LEGAL DOCUMENTS & MEDIATION SERVICES
Bonded and Registered LDA No. 240, Santa Clara County, Exp. Date: 6/16/24
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Call: (408) 479-8562
Divorce & Family Law
Bonded and Registered LDA No. 240, Santa Clara County, Exp. Date: 6/16/24
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DISCLAIMER:
I am not an attorney. I can only provide self help services at your specific direction.
I do not offer legal advice, discuss legal strategies, answer questions of a legal nature, select forms, interpret documents, or appear in court on the consumer’s behalf. Please contact an attorney for any legal questions.
Divorce, Legal Separation,
Annulment
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Divorce/Dissolution: The goal of the dissolution process is to end the marriage and decide issues such as custody, visitation, child support, spousal support, and division of assets and debts. Dissolution can be "uncontested" or "contested."
Summary Dissolution: A shorter and easier way is "summary dissolution" but not everyone can utilize this method. Summary Dissolution is possible for couples who meet certain criteria.
Legal Separation: A legal separation is a case where you will get a judgment that settles all the issues in your case, just like a divorce judgment does, except that you will still be married to your spouse when the case is finalized.
Annulment/Nullity: Annulment does not only terminate the marriage but also reverses the marriage and restores the parties to their original pre-marital status. Unlike a divorce or legal separation, judgment on an annulment can be granted under specific conditions set forth in California Family Code.
Custody, Visitation, Support
Custody: In California, either parent can have custody of the children or the parents can share custody. There are two kinds of child custody: Legal custody, which means who makes important decisions for your children (such as, healthcare, education, and welfare). Physical custody, means who your children live with. Custody can be joint or sole.
Visitation/Time-Share: Visitation is plan for how the parents will share time with their children. Judges may give sole or restricted custody based on issues of protection and safety in the "best interest of the child".
Child Support: Child support is amount of money that a court orders a parent or both parent to pay every month to help pay for the support of the child (or children) and the child's living expenses. "Guideline" support is calculated using a statewide formula and is based on income of the parties, visitation, and may required parents to share certain costs and special needs.
Spousal Support/Alimony: "Spousal Support" for married couples and "partner support" in domestic partnerships is a certain amount of money the court may order one spouse/partner to pay other. You can ask for "temporary spousal or partner support" while your case is going on. Once the divorce of legal separation becomes final, it is called "permanent (or long-term) spousal or partner support."
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Property Division
In every divorce, a couple's property and debts must be divided between them. Property is anything you can buy or sell or has value. California is a community property state. This means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally.
Separate property is what each spouse own or owe individually from before marriage or after separation, and any gifts or inheritance. In divorce, each spouse will keep their own separate property, and their own separate debts.
You can informally determine how your marital property will be divided in your divorce when you are separated, but a judge still needs to make a formal order about these issues. This doesn’t mean you have to go to court. A judge will need to review your settlement agreement before granting a divorce, judges typically approve property agreements unless they're obviously unfair.
Domestic Violence
Restraining Orders (DVRO)
The court can make several orders based on your Request for Order under Domestic Violence Prevention Act, such as personal conduct orders and stay-away orders. The court can issue move-out orders, right to record communication, use of property, property restraint, attorney fees and costs, batterers intervention program, and to have the perpetrator turn in all guns and firearms to police of gun dealer. The court can make orders regarding child custody, visitation, child support and spousal support.
