Family Law Issues
Can a father of a child get custody when he has never been married to the mother of the child?
There are a couple of ways that an unwed father can establish legal paternity to get custody and visitation of his child through the court system. Even when there is no dispute as to biological paternity, legal paternity must be established. When an unmarried woman gives birth to a child the woman and the man can reach an agreement that the man is the father of the child. The natural…
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What is Community Property?
Have you ever heard your buddies throw out the term Community Property and wondered what they are talking about? Did you know that generally speaking, your spouse is entitled to half of anything acquired during your marriage? With high divorce rates in California, anyone who is married or contemplating marriage should be very familiar with this term and its concept. California Family Code Section 760 states, "Except as otherwise provided…
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Setting Aside a Judgment or Order
Our firm gets many calls from potential clients who have already gone through a divorce or paternity matter which resulted in a judgment or order. All child and spousal support amounts have been decided on and child visitation is pretty clear. They call us because things have changed or things haven't worked out and they want us to help them get the support or visitation terms modified. Asking a judge…
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Divorce: A Sentence (or Lottery) of Lifetime Spousal Support?
The California Family Code differentiates marriages that last for ten years or longer and marriages that last for less than ten years. Many Californians believe that this distinction means that, if a marriage lasts for ten years or longer, then the payer of spousal support (called the supporting party) must continue paying spousal support for the rest of his or her life. While it may at times appear this way…
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Child Custody – Clearing up the Confusion
There has recently been a great deal of confusion concerning physical and legal custody of children upon divorce. At the conclusion of a divorce proceeding, parties commonly come to a stipulation or agreement where they will share both physical and legal custody of children, but rarely do they know what they are exactly getting into. Hopefully, this will help to clear up some confusion. There are several arrangements with child…
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Summary Dissolution of Marriage
Have you and your spouse agreed to a divorce? Or have you not been married for a long period of time and want to get it done as soon as possible? As long as you and your spouse meet the appropriate criteria, a summary dissolution of marriage might be the appropriate route to take. In order to qualify for a summary dissolution of marriage: You and your spouse must not…
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