Frequently Asked Questions about Family Law

A divorce in California can be issued due to irreconcilable differences that have led to an irreparable breakdown of the marriage, or if one spouse suffers from incurable insanity.

In California, the community property of a married couple, which includes both assets and debts, is typically split equally, with each spouse receiving a 50/50 share. The law assumes that property acquired during the marriage is jointly owned by both spouses. However, there are exceptions for gifts or inheritances given solely to one spouse. Additionally, each spouse retains their own separate property, which consists of assets they brought into the marriage.

In California, finalizing a divorce takes at least six months, even if both spouses agree to the divorce right away. This is due to a mandatory waiting period from the time the divorce is filed to when it is finalized, which is intended to provide the couple with time to reconsider and possibly reconcile. In cases of a contested divorce, where pretrial discovery and trial proceedings to resolve disputes are involved, the process can be lengthier.

Child custody is determined based on what is in the best interests of the child, and it encompasses both legal and physical custody. When deciding on these types of custody, a judge will evaluate various factors, such as the child’s age and health, the emotional ties between the child and each parent, and the child’s connections to their school, home, and community.

The child support guidelines consist of a statewide framework that judges use to calculate the monthly child support payments in a divorce. Both parents are obligated to provide financial support to their children. The amount of support mandated by the court depends on each parent’s net disposable income per month and the amount of time each parent spends with the child.

In a divorce case, a judge may order spousal support to help the lower-earning spouse maintain the standard of living established during the marriage. Spousal support represents a legal requirement for one spouse to provide financial assistance to the other, either during or following a divorce, or as part of a legal separation.

The calculation of spousal support takes into account numerous factors. The court must decide the nature of the support, whether it is temporary or long-term, as well as the duration of the payments. Both temporary and long-term spousal support are assessed based on the couple’s financial circumstances and needs. Factors considered by the court include the standard of living during the marriage, each spouse’s earning capacity, their ability to pay, and their potential for self-sufficiency.

You may obtain an annulment if your lawyer successfully persuades the judge that your marriage falls within one of the specific legal categories for being void or voidable; as the petitioner, you carry the burden of proving these grounds. Los Angeles courts recognize several grounds for annulment, including: (1) the couple being blood relatives; (2) a spouse being underage; (3) bigamy; (4) coercion; (5) a spouse not meeting the legal age for marriage; (6) fraud; (7) incurable physical incapacity; (8) unsound mind.

A paternity case is a legal process in which a parent seeks to establish their rights to custody and visitation of a child. This process begins with the filing of a petition in court to determine parentage. When the biological father’s identity is in question, the court may order genetic testing. Beyond genetic testing, the court also considers other factors to determine if the petitioner is a legal parent.

Military servicemembers and their spouses involved in paternity actions have legal options that include access to parenting programs and necessary resources to support their children. Support is available for noncustodial parents in several situations: (1) an unmarried father wishing to establish paternity to gain a legal relationship with his child; (2) a noncustodial parent not currently in the IV-D child support program who wishes to pay support through the program to maintain a record of payments; (3) a parent seeking a review of a child support order after three years or following a significant change in circumstances.