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Family Law
- Divorce (Dissolution of Marriage)- Only 2 legal grounds for divorce in CA:
- Irreconcilable Differences OR
- Incurable Insanity
- Process
- Spouse (Petitioner) files a petition for divorce and requests decisions regarding property division, spousal support, child custody, and other issues. CA is a “No Fault Divorce” State, so Petitioner does not need to articulate any fault on the part of the other spouse. At that point 3 things can occur:
- Default: Other spouse (Respondent) fails to respond to petition, therefore, cases proceeds without the participation of Respondent.
- Uncontested: Once Petitioner spouse files petition, both spouses, by written agreement, agree to settle all the issues on their own.
- Contested: Respondent Spouse responds to petition, but the parties are unable to settle issues on their own and must proceed with litigation.
- Division of Assets (Community Property vs. Separate Property)
- Examples of Specific Assets or Liabilities that will be affected by divorce
- Family Home
- Family Business
- Pensions
- Insurance Policies
- Personal Property
- Allocation of Debts
- Bank Accounts
- Credit Card Accounts
- Personal Injury Awards & Property Settlements
- Lottery Winnings
- Hidden Assets: Formal Discovery through Litigation may help you find them. May be hidden::
- Antiques, artwork, etc.
- Having employer delay bonuses and other money to you (until after your divorce is finalized)
- Retirement Accounts that Spouse has never told you about
- Cash in the form of Traveler’s Checks
- Investment in certificate “bearer” municipal bonds or Series EE Savings Bonds because they are not registered with the IRS.
- Separation (vs. Divorce or Annulment)
- Trial Separation
- Living Apart
- Permanent Separation
- Legal Separation
- Annulment (vs. Divorce or Separation)
- Any of the following criteria may allow annulment:
- Fraud
- Temporary Insanity
- Mental Illness, Insanity, or Retardation
- Inability to Consummate Marriage
- One of the parties is already married (bigamy)
- Incestuous Marriage
- Lack of Consent/Duress
- Lack of Parental Consent for underage marriage
- Intoxication
- Child Custody & Visitation
- Legal Custody vs. Physical Custody
- Sole Custody vs. Joint Custody
- Temporary Custody
- Criteria for Custody is “Best Interests” of Child, such as:
- Wishes of the Child (if old enough to be able to express preference)
- Age and Sex of Child
- Mental and Physical Health of Parents
- Support and Opportunity for Interaction with Members of Extended Family of either parent.
- Interrelationship with Other Members of Household
- Adjustment to School and Community
- Excessive Discipline or Emotional Abuse by a Parent
- Evidence of Drug or Alcohol Use of a Parent
- Evidence of Sexual Abuse by a Parent
- Paternity Suits (rights of unmarried parent)
- Adoption
- Agency Adoption
- Rights of Biological Grandparents
- Surrogate Mothers
- International Adoptions
- Equitable Adoption vs. Adoption by Estoppel
- Open Adoptions vs. Closed Adoption
- Child Support
- Getting Child Support
- Paying Child Support
- Unpaid Child Support & Enforcement
- Changes to Child Support Orders
- Spousal Support (Alimony)
- Temporary & Rehabilitative Support
- Permanent Support
- Reimbursement Support
- Lump-Sum Support (alternative to monthly support payments)
- Criteria for Ordering Spousal Support
- Duration of Marriage
- Whether Children Live at Home
- Earning Capacity of Each Spouse
- Income and Property of Each Spouse
- Impairments in Earning Capacity
- Standard of Living During Marriage
- Pre-Marriage Planning by Engaged Couples
- Pre-marital (Pre-Nuptial) Agreements
- How to Own and Hold Property
- Actions by Spouse(s) that Cause a Particular Asset to become Separate Property versus Community Property
- Benefits and Downsides of Pre-Marital Agreements
- How to Manage Joint Incomes
- How to Maximize Retirement and Pension Benefits
- How to Deal with Inheritances
- Marital Agreements (Agreements made by spouses during marriage)
- Marital Settlement Agreements
- Post Divorce
- Change Your Name and Notify Social Security Administration of change
- Update Your Will
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