California: The No Fault Divorce State (California Family Code Section 2310(a))
California: The No Fault Divorce State (California Family Code Section 2310(a))
Filing for divorce or being served with divorce papers is never a happy or pleasant time for either spouse. California is a no fault divorce state, meaning you will be allowed to dissolve your marriage so long as one spouse wants to be divorced regardless of the reasons behind a divorce, . Because these kinds of cases can be heavily contested and highly emotional, it is important that you speak with an…
Read MoreInternational Child Custody (California Family Code Section 3011)
Child custody and visitation cases are always difficult to handle when you and the other parent cannot reach an agreement. This becomes especially complicated when you live in California and the other parent lives in a different state or country. Because these kinds of international child custody cases can be heavily contested, it is important to speak with an experienced child custody lawyer from Wallin & Klarich to help make…
Read MoreDefeating Court’s Personal Jurisdiction Over You in a Divorce or Legal Separation (California Code of Civil Procedure 418.10)
If your spouse has served you with a summons and petition for divorce or legal separation and you feel as though the court cannot exercise jurisdiction for one reason or another, you may need to immediately file a Motion to Quash. This motion will prevent the court from making any order in the case your spouse has filed for. However, it is important to speak with an experienced family law…
Read MoreRemarriage and the Termination of Spousal Support (Family Code Section 4337)
When spousal support has been an issue in a divorce, the judgment will detail the terms for spousal support. Generally, the terms in the judgment will include a clause as to when spousal support will terminate. An experienced spousal support lawyer at Wallin & Klarich can review your judgment and explain to you when and how spousal support in your case can and will terminate. Family Code Section 4337…
Read MoreGuardianship of a Minor: Rights and Responsibilities as a Guardian
As the guardian of a minor, you are an officer of the court and will have particular duties and responsibilities. An experienced family law lawyer at Wallin & Klarich can provide you with the proper advice and can help you understand what your rights and responsibilities are. After the probate court appoints you as the guardian of a minor child, you will automatically assume very important duties and obligations. The…
Read MoreSetting Aside a Divorce Judgment (Family Code Sections 2122 and 2121(b))
After a divorce judgment has been entered, a party can request that the judgment be set aside. However, to set aside a divorce judgment you must make sure you meet all the requirements under Family Code sections 2122 and 2121(b). An experienced San Bernardino family law lawyer at Wallin & Klarich can evaluate your case and determine whether or not it is proper to file a motion to set aside…
Read MoreA Paternity Judgment is Annulled When the Parents of the Child Marry
Sometimes parents who have a child out-of-wedlock later get married after a paternity judgment has been entered. However, what happens when the parents file for divorce and the issues of child custody, visitation, and support arise again? An experienced divorce lawyer at Wallin & Klarich can provide you with the proper advice and guide you in the right direction with regard to the issues of custody, visitation, and support in…
Read MoreDisputing Paternity of a Child [Family Code Section 7600]
In determining paternity of a child, either parent can dispute paternity—either the mother or father. Generally, in cases where paternity of a child has not been established, a parent can ask for a paternity test. However, in cases where paternity of child has been established though a court order, it may be too late to ask for a DNA test. A knowledgeable paternity lawyer at Wallin & Klarich can provide…
Read MoreChild’s Preferences in a Custody/Visitation Proceeding
In a child custody and/or visitation case, the judge must consider several factors in determining what is in the child’s best interest. One factor is the child’s preference of which parent the child wants to stay with. California Family Code §3042(a) specifically states that if a child is of “sufficient age and capacity to reason as to form an intelligent preference,” then the judge “shall consider, and give due weight,”…
Read MoreSpouses Changing the Characterization of Property (California Family Code Sections 850 and 852)
During your marriage you and your spouse can change the characterization of separate property to community property and community property to separate property. When changing the character of your property, it is important that your attorney knows the requirements under Family Code Section 850 and 852 to ensure the validity of the change in characterization. An experienced Orange County family law attorneys at Wallin & Klarich will provide you with…
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