- Divorce
- Child SupportIn order to ensure that children receive an adequate level of support, California has implemented a Statewide mandatory guideline system. The main factors in determining child support under the guideline formula are each parent’s respective income and the percentage of time each parent has custody of the children. There are numerous factors that can also affect the amount of support, such as tax consequences, bonuses, seasonal work, new spouse income.
- Child Custody and VisitationChild Custody and visitation orders in California are based on “the best interests of the children” standard. In general, there is no gender preference for the custodial parent, and one of the primary stated goals of the legislature in California is to provide frequent and continuous contact with both parents.
- Spousal SupportSpousal support, also called alimony, is financial assistance provided by the higher earning spouse to the lower earing spouse to assist the lower earning spouse until the spouse becomes self supporting. In marriages less than ten years duration, there is a rebuttable presumption that the correct duration for support is one-half the length of the marriage. This presumption does not apply in marriages longer than ten years, which are considered “long term” marriages. In either case, the duty of the higher earing spouse to provide support to the lower earning spouse is balanced by the requirement that the lower earning spouse must make good faith efforts to become self supporting, and the failure of the supported spouse to do so can be one of the factors the court considers when terminating support.
- Legal SeparationPrior to filing for Dissolution of Marriage in California, a party must have been a resident of the State of California for six months immediately preceding the filing, and a resident of the County the case is filed in for at least three months. Parties unable to meet the residency requirements often file for a Legal Separation, and convert the case to a dissolution once the residency requirements have been met. Child Custody and support cases may have different jurisdictional requirements, and you should consult with an attorney to ensure that you meet those requirements.
- AnnulmentCertain circumstances may make the couple eligible for declaration of nullity of marriage, commonly referred to as an “annulment”. At the completion of this proceeding, the parties are restored to as unmarried status – as if they were never married at all.
- Personal InjuryOften financial and property issues can present complex issues, and may have separate and community property components. Retirement accounts, pensions, personal injury awards, and ownership interests in real property often require a thorough legal analysis in order to property divide the asset. It is important to seek guidance and legal advice on the financial issues that can affect your rights when dividing the community assets and debts.