DivorceDivorces are either contested, meaning they require the Court’s assistance to resolve, or uncontested, meaning they are resolved by agreement of the parties.
Property DivisionCalifornia law requires that all assets and debts acquired during marriage are divided equally. Property division issues arise when parties cannot agree upon the value of an asset, the amount of a community debt or whether or not the asset or debt is community property, separate property, or a combination of both.
Spousal SupportSpousal support is calculated differently during the pendency of the divorce and upon final judgment; however, in both instances its purpose is to provide the supported spouse with the financial means necessary to maintain a comfort level as close as possible to the standard of living enjoyed during the marriage.
Restraining OrdersA restraining order restricts or limits contact by the restrained party to the protected party. A restraining order will be issued where there is sufficient evidence of domestic violence, which includes, but is not limited to, physical abuse, emotional abuse and express or implied threats of violence.
Child Custody/VisitationThere are two types of child custody: legal custody and physical custody. The parent with legal custody is the parent who makes the important decisions in the child’s life, for example determining the child’s school or the child’s physician. Legal custody is generally held jointly by both parents. Physical custody reflects the timeshare that the child spends with each parent. If one parent has primary physical custody of the child, the other may be ordered visitation.
Move AwaysA court order is often required when one parent wants to move out of the area with a minor child if the other parent does not consent to the move. Although the court cannot prevent the parent from moving, it can order that the child remain in the custody of the non-moving parent.
Child SupportChild support is determined by a statewide calculation considering many factors, including but not limited to, the parents custodial timeshare percentage, each parent’s income, tax exemptions and deductions, and numerous other factors. Support will be directly withdrawn from the supporting party’s paycheck unless the parties agree otherwise.
Premarital AgreementsPremarital Agreements, also called Prenuptial Agreements, are written agreements entered into before marriage that express the parties’ intention with respect to property division in the event that the parties divorce in the future.
Estate PlansWills, Trusts, Powers of Attorney and Advance Health Care Directives are all integral parts of an estate plan.