Petition of Dissolution of Marriage in California
Petition of Dissolution of Marriage in California
When most people are considering ending their marriage, the first thing that comes to mind is divorce. Going through a divorce can be one of the most difficult times of your life. There are many emotions involved, and you will many things to take care of legally. The first thing you should do is hire an experienced family law attorney so your lawyer can guide you through the legal process.…
Read MoreWhat Do I Need to Do To Get My Case on Calendar for a Trial?
In order to Request a trial, there are forms that must be completed in order to request a trial and information must be provided including the anticipated length of the trial (short cause vs. long cause). After the court receives this form, the court will send you notice of a Trial Setting Conference. At this court appearance the courts will set future dates including a mandatory settlement conference and a…
Read MoreCan an Aunt and Uncle Seek Visitation Rights with their Niece/Nephews?
The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person. In order to do this there must be a pending custody case where the mom and dad have custody at issue. The aunt and uncle would then need to file a motion to be joined to the case, so…
Read MoreOnce The Petition is Filed Will I Be Divorced in 30 Days?
The answer is no. Once the Divorce Petition is filed and served on the other party, the other party has 30 days to respond to the Petition for Dissolution of Marriage. After the Petition is filed, the dissolution of marriage will not automatically be finished. The Responding party then has 30 days to file their response with the court. If there is no Response filed within 30 days, the Petitioner…
Read MoreWhen I Get A Judgment Entered in a Dissolution Matter – can the Joint Credit Card Companies Still Come After Me for the Balance Owed?
It depends. Regardless of which spouse was assigned the debt by the property division judgment, the debtor spouse remains personally liable for his/her debts. Unless the nondebtor spouse was assigned the debt by the property division judgment, he/she is not personally liable thereafter for the other spouse’s debts incurred before or during marriage. The nondebtor spouse’s separate property may be reached by creditors only if payment of the debt was…
Read MoreDefault Proceedings
In a dissolution of marriage, the Respondent is in default if, within the 30 days allotted to respond to the Petitioner, he/she fails to file a response or appropriate responsive motion. A case cannot proceed to default hearing and default judgment until Respondent’s default has been entered by the clerk. A Family law default judgment may only be granted for the specific relief requested in the petition served on Respondent;…
Read MoreParaplegic Woman Wins Visitation Rights
A paraplegic woman who communicates by blinking was granted visitation rights with her four-year old triplets last week by a Los Angeles Family Law Judge. Abbie Dorn, who was left in a “minimally conscious” state as a result of her delivery of the triplets, has been fighting for visitation rights for a year in Los Angles County Superior Court. Her ex-husband had argued that she should not be able to…
Read MoreTax Credits for Children and Dependents in California
A taxpayer entitled to claim a qualifying child under age 17 as a dependent is entitled to a child tax credit of $1000 for each dependent child who has not reached the age 17 by the end of the calendar year. The child must be a US citizen or resident. A tax credit is different from an exemption in that the tax credit reduces your liability by $1000 whereas a…
Read MoreDo I have any visitation rights with my relatives children – Family Law Code 3102
If a loved one has recently passed away, leaving a spouse and children behind, you may be able to obtain an order from the court allowing you to continue seeing the children. Often times, the surviving husband or wife allows for visits between their children and relatives of their recently deceased spouse. However, if the other parent is now preventing you from seeing the children, you may be able to…
Read MoreAmicable Divorce in California
One efficient and cost effective way to reach a resolution in a divorce or dissolution matter would be if the parties have discussed all the marital issues at hand and both parties agree in settling the entire matter out of court. Divorce nowadays can be quite expensive and time consuming for both you and your soon to be ex spouse. In this economy, it certainly helps to save a buck…
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