Martial Actions in General
There are three types of marital actions in California: dissolution (regular or summary), legal separation and nullity.
In California, dissolution is granted on only two grounds: (1) irreconcilable differences or (2) incurable insanity. Cal. Fam. Code § 2310. Court are generally very liberal in the interpretation of whether or not there are irreconcilable differences in a marriage; however, if there is a reasonable possibility of reconciliation, the court must continue the proceeding for no more than 30 days. Cal. Fam. Code § 2334.
Out of State Child Support Orders
Did your ex-spouse recently move to California from another state and you want to enforce a Child Support Order against him or her? There are several things you need to know.
Drug Testing in Child Custody Cases
Often times in child custody cases, one parent will request the other party be required to complete a drug test. The reasoning behind the request may be because of an incident that occurred or an admission by the parent.
Because the Court bases a determination of child custody orders on the best interests of the child, under California Family Code section 3011, the Court has been given a tool to monitor drug use in certain cases.
Child Custody & Visitation Mediation
California Family Code section 3170 requires the Court send the parents in a Child Custody and Visitation matter to child custody counseling. Each county has a different model, whether it is Child Custody Recommending Counseling (CCRC) or Family Court Services (FCS); however, the creation of and the purpose behind the counseling comes directly from the California Family Code.
Disposition of the Martial Home
A major issue – often times the biggest issue – in divorce cases is the marital home. Who is allowed to stay in the home during the divorce process? Who will pay the mortgage payments on the home during the divorce process? Will payments made on the mortgage during the divorce process be reimbursable? What will the disposition of the marital home be once the divorce is finalized?
In California, intended spouses may contract with one another on a variety of issues. California Family Code section 1612 lays out a list of these issues very clearly, which includes property rights, management and control of property, disposition of property upon certain events, estate-planning rights, life insurance ownership rights, and choice of law rights.
Overtime, Bonuses, Stock Options – Do They Count As Income For Purposes of Support Orders?
Does your job allow for a significant amount of overtime? Or do you work overtime on a consistent basis? Is your ex-spouse trying to include the overtime pay as a part of your income for the purpose of determining an order of support? Per California Family Code, the determination of “income” is very broad.
After a divorce, many people find themselves looking for a new home. In order to make sure you qualify to purchase a home after your divorce is finalized, it is important to keep your “home buying goal” in mind during settlement discussions or negotiations.