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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.
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