Dissolution of Marriage
This action can be filed by a married person or domestic partners to end the marital relationship between a husband and wife or domestic partners. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage or domestic partnership, child support, spousal support, and confirm or divide community and separate property assets and debts. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork.
If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default. Once the default is entered, the Petitioner can complete the divorce proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter. Read more “Dissolution of Marriage, Legal Separation & Nullity Of Marriage”
Child support is a legal obligation for one parent to the child, however, there may be instances where one parent cannot or does not want to continue to pay the support. There are many reasons why a child support order might be in need of a change such as the the parent’s income changing, one parent losing his or her job, one parent being incarcerated, one parent had another child in another relationship or things of that sort. Read more “Modification of Child Support Orders”
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”
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?
Read more “Step-Parent Adoption Process”
Santa Barbara Family Law Attorney Helps With Child Support Issues in California
Divorce is always a difficult and emotional time in someone’s life. There are a lot of difficult and specific elements of a divorce and gets much more complicated if children are involved. It’s always best to contact a knowledgeable family attorney who can help with your situation specifically. Read more “Child Support”
Domestic violence is a serious issue in America and across the globe in general. There are millions of men and women across the country that face dangerous abuse on a daily basis, and this abuse affects the lives of children and other family members in serious and lasting ways. A major problem with domestic violence and the related crimes lies with the reporting of these crimes – millions of incidents take place every year that go unreported and undocumented as a result of fear and intimidation by the abusing partner or other family members. Read more “False Domestic Violence Allegations in Child Custody Cases”
Divorce Lawyer in Santa Barbara Discusses Use of Premarital Agreements
The age we live in today is in stark contrast to the one our parents grew up in, and one of the biggest changes in American society in the last few decades has been scene in the institution of marriage. Less and less people are getting married, marriages aren’t lasting as long, and the Country’s divorce rate has skyrocketed. In this age of divorce, a formerly obscure legal document, the premarital (prenuptial) agreement, has come into almost standard use. Read more “Should I Get a Premarital Agreement?”
Santa Barbara Divorce Attorney Explains Property & Finances During a Divorce
When it comes to divorce, California is a “no fault” state. Unlike other states, this means that an individual may file for divorce from their spouse without having to prove there was any wrongdoing. Divorce legally ends a marriage, unlike separation. A judge is required to review and approve all divorce settlements and child custody. If spouses cannot agree on a settlement, the judge has the power to decide how property and parenting will be divided. Obviously it is much better to use a Santa Barbara divorce attorney so that an agreement of sorts may be reached instead of leaving it up to a judge. Read more “Finances During Divorce”