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Divorce or Separation

There are many times throughout your life when you or your family may seek legal assistance. One out of every two marriages today ends in divorce and many divorcing families include children. When making decisions that affect you and your family. Parents who are getting a divorce are frequently worried about the effect the divorce will have on their children. Some kids feel guilty about what happened, or wish they had prevented arguments by cooperating more within the family, doing better with their behavior, or getting better grades. But separation and divorce are a result of a couple's problems with each other, not with their kids. The decisions adults make about divorce are their own. During this difficult period, parents may be preoccupied with their own problems, but continue to be the most important people in their children's lives. We can guide you through divorce documents, child custody, prenuptial agreements, spousal support (alimony), and drafting a will or a living trust.

Divorce or Separation

There are many times throughout your life when you or your family may seek legal assistance. One out of every two marriages today ends in divorce and many divorcing families include children. When making decisions that affect you and your family. Parents who are getting a divorce are frequently worried about the effect the divorce will have on their children. Some kids feel guilty about what happened, or wish they had prevented arguments by cooperating more within the family, doing better with their behavior, or getting better grades. But separation and divorce are a result of a couple's problems with each other, not with their kids. The decisions adults make about divorce are their own. During this difficult period, parents may be preoccupied with their own problems, but continue to be the most important people in their children's lives. We can guide you through divorce documents, child custody, prenuptial agreements, spousal support (alimony), and drafting a will or a living trust.

Filing for Divorce or Separation

There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 

 

After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Think about how you are going to handle your case. If you want to end a registered domestic partnership, domestic partners must also file for dissolution (divorce), legal separation, or annulment to end their relationship.

Filing for Divorce or Separation

 

There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 

 

After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Think about how you are going to handle your case. If you want to end a registered domestic partnership, domestic partners must also file for dissolution (divorce), legal separation, or annulment to end their relationship. 

Property and Debt

The property and debts part of a divorce or legal separation is often so complicated and the cost of making a mistake is so high that you should talk to professional before you file for Divorce, Separation or Annulment to end your relationship.

 

Understanding Property:

Property is anything that can be bought or sold, like:

  • A house, Cars, Furniture, or Clothing.

      Property is also anything that has value, like:

  • Bank accounts and cash, Security deposits on apartments, Pension plans, 401(k) plans, Stocks, Life insurance that has cash value, A business, or A patent.

Community and Quasi-Community Property:

Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.

 

Quasi-community property

It is any type of property that was acquired by either one or both spouses or domestic partners when living in another state that, had it been acquired while living in California, it would have been considered community property.  In other words, if you or your spouse or partner were living outside of California during your marriage or partnership, and you had any earnings, bought any real estate, or acquired any other type of property that in California would be community property, that property is called quasi-community property. And, in a divorce or legal separation in California, it will be treated as community property.

Separate Property:

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property. And property you buy with separate property is also separate property.

 

Mixed Community and Separate Property — Commingling:

Sometimes things are part separate property and part community property. This is called “commingling” because the separate property and community property have become mixed together. When property is a combination of separate or community property, it can get very complicated to figure out how to divide it.

Basics of Custody & Visitation Orders

 

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on. If the parents cannot agree, the judge will make a decision at a court hearing. The judge will usually not make a decision about custody and visitation until after the parents have met with a mediator from Family Court Services.

 

There are two kinds of child custody:

  • Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and

  • Physical custody, which means who your children live with.

       Legal custody can be:

  • Joint, where both parents share the right and responsibility to make the important decisions about the health, education, and welfare of the children.

                            OR

  • Sole, where only 1 parent has the right and responsibility to make the important decisions about the health, education, and welfare of the children.

 

Parents with legal custody make decisions or choices about their children’s:

  • School or child care

  • Religious activities or institutions

  • Psychiatric, psychological, or other mental health counseling or therapy needs

  • Doctor, dentist, orthodontist, or other health professional (except in emergency situations)

  • Sports, summer camp, vacation, or extracurricular activities

  • Travel

  • Residence (where the children will live)

 

Physical custody can be:

  • Joint, which means that the children live with both parents.

  • Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent.

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