Family Law

Resources

Annulment -: Can granted only when a marriage is adjudged void or voidable under conditions provided by statute (i.e., bigamy, fraud, force).
Automatic Temporary Restraining Orders (ATROs) -: with the commencement of every marital dissolution proceeding, certain restraining orders automatically go into effect (i.e. neither parent will be allowed to take minor child out of state without consent of the other parent).
Child Custody -: child custody has two parts: physical custody and legal custody. Either type of custody may be awarded to one parent ("sole custody") or to both parents ("joint custody"). If parents are not able to agree on custody, a judge will make the decision.
Child Support -: whenever the support of a minor child, or an adult child under certain circumstances, is at issue, the court may order one parent to pay the other child support based on established guidelines.
Community Property -: all property that you and your spouse acquired through labor or skill during the course of the marriage.
Divorce (or Dissolution) -: requires that you and your spouse must have lived in California for six months and in your county for three months before filing a petition to dissolve your marriage.

Legal Separation -: you and your spouse remain married but the court can divide your property and issue orders relating to child custody, visitation, child support, and spousal support.
Prenuptial Agreements -: generally an agreement made prior to the marriage to dispose of property upon separation or marital dissolution.
Paternity -: the legal identification of the father of a child. Paternity is at issue when the parents are not married.
Separate Property -: all property acquired before your marriage, inheritances to you before or during the marriage, and gifts to you alone.
Spousal Support -: money that one spouse pays to help support the other spouse after the filing of dissolution.
Visitation -: when one parent is awarded sole physical custody, reasonable visitation rights must be awarded to the other parent unless it is shown that the visitation would be detrimental to the child's best interest.