- Divorce
- Child Custody & Visitation
- Child Support
- Division of Community Assets
- Mediation Issues
- Marital Settlement Agreements
- Contempt of Court
- Domestic Partner Disputes
DIVORCE – Also known as "Dissolution of Marriage." California is a "no fault" state, meaning that you do not need any particular circumstance to get a divorce. All that is required is "irreconcilable differences" that the Court or counseling will not cure. California family law establishes the financial obligations of the divorcing parties, and finally and completely ends the legal relationship for all purposes. Property must be divided, debts assigned, and, if appropriate, spousal support determined. For parties with children, the divorce process also requires resolving parenting issues and establishing child support. Without remarriage, tax returns must now be separately filed as single or head of household (and not as married) persons.
CHILD CUSTODY & VISITATION - The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare must be a decision that all parties reach and agree upon as a long-term legal solution. Custody usually refers to a combination of physical custody and legal custody.
California uses a "best interest of the child" standard in awarding custody between the parents. Sounds simple, but many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the child (children) as "primary custodial parent" it has far reaching consequences both to you and to the well-being and development of your child.
CHILD SUPPORT - A parent’s legal obligation to contribute to the economic maintenance and education of children is known as child support. This obligation is enforceable both criminally and civilly. Each parent has a duty to support their minor children. This financial obligation extends, with a few exceptions, until the child reaches the age of 18 years and graduates from high school or turns 19, whichever happens first. This is assuming that the child has been proven or agreed to "paternity" i.e.: it has been legally established who is the father of the child(ren).
The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Parents can decide on their own what is a fair amount of support, but the duty of each parent to support their child cannot be waived.
If the parents do not agree the proper amount of support, California has adopted a "guideline" formula, which includes a lot of factors which affect support, such as the amount of time spent with the child, the parties pay, and deductions (i.e. a pension). There are also many "discretionary" deductions from income. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.
DIVISION OF COMMUNITY ASSETS - California marital domicile can invoke California "quasi-community property" law meaning that anything viewed by spouses as "community property" and "community debt" incurred during the marriage is divided equally. This may sound simple, but again, a skilled law office can make a large contribution to helping through this issue. Some examples: Family heirlooms, pictures, family pets and furniture. Once again it sounds simple, but often is not.
MEDIATION ISSUES - A process of non-binding intervention between divorce parties to promote resolution of a grievance, reconciliation, settlement or compromise outside of the court system. This type of out-of-court settlement proceeding can be non-binding if the parties decide not to agree on the terms set by the mediator. While legal counsel is
not necessary, most parties hire an attorney to represent their interests during the
mediation proceeding.
MARITAL SETTLEMENT AGREEMENTS - In negotiating your agreement, your family law attorney will advise you on how a court is likely to divide your property, award custody and child support, and deal with other issues. Courts usually approve marital settlement agreement if it is generally fair and the court is convinced that the agreement is genuine. Often the court may review financial affidavits attached to the agreement to ensure that both parties agreed without fraud or coercion.
CONTEMPT OF COURT – If you are accused of not adhering to terms of separation, child support or child custody courts may find a parent in contempt of court. This enforcement tool is used only when all others have failed and the party at fault will be subject to penalties and possible incarceration. Your attorney can help guide you through this process to make sure you have a successful outcome if this charge is levied against you by the court.
DOMESTIC PARTNER DISPUTES - Beginning January 1, 2005, in many circumstances, ending domestic partnerships must begin by a dissolution proceeding in the Superior Court. Same-sex couples, including those validly formed in another jurisdiction, must file paperwork with the court in certain circumstances which your legal counsel must evaluate according to state law. This new law has created new rights and responsibilities, including laws governing community property, property transfer, those regarding duties of mutual financial support and mutual responsibilities for certain debts to third parties, and many others. A qualified attorney can help navigate domestic partner disputes that are not defined as a divorce.
If you or someone you know in San Diego, California needs the assistance of an experienced San Diego divorce attorney, contact San Diego Family Law Attorney John P. Martin today at 866-679-5408 or use the contact form provided to begin an evaluation of your family’s legal needs.
