Southern California Family Law Blog

It was recently reported in Examiner.com that actress Emma Caulfield is seeking a divorce from long time husband Cornelius Grobbelaar. Caulfield wants a divorce after the couple was married for almost four years. Caulfield began the divorce process by filing necessary divorce documents in the Los Angeles Superior Court citing “irreconcilable differences.”

Under California Family Code section 2330, it defines the process of seeking dissolution of marriage. Like what Caulfield did, seeking dissolution requires her to first file a petition for dissolution of marriage. More importantly, under California Family Code section 2310, there are only two grounds that allow for dissolution of dissolution of a marriage which are irreconcilable differences, which have caused the irremediable breakdown of the marriage or incurable insanity.

If you or a loved one is seeking to get divorced, it is important that you speak with an experienced Southern California family attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of dissolution and legal separation cases. Our attorneys will fully inform you of any custody, visitation, or spousal support implications as they navigate through the complexities of divorce laws and the family court system for you. Call us today at (888) 280-6839. We will be there when you call.

NBA Star Dwayne Wade Asks For Sole Custody of 2 Sons in Divorce Trial

It was recently reported that NBA star Dwayne Wade asked a court to grant him sole custody of his two young sons, adding to the contentious divorce and child custody proceedings with his estranged wife, Siohvaughn. The Miami Heat guard also asked that Siohvaughn undergo a psychiatric evaluation. The couple have two boys, ages 8 and 2. They married in 2005 and… Continue Reading.......

What You Need To Know About Prenuptial Agreements in California

Are you thinking about getting married but are having second thoughts after seeing so many of your friends and family go through horrible divorce proceedings? If so, you are not alone. Most people know or have heard of people who have lost half or more of their fortune as a result of a divorce. The reason for this is California’s community property laws, which s… Continue Reading.......

Can my U.S. Passport application be denied for unpaid Child Support Arrears?

OCSE requirements can be unreasonable and seem impossible; get legal help today. If you were ordered by a court to pay child support, and you are now in arrears, it is likely that your request for a U.S. Passport will be denied by the U.S. Department of State. States submit child support cases with past-due amounts to the Office of Child Support Enforcement (OC… Continue Reading.......

What To Do If Your Spouse Refuses To Pay Child Support

If you have a court order where the other parent is ordered to pay you child support and he or she fails to pay the support, you have enforcement remedies available to you. You can file for contempt of court for child support enforcement. A contempt proceeding is classified as quasi-criminal in nature, meaning that the obligor citee, the spouse who is not payin… Continue Reading.......

What Can I Do if I Have an Order for Child Support but the Other Party No Longer Has a Job?

If a party was ordered to pay child/spousal support and they lose their job, the court can help with child support enforcement by making orders requiring a parent to participate in job training, vocational rehabilitation and work placement programs at regular intervals and durations specified by the court, and to provide documentation of participation… Continue Reading.......

Can I Change the Amount of Child or Spousal Support Ordered By the Court? California Family Code 366

Enduring a divorce or child custody proceeding is often a lengthy and draining ordeal on an individual. Child support and Spousal Support are two issues that are often addressed based upon the parties’ finances at the time the judgment is entered. However, financial situations are constantly changing, and your court-ordered support amount may be inaccu… Continue Reading.......

The Juvenile Court Can Sustain a Petition Filed under Welfare and Institutions Code Section 300(d) Despite Factual Inconsistencies Found by the Court

The juvenile court is given broad discretion in determining the sufficiency of evidence to establish the court’s jurisdiction over a minor under Welfare and Institutions Code Section 300(d). During the jurisdictional hearing, the trial court assumes the role of the jury in determining issues of facts and credibility of witnesses. Its ruling will not be… Continue Reading.......

In Tough Economic Times, Motions For Modification Of Spousal Support May Be Used Improperly

Under California spousal support laws, a motion for modification of spousal support may be filed to alter spousal support payments. Through the course of a separation or dissolution of marriage, the courts will often award spousal support to one of the parties. The amount of that support is often based on the income and expenses of both parties. After the co… Continue Reading.......

In Dependency Cases, Incarcerated Parents May Lose Their Children Unless They Act Promptly in Defending Their Rights in Court

If you have been incarcerated and the Social Services Agency has taken custody of your children, you must know that the juvenile court cannot deny reunification services with your children simply because you were incarcerated in a penal institution. Instead, the court must set up a three-step reunification scheme that provides social services and visit… Continue Reading.......