DIVORCE LAW PRACTICE AREAS
NULLITY OF MARRIAGE
In the state of California, a divorce takes six months and a day from the date the the opposing party is served. A judgment cannot be entered before that date. However, if the divorce is not resolved, it can be entered after that date.
Legal separation is the similar to a divorce in that it requires a petition and a response. It requires a judgment. The main difference is that when a judgment is entered for legal separation, the parties are still married and cannot marry third-parties.
An annulled marriage is the act of a court stating that the marriage is invalid. It is based uponstatutory factors such as fraud, underage consent among other factors. An annulment may only be decreed by a court. The parties cannot agree that they were never married.
CHILD CUSTODY AND VISITATION
The court favors both parents being involved with the minor children and will look to the well-being of the children.
Spousal support is based upon the marital standard of living. The court looks to numerous factors to determine how much spousal support to award.
Child support is based upon several factors including the income of both parents and the amount of time that the children spend with each parent.
BUSINESS IN DIVORCE
Community property is divided equally and awarded to each spouse. However, the spouses or the court are not required to divide each asset in half. Rather, the parties can divide buy out each other's interest in particular assets.
Legal custody is the right for a parent to make legal decisions for a minor child. Among other things, legal decisions include where to go to school, whether or not to get counseling, which doctor to visit, religion, etc.
Often one spouse would like to keep the business. If so, then the other spouse will be paid half the value for the business if it is community property. In that case an expert is sometimes hired to analyze and value the business.