Divorce

Divorce, also known as dissolution of marriage, occurs when one spouse decides to terminate the marital union and the legal duties and responsibilities of marriage.

Divorce Residency Requirements

Filing for divorce requires that one of the spouses must have resided in the State of California for at least six months prior to the date of filing, and that one of the spouses must have resided in the county where they are filing for at least three months prior to the date of filing.

Marriage Contracts Affecting Divorce

Couples often consider prenuptial and postnuptial agreements;  the difference being that one is entered into before marriage while the other is entered into after marriage.  Both agreements are contracts that characterize the parties’ assets and/or address specific interests.

Child Custody

The legal relationship that the parents have with their child which can be established by a court order during a divorce.  This includes legal custody – the right of the child to make decisions regarding the child’s care and development; and, physical custody – the time a parent spends with a child.

Child Support

The ongoing and periodic payment made by a parent for the financial benefit of a child following a divorce.  Child support is affected by each parent’s parenting time and each parent’s income.

Spousal Support

Also known as alimony, is a legal obligation for one spouse to provide financial support to the other spouse during separation and after divorce.  Spousal support awarded after separation and until a divorce is finalized is called temporary spousal support.  Spousal support that is awarded after divorce is call permanent spousal support.

Marital Assets

All property (whether it be an asset or debt) acquired during a marriage is characterized as community property.  All property acquired before or after marriage, by gift, or inheritance is characterized as separate property.  During divorce all community property is divided while all separate property is awarded to the acquiring spouse.

Domestic Violence Restraining Orders

A court order restraining a party from abusing another person who they share a close relationship.  Abuse includes physical violence, verbal attacks, emotional distress, economic restrictions and sexual attacks or molestation.

 

 

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