What is the Difference Between Getting a Divorce and a Legal Separation?
What is the Difference Between Getting a Divorce and a Legal Separation?
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…
Read MoreConsequences of a parent leaving the family home and the children
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 the parent that leaves seeks to obtain custody of the children in the future, it…
Read MoreWhat Do I Do If My Spouse Doesn’t Respond To My Divorce Petition?
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 petition, he or she must file a response within 30 days. If he or she…
Read MoreGrandparents Visitation Rights
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 parent or both parents. Grandparents certainly do have options such as adoption, guardianship or to…
Read MoreI Want To Change My Current Child Custody Order In California. Will The Court Let Me?
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 remain in place until a new order is made. Under California Law, a person may…
Read More7 Steps To Modify Spousal Support
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 custody modification. First, you will have to file an Order to Show Cause (OSC) in…
Read MoreHow Do I Know What is Separate Property and What is Community Property?
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 receives rents, issues or profits from a separate property in San Diego then that would…
Read MoreChild Support Arrears – Property
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 is to support his or her minor children. . . ."; CFC 4011.) Usually, obligations…
Read MoreWhat Happens After the Detention Hearing in Dependency Court? | Family Law California
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 that the child comes within Welfare and Institutions Code Section 300 and is within the…
Read MoreWhen the Dependency Court Detains My Children, Do I Get To See Them?
Once the court decides to detain the child, they will likely place the child in foster care or with a suitable relative. The court must order visitation and services to be provided as soon as possible to reunify the child with their family if appropriate, based on the circumstances of the case. Visitation is normally monitored in the beginning and if you comply with the services and will likely increase. …
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