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Family Law

Recent Posts in Family Law Category

  • Domestic Violence Restraining Orders

    Sometimes a relationship is plagued by instances of domestic violence. Under California’s Domestic Violence Prevention Act, family law courts may issue restraining orders to prevent acts of domestic violence. This article examines restraining orders under the Domestic Violence Prevention Act. What Is Domestic Violence? California Family Code § 6211 defines “domestic violence” to include “abuse” ...
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  • Representing Yourself in Court and Why It Might Be a Bad Idea

    Most attorneys will tell you that handling your case in pro per (or, on your own behalf), is a bad idea, at least in most situations. Small civil-court proceedings have indeed been held with both sides representing themselves in front of a judge. However, when going to court in a family law or criminal case, there are many disadvantages to representing yourself. An Unfortunate Case Example of ...
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  • Child Support in the State of California

    How Child Support Works When establishing a child support agreement, a California judge will calculate the amount required based on the income of both you and your spouse, including salaries, commissions, dividends, benefits and/or spousal support . The judge will also take into account the following: Each parent’s level of responsibility for the child The best interest of the child The standard ...
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  • Legal Separation in the State of California

    Under California state law, legal separation ends each party’s commitment with regards to community property, meaning that subsequent earnings of one spouse are not automatically enjoyed (i.e. 50/50) by the other. Once the legal separation has been agreed upon, the spouses live as if they were divorced, just without ending their marriage. Long story short: the state of California considers legal ...
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  • Grounds for Divorce in the State of California

    In the state of California, it is important that you demonstrate sufficient proof to the court that your marriage is beyond repair and in need of dissolution. Since California is a “no-fault” state, you need not demonstrate that either you or your spouse engaged in any sort of “wrong doing.” However, you must provide grounds that both you and your spouse can substantiate. Irreconcilable ...
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  • Divorce Basics in California

    When seeking a divorce in the state of California, it is important to know what’s required of you and your spouse. For instance you must be a California resident for at least six months prior to filing for divorce, and you must spend three of those months living in the county in which you’d like to file. The earliest a California court may grant your divorce is six months after the non-filing ...
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  • Spousal Support Considerations in California

    Under California state law, judges have a lot of discretion when deciding when, how much and to whom to award spousal support. A court will take many factors into account, but the decision to award spousal support (as well as the total amount to grant) is entirely up to the judge. When considering spousal support petitions, a California judge will consider the following: The standard of living ...
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  • The Basics of Spousal Support in the State of California

    In the state of California, spousal support (i.e. alimony), may be awarded to either party, regardless of sex. A California judge may grant spousal support in any amount and for any period of time that it considers fair and warranted based on the standard of living experienced during the course of the marriage. It is important to remember that spousal support is not mandatory, nor is it applied to ...
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  • Premarital Agreements in the State of California

    What Are Premarital Agreements? Commonly referred to as “prenuptial,” or “ante-nuptial” agreements, a premarital agreement is a legal tool by which future newlyweds express and agree upon various details regarding their marriage. For example, a premarital agreement may provide children the right to receive any and all assets in the event that both parents pass away. Simply put, a premarital ...
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