Judges evaluating custody cases in California must consider the best interests of the children in reaching a conclusion about how parents will share time with the children. Both parents begin with equal rights to custody; a judge is not permitted to give a preference to either parent based upon the parent’s sex.
What is the Difference Between Legal and Physical Custody? Divorcing parents need to figure out who will make decisions about their children’s care, where their children will live, and when each parent will spend time with the children.
Domestic abuse can assume any number of forms, including physical, mental, emotional, and even economic abuse (where one partner controls all the finances). Regardless of the form domestic abuse takes, it always leaves scars on the victims, and it can even affect the way courts make decisions about child
When parents divorce or separate, it naturally brings changes to a family. Many parents move following a divorce, whether to begin a new job or a new life. A judge can’t force a parent to remain in the state following a divorce. However, in some instances where one parent relocates, a judge will change
Overview of Annulment Annulment is a frequently misunderstood legal concept, because popular culture and religion have presented differing and often inaccurate views of what an annulment is in terms of family law. This article focuses on "civil annulments," not "religious annulments," which can only be granted by a church or clergy member.
California was the first state to implement the "no-fault divorce" concept. This means neither spouse has to accuse the other of marital misconduct; if the marriage has broken down due to irreconcilable differences, the couple can get a divorce.
When a divorcing couple disagrees on issues like child custody and property division, their divorce proceeding can become complicated and expensive. But when a divorcing couple is in agreement on the terms of their divorce, they can typically pursue a much simpler divorce process. Most states allow for
Alimony in California is called "spousal support." When a married couple divorces after building a lifestyle together, a court may require the higher earner—whether the husband or the wife— to assist the lower earner in maintaining that lifestyle for at least some period of time.
If you’re going through a divorce, you probably have a few questions regarding alimony, including how it’s calculated and how long it will last. This article provides answers to several frequently asked questions about alimony in California.
It happens so often it's almost become a cliché: a couple meets, falls in love, and marries. All is well until one spouse discovers that the other has a lover on the side. The marriage ends in divorce - a spectacularly painful disaster for everyone involved. If your marriage is about to end because of infidelity, you understand all too well how this feels.
When a couple gets divorced in California, the court will sometimes order one spouse to pay the other “alimony,” or payments of financial support. When the spouse who receives alimony payments (the “supported spouse”) gets remarried, however, he or she may no longer need financial support.
Looking for California’s rules on marriage, divorce, child custody, and child support? Want to find California’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in California, see the Resources by State section on this site.
Couples going through a divorce must decide how to divide their property and debts—or ask a court to do it for them. Under California’s community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in divorce. Some couples are able to agree on how to divide all their property and debts.
Child support is a court order for a certain amount of money divorced or separated parents must pay each month to help cover their children's living expenses. In California, the law sets out specific guidelines that courts must follow when determining how much child support parents must pay.
In California, child support is based on a complex calculation that takes into consideration the parents’ incomes, how much time each parent spends with the child, and any tax deductions that are available to either parent. This formula is applied whenever the support of a minor child is to be determined, including in dissolutions (divorces), paternity, and domestic partnership cases.
Understanding Child Support in California Child support is a monthly payment that parents make to help cover the costs of raising a child. Generally, the parent who cares for a child most of the time (called the custodial parent) tends to receive child support payments. This is because the law assumes that the custodial parent already spends money directly on the child.
In California, both parents are legally responsible for the financial support of their children, whether they're married to one another or not. Parents’ incomes are a key factor in figuring out how much support is owed.
Most parents want to support their children, both financially and emotionally, whether they are married to one another or not. Some parents, however, refuse to pay child support for their children even when ordered to do so by a court. Each state has specific resources and remedies available to help
What is a Legal Separation? A legal separation is an alternative to divorce. Some couples who choose this alternative do so as way to bring some closure to a relationship without having to completely end the marriage. They may choose a legal separation for religious reasons or for some practical purpose,
Summary dissolution in California is a divorce. It’s a way to end a marriage or a domestic partnership – or in some cases, both – in a quicker, less complicated way; but it’s not for everyone. It is limited to couples that have no children, relatively few assets and debts, and a marriage or partnership that lasted five years or less, among other conditions explained below.