Community Property

Community Property – California is a community property state which simply translated means all assets acquired during the life of the marriage are presumed community property. All assets acquired before marriage, or by gift, or inheritance are presumed separate property. Problems often arise when there is a commingling of these assets.




Child Custody/Visitation

Child Custody/Child Visitation - Child custody and/or child visitation proceedings are initiated to obtain the courts determination as to which parent, relative or other adult should have physical and/or legal custody, control and responsibility of a minor child under 18 years of age. The basic consideration on custody matters is what is in “the best interests of the child” or children. In most cases, the non-custodial parent is given visitation rights, which usually includes weekends, parts of vacations, and alternate holidays. If changed circumstances warrant (as they often do), the court can always change custody and visitation orders.




Child Support

Child Support - Child Support is the money to be paid by one parent of a minor child to the custodial parent of a minor child. The amount of money is usually based on the individual income of the parties, the number of children, and any special needs of the children.




Paternity

Paternity - Paternity is the filing of a lawsuit to prove who is the father of the child born out of wedlock and/or to establish the legal rights and obligations of the unmarried father.




Prenuptial/Postnuptial Agreements

Anti-Nuptial Agreements - Prenuptial/Postnuptial Agreements (Commonly referred to as Pre-Nuptial Agreements) are written agreements between two people who are about to marry (Prenuptial) or two people who are already married (Postnuptial), defining the terms of community property and/or separate property to the marriage including the ownership of assets and debts, the treatment of future earnings, the control of the separate property of each party, debts, and the potential division of the assets and debts if the marriage is later dissolved.




Alimony

Alimony - Spousal Support is the obligation of one spouse to pay for the support and maintenance of the other spouse either during or after the divorce proceedings are initiated.




Annulment

Annulment - An action in court which seeks to declare the marriage null and void as if it never happened.




Legal Separation

Legal Separation - Legal Separation is an option for those who wish to handle their affairs and live their lives as if they were not married but wish to remain married for certain reasons. They have all the rights and duties of an unmarried person. However, they are technically still married and cannot remarry unless they procure an order for dissolution of marriage.




Registered Domestic Partnership

Registered Domestic Partnership - Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to statute and comply with the requirements of the statute.