorce it remains your separate property. This premise is easiest understood when it comes…
Read MoreThe Fundamental Differences Between Divorce And Legal Separation
Introduction Your spouse is getting on your last nerves. You want to end the relationship, but you are faced with a dilemma: Should you get a divorce or should just legally separate? Don’t know the difference? The experienced family law attorneys at Wallin & Klarich are here to explain. Divorce In a divorce, both spouses are effectively dissolving their marital bonds and ending their marital relationship, which includes all the…
Read MoreLife After Divorce: Woman Gets Adventurous And Received Unwanted Gift
Life after a divorce can be a difficult journey. Those who experience a divorce often feel lost and lonely. And often, divorcées feel the need to be adventurous soon after their divorce. One woman from Beverly Hills decided to get adventurous and only discovered a kinky surprise at the end. Marcy Miller, a blog writer for the Huffington Post, decided from the moment her 12-year marriage ended that she was…
Read MoreHow do I know where to file for initial child custody orders? The mother of our children took them with her to Nevada 2 months ago, I still live in California.
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) determines the proper jurisdictional location where a child custody action is to take place between competing states. There are several tests to be considered before a court can determine which state has proper initial jurisdiction. In California, the application of the UCCJEA is codified in the Family Code. Clearly it would be most convenient for you to file for custody orders…
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