California is a “no-fault” divorce state, which by far the most common divorce filing. For the no-fault divorce no specific reason is required to be given other than “irreconcilable differences.” However, other divorce actions can still based on fault. Even the states that recognize the “no-fault” divorce will consider fault when deciding other issues, i.e., property division and spousal support requests. Misconduct like spousal abuse or infidelity can often result in larger property awards and larger spousal support to the abused spouse. Read more “Divorce / Marital Dissolution”
Child support is defined as the amount of money that a court orders a parent, or both parents, to pay every month in support of a child’s living expenses. In general, the custodial parent (parent who cares for the child the majority of the time) will receive the child support payments. This means that the parent who has been awarded a greater share of custody will generally be the parent receiving the support payments. Child support payments will typically continue until the child turns 18, but may continue until the child turns 19 if the child continues to live at home and is still in high school. The period can be voluntarily extended if both parents agree or the court decides that the child requires support longer, in most cases as a result of disability. In more rare circumstances, marriage, self-support or emancipation could end support payments prior to the child turning 18. Read more “Child Support in California”
Santa Barbara Family Law Lawyer Helps With All Legal Aspects Getting Divorced in California
Divorce is the legal end to a marriage as ordered by a court. In the state of California, there are three ways to end a marriage: divorce, legal separation and annulment. Divorce is the most common tool used to end a marriage, and either spouse can decide to file a petition for divorce. It is not necessary for both parties to agree in divorce, and an unwilling spouse cannot stop the process by refusing participation. The unwilling spouse may be able to delay proceedings, but the petitioning spouse will be able to get a “default” judgement if the other spouse refuses to participate. The filing spouse is known as the petitioner and the other is known as the respondent. Read more “California Divorce”
Parents have a fundamental right to parent their children. When parents willingly chose to not provide or are incapable of providing proper and effective parental care and control such as providing basic necessities like food, clothing and shelter, a juvenile dependency case may open up. This will also pertain to if parents are abusive or neglectful. Read more “Juvenile Dependency”
Divorce is the legal ending of a marriage. Every state has different requirements in terms of how to complete a divorce but all require a judge to review and approve the divorce settlement or if the spouses can’t agree to a settlement, decide how to properly divide the property. Divorce can be a very emotional and stressful time in one’s life.
California Divorce Attorney Explains Best Divorce Strategies for Self Employed Husbands
The following article aims to help self-employed husbands and fathers during the legal battle of seeking a divorce. Though divorce is difficult for almost all individuals, there are some specific challenges for self-employed husbands when going through divorce and it’s always a good idea to contact a skilled California divorce attorney who can help you in your case specifically.
Read more “Divorce Strategies for Self-Employed”
California Divorce Attorney Explains What To Consider For Tax Filing When Going Through Divorce
Going through a divorce can be an extremely emotionally and stressful life changing event. With all the different factors and people involved, it can be overwhelming to know how to begin and what you should know. One of the most difficult tasks to take care of are dividing up the assets and if you and your spouse are not on speaking terms, things could get complicated, especially as it pertains to taxes. If you’re going through a divorce, consider consulting a California divorce attorney who can explain the various tax elements to consider and avoid any post-divorce tax surprises.
Read more “Tax Filing When Going Through Divorce”
Santa Barbara Family Law Attorney Explains the Step-Parent Adoption Process
Adoption is the legal process of creating a permanent, legally binding parent-child relationship when the adopting individual is not the biological parent to the child. This process results in the adoptive parent having the same legal rights and responsibilities as a biological parent. It’s important to discuss this process with a Santa Barbara family law attorney. This article aims to explain the general process of adoption of a child by a stepparent.
Stepparent adoption is the most common form of adoption. There are two forms of stepparent adoption. If you answer yes to the following questions, you are not seeking the basic stepparent/domestic partnership adoption, but the stepparent adoption to confirm parentage:
- Was the adopting parent married to, or in a legally recognized domestic partnership or union with the birth parent at the time the child was born?
- Is the adopting parent still married to, or in a legally recognized domestic partnership or union with, the birth parent?
Santa Barbara Family Law Lawyer Explains What to Expect in Divorce Court
Divorce Court is often scary for everyone except for judges and divorce lawyers, who are use to proceedings and know what to expect. The best way to conquer this fear is to get educated about the divorce court and to have an experienced Santa Barbara family law lawyer you trust on your side.
The First Hearing
Typically, the first hearing in Divorce Court is what is called the “Calendar Call.” Usually only attorneys appear in court to give a brief overview of the case and a time estimate for how long they expect the case to take. This usually starts around 8:30 AM, but each judge typically sees around ten cases each day. Each attorney will take just a few minutes to describe the issues of the case so the judge may prioritize the scheduling of further hearings.
If the judge deems that the case is ready for trial, he or she may set the date for trial to begin or set a date for a mandatory settlement conference. Read more “What to Expect in Divorce Court”
Santa Barbara Family Law Attorney Explains Modification of Orders
Court orders for child custody, child support, child visitation rights, spousal alimony, and other orders are made based on the facts and situations at the time of trial. But life moves on after divorce and people make drastic life changes that should be reflected in the court orders. When circumstances change, it’s important to seek advice from an experienced Santa Barbara family law attorney to determine if you have the legal right to seek modification of a family law order.
Modifications of orders may include:
- The amount of child support paid or received
- The amount of alimony paid or received
- Primary custody
- Visitation rights