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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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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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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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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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What is Supervised Custody in California?

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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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Considering a Divorce? Read This First

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Can you think of anything quite as emotion-draining, anxiety-inducing or stress-enhancing as a divorce? Among the most displeasing, uncomfortable things in life we have to deal with as adults, the process of separating after marriage ranks up there with the worst…and for good reason. Add children into the mix, and you have a recipe for unimaginable angst, jealousy, rage and a whole plethora of other emotions. But in some rare circumstances, this can be a relatively placid process, particularly if a couple doesn’t have children or many assets together; still, it will always involve a myriad of rules and paperwork –...

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Alimony and Palimony: What’s the Difference?

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Just about everyone has heard the term “alimony,” but “palimony” isn’t quite as well-known to the general public. While the terms sound similar, there is very little about them that are the same. Alimony, in California referred to as "spousal support" by the court, refers to a court-ordered payment that one spouse pays another spouse as part of a divorce settlement, while palimony is support that is paid to a cohabitating, but never-married partner at the end of a relationship. Related: Dividing Assets In Divorce McKean Fun Fact: Palimony is not recognized in California under the family code. If you want support from a non-marital...

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What You Need to Know When Divorce is Not Amicable

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Make no mistake – every divorce causes some kind of pain, namely in the emotional realm, and so-called “amicable” types aren't immune from this. However, an amicable approach is more civil in nature, and as such involves negotiating instead of litigating; this, of course, brings with it some upsides such as fewer court visits, less trauma on children, reduced legal costs and quicker resolution of the separation. In collaborative separations, both spouses retain lawyers, but the attorneys work as negotiators for the two of them, with the negotiations handled outside of the court. When non-amicable cases go to court, the judge...