Family Law Archives: Family law news, resources and more for consumers seeking information about divorce, legal separation, annulment, child custody, child visitation, child support, spousal support, paternity and terminating domestic partnership relationships in California

How to Establish Paternity in California

The process of how to establish paternity in California is not necessarily complicated, but it is important. Establishing paternity is the process of determining the legal (biological) father of a child. In most cases, if the parents are married to each other, paternity is automatically established. However, when a couple is not married (unwed), the [...]

By | March 26th, 2017|Family Law|0 Comments

Divorce and Social Security Spousal Benefits

When a couple is terminating their marriage, they often have questions about the correlation of divorce and social security spousal benefits a party may be entitled to. If your marriage was for more than ten years, you can claim Social Security spousal benefits on the entire earning history of your ex-spouse. This is commonly called [...]

By | January 20th, 2017|Family Law|0 Comments

Child Support For Special Needs Children

Child support for special needs children - not a topic that most families are faced having to discuss, however approximately 20% of couples have at least one special needs child. California courts require parents to financially support their special needs child (regardless of their age). An order of child support for special needs children may [...]

By | January 20th, 2017|Conservatorship, Family Law|0 Comments

Motion to Quash Service in Divorce

In California divorces, the petitioner (the spouse that initiates the divorce) is required to serve the respondent with a copy of the Petition and a Summons to appear in court. The Summons provides notice to the respondent that the petitioner has filed for divorce and informs them that he/she has 30 calendar days to file [...]

By | January 19th, 2017|Family Law|0 Comments

Custody and Timeshare in California

In California, either parent may have joint custody of their children. A parent can also be awarded sole custody if the other parent presents a serious threat to the safety and welfare of his/her child. In every divided family going through divorce or legal separation or in matters of paternity, custody and timeshare is foundational [...]

By | December 29th, 2016|Family Law|2 Comments

Dividing Military Pensions in Divorce

A military pension is a form of deferred compensation. Military service members receive a lifelong pension after completing 20 years of service. Service members' military pensions are valuable assets in a divorce. A military pension is divisible in a divorce so long as the court has jurisdiction over the proceeding. Read on to learn more [...]

By | December 10th, 2016|Family Law|0 Comments

Understanding Pet Custody in Divorce

It is not always easy deciding where the family pet will live post-divorce. A family’s pet can have a huge impact in both owner’s lives and decisions about pet custody in divorce can be contentious. Pets are loyal and provide companionship to their owners. This type of bond can cause strife when both parties are [...]

By | December 9th, 2016|Family Law|0 Comments

How Does a Court Decide Custody?

Child custody cases can take months to resolve. Parents may go back-and-forth to create the perfect co-parenting plan that suits their child’s needs. So how does a court decide custody if the parents cannot agree? If parents are unable to reach a child custody agreement, the court will grant a child custody order that they feel [...]

By | December 7th, 2016|Family Law|0 Comments

Myths about Mediation in Divorce

When researching mediation in divorce, don't believe everything your friends tell you or what you find on the internet! There are many myths about divorce mediation circling throughout the web. Below are 5 common myths about California mediation in divorce . Mediation Myth #1: Men Fare Better than Women Using Mediation in Divorce This is [...]

By | December 6th, 2016|Family Law|0 Comments

How to File an Emergency Custody Motion

Filing an emergency custody motion, also known as an ex parte motion, is common in family law cases. An emergency custody motion can help California residents get immediate legal relief regarding custody issues in divorce, legal separation and paternity cases. California Family Law Code section 3064 outlines the requirement of an emergency custody motion. Specifically, [...]

By | December 4th, 2016|Family Law|0 Comments