|
|
Family law is an area of the law that deals with family related issues and domestic relations including:
- the nature of marriage, civil unions, and domestic partnerships;
- issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction
- the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support awards).
This list is by no means dispositive of the potential issues that come through the family court system. In many jurisdictions in the United States, the family courts see the most crowded dockets. Litigants representative of all social and economic classes are parties within the system.
For the conflict of laws elements dealing with transnational and interstate issues, see marriage (conflict), divorce (conflict) and nullity (conflict).
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A surrogate court decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.
Divorce Law In California
California is a no-fault divorce State. That means that fault is not a requirement in order to obtain a divorce or a legal separation. Nor do the Courts require you to have a reason for filing for a divorce or legal separation. You simply need to state that the divorce or legal separation is premised on irreconcilable differences. You may file for divorce or legal separation without your spouses consent. Once you file, you are required to serve your soon to be ex spouse with notice of your having filed for a divorce or legal separation. The process for obtaining a legal separation is the same as the process for obtaining a divorce. At the end of the legal separation process, you are still married. However, for financial purposes you are separate and apart from each other.
Many Clients inquire abut the residency requirements for a dissolution. California law requires that at least one of the Parties in the divorce proceedings (1) resided in the California for at least 6 months; and (2) within the County where the Petition is filed for at least 3 months. These requirements do not apply to a legal separation.
California is a Community Property State. That means that all of the property (debts and assets) accumulated during marriage is equally owned by the Parties and will be equally divided among the Parties upon divorce. California courts make the final ruling on issues of child custody and parental visitation rights. The health, safety, and welfare of children are the primary concerns in custody disputes. Though the initial presumption is that the best interests of children are served by regular contact with both parents after a divorce, the courts will base their final custody decisions on several factors, which may include any history of child or spousal abuse or habitual use of illegal drugs and alcohol. While many parents enter into these proceedings attempting to convince the courts that they deserve the children, courts ultimately award primary custody to the parent or parents they determine are fit to provide the children with the safest and healthiest environment, and who will foster and nurture frequent and continuing contact with the other parent.
At the end of the day, in some cases, it is wise to consider whether the marriage can be dissolved through agreement. That is, you and your soon to be ex spouse have the option to have your attorneys guide you through making your own decisions on child support, visitation, custody, spousal support and division of property and have the document filed with the Court.
|
