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Family Law - EZ-Divorce

Family Law encompasses Pre-Nuptial Agreements, Dissolution of Marriage (Divorce), Nullity (Annulment), Legal Separation, Settlement Agreements, Paternity, Child Custody/Visitation, Child Support, Spousal Support, Wage Assignments for Support, Community Property Rights, and Name Changes.

FAMILY LAW – DIVORCE: In definition is sounds simple, “dissolution of marriage.”  In reality, divorce can be one of the most complicated and emotional legal procedures.  It all depends on how deep the disagreements are over property, money or children.  If you and your spouse are fortunate enough to agree on the terms and conditions of the divorce, then the process can proceed easily and inexpensively through our EZ DIVORCE services.

Child Support: Both parents of children are responsible for the support of those children ... whether they are separated, divorced, or never even married. Each parent is expected to pay half of any childcare expenses reasonably necessary to allow the custodial parent (the one with whom the child mostly resides) to work. Each parent is expected to pay half of any unreimbursed medical expenses for the child as well. In addition, the legislature has established guidelines for additional child support orders based on the relative incomes of the parents and the amount of time the non-custodial parent spends with the child.

Community Property: California (along with Louisiana, Texas, New Mexico, Arizona, Nevada, Washington, Idaho and Wisconsin) is a 'community property state'. Income earned as a result of the time, skill and effort of either spouse is presumed to be community income subject to equal management and control of both; and property and debts acquired during the marriage (but prior to separation) are presumed to be community property and debts (including pensions, IRAs, 401(k) s, etc.), subject to equal division upon dissolution. Excluded would be specific gifts to one spouse and/or inherited money/property.  Problems arise, of course, when one spouse owns property or a business prior to the marriage, which is improved, or even re-titled, during the marriage.

Dissolution (Divorce): To file for divorce in California, you (or your spouse) must have been a resident of California for six (6) months and a resident of the county in which you are filing for three (3) months. If you have been married for less than five (5) years, there are no children of the marriage and the wife is not pregnant, and neither party owns any real estate, and some other qualifications exist you may qualify for a simple dissolution.

Pre-Nuptial Agreements: These agreements are normally designed to spell out, in advance, how the incomes, property and debts of the parties, whether acquired before or after the marriage ceremony, are to be characterized; and they often deal with who will pay what expenses during the marriage. They should be signed and notarized well before the marriage ceremony.


State of Law

Please also remember that the state of the law discussed on this website is from a San Diego, California perspective and will vary somewhat, depending on what's being discussed, in the other states and territories in the United States.

As well, the state of family law often changes swiftly and your situation may be dealt with differently than as set out on this website because of changes of law or of fresh judicial interpretations.

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