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What Happens to an Adopted Child During a Divorce?

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Legal Rights and Responsibilities of Adoptive Parents The Court uses many terms to describe a diverse range of parents. You might hear the Court refer to individuals as a child's birth parents or biological parents or for parents who have adopted children as the adoptive parents. If you have adopted children, you may be concerned about what happens when adoptive parents separate and if the divorce process could have any impact on your ability to care for your children. When parents adopt a child and become the child's legal parent, certain rights and obligations are created. The adoptive parents have the same...

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How Long Does It Take To Get a Divorce?

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How Long Does It Take to Get a Divorce in California? A Judgment of Dissolution often called a divorce decree, is required in most states to end a marriage or a registered domestic partnership. In California, marriages and domestic partnerships are treated the same in the court system, so any mention of divorce in this article will apply to both. The divorce process starts with filing a divorce petition in family court. The filing spouse is the Petitioner, and the one who must answer the divorce proceedings is the Respondent. What Do I Need To Prove To End My Marriage? California law makes all...

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Is Spouse Income Considered in Child Support in California?

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in Child Support, Spousal Support

is spouse income considered in child support in california

Many people ask if the income of a new spouse of a party receiving or paying child support is factored into the child support calculation. The answer for either the payor or the payee is no for the most part. While there are many factors used in calculating child support, a new spouse's income is not one of them. A new spouse is not obligated to support a child from a prior marriage or relationship. Child support is intended to ensure that the child's basic needs are being met in both parents' households. The responsibility of making sure the child's basic...

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How is Alimony Determined in California?

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Alimony, or more accurately called spousal support in California, is divided into two categories: temporary support and permanent support. A spousal support award is intended to ensure that the lower earning spouse is able to support themselves both during and after the divorce. There are two types of spousal support: "temporary" and "permanent" spousal support. Both temporary and permanent spousal support awards are decided by a Judge if the spouses cannot agree on how much spousal support should be paid by the supporting party. Most counties in California use an alimony calculator to determine temporary alimony, but the Judge has the...

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Responding to Divorce Summons in California

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Responding to Divorce Summons in California

If you have been served with divorce papers, it is vital that you know your rights, respond promptly, and understand both the deadlines and limitations that go into effect against you as soon as you are served. Automatic Temporary Restraining Orders When you are served with divorce paperwork, it is highly important that you understand the temporary restraining orders that immediately go into effect. Yes, there are restraining orders that are put in place during all divorce filings, and as soon as you are served, you are bound by them. While they might not be the type of restraining orders you are...

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What do I do if my Spouse refuses to sign Divorce Papers?

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in Alimony, Divorce

What do I do if my spouse refuses to sign divorce papers? Filing for a divorce from your spouse can be time consuming, complicated, and emotionally draining. It is hard enough to make the decision to file for divorce and move forward, let alone navigate the Court's processes and procedures to progress your case, especially if one spouse refuses to participate in the divorce process. The good news is that the Court has established a set of procedures that allows a party to move a divorce forward, even if the other spouse refuses to sign the divorce papers. It is important...

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What if I Don’t Want a Divorce?

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in Divorce

If your spouse has indicated that they want a divorce, or if you have been served with divorce papers, but you don't want a divorce, there are a couple of options for married couples, both with and without the Court's involvement. Licensed Marriage and Family Therapist (LMFT) Licensed marriage and family therapists (also commonly known as a marriage counselor, marital therapist, family counselor, or family therapist) are trained to aid couples with difficult relationships or marriages move forward in their relationships. This could mean working to stay married or, if necessary, help both you and your spouse talk about a new life...

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Is There An Age Child Can Refuse Visitation California?

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Children can decide where to live only when they turn 18. It is a myth that children can choose which parent to live with once they reach 12 or 14 or even 16. Family court must consider all factors when there is a contested custody issue, but a child's stated custodial preference is a strong factor in California Courts when making custody and visitation orders. California law states that a child can express their preference regarding custody and visitation so long as they are of sufficient age to state an intelligent preference regarding the visitation arrangement. Normally a mediator will interview the...

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What is Supervised Custody in California?

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in Child Custody, Divorce

Supervised custody, often called supervised visitation, is where a non-custodial parent is monitored during their parenting time by a third party. The Court generally starts with a presumption that it is best for the child to maintain contact with both parents, but If there is any concern to the safety of a child, a judge may order supervised visits. There are many reasons why a judge might make a court order for supervised visitation, such as allegations of physical or sexual abuse of the child, mental illness of a parent, domestic violence, or concerns about a parent's suitability. THE BEST INTEREST OF THE...

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Dividing Property In a California Divorce. Is Everything Split 50/50 In a Divorce in California?

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Why is Community Property important? Generally, anything that the Court determines to be community property or community debts are divided equitably in a California divorce. Read on to better understand how living in a community property state could impact your divorce in California. There are nine community property states in the U.S., and California is a community property state. Here, there is a presumption that property, debts, and other assets acquired by a married couple during the marriage are community assets. In plain language, community property is assets and debts acquired that each spouse owns an equal, one-half interest in. Most assets acquired during...

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