Family Law Blog

Is Mediation Required for Divorce in California?

It is often possible for a couple to save money and mitigate stress by using mediation as a means to end their marriage. During this process, a skilled professional will meet with each spouse and provides neutral counsel as a way to help them negotiate and reach a compromise on the terms of their divorce. This is often beneficial to both parties, as it helps them reach a settlement without taking their divorce to trial. Is Mediation Mandatory for a Divorce? There are certain scenarios in which a judge must order a couple into mediation during their divorce related to

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Can a Spouse Kick You Out of the House in California?

There are certain domestic scenarios in which a spouse may wish to kick their partner out of the house. At times, doing so is the best means of preserving their own safety or that of their pets or children. In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency. If the situation is not dire, they must exhibit evidence of the

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How Long Do You Have to be Separated Before Divorce in California?

Each state has its own policy on when a couple can file for divorce. A couple will often try a period of separation before they decide on a divorce. In order to prevent quickly made decisions that aren’t thought through, the state of California requires a waiting period so that the final decision is made with clarity. A waiting period can be a period of separation, but it is not always the case. At Paula D. Kleinman, you can get assistance with your divorce case promptly and with care. Does California Require a Period of Separation Before Divorce? In the

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What Is a Wife Entitled to in a Divorce in California?

Navigating a divorce can be a stressful and perplexing time in your life, and determining who gets what assets and child custody can add to the stress. Knowing what you are entitled to in a divorce is vital to protecting yourself and making sure you get what you deserve. Considering the complications of California law, a wife may be entitled to a percentage, but it might be less than she deserves. A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner’s income for child support,

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Can A Father Stop the Mother From Moving?

Legal issues involving child custody and visitation tend to be particularly emotional, contentious, and complicated. Determining child custody once is difficult enough for most divorcing couples, but when one parent wants to relocate with the child after the original custody order is established, the custody determination process might need to be revisited or even restarted completely. While a family law judge cannot prevent a parent with joint or sole custody from moving, the existing child custody arrangement usually dictates how many miles away they can move with their child(ren) without additional court involvement. Seeking to relocate further away requires modifying

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What Qualifies You for an Annulment?

Annulment is a process that many people have only seen on television, but it does apply to some real-life marriages and domestic partnerships. The annulment process is often misunderstood because religious practices and popular culture tend to create an inaccurate representation of how it is applied legally. There are civil annulments, which legally nullify a marriage or domestic partnership, and religious annulments. Those granted by a clergy member or church, however, do not apply in the eyes of the California family court.   What’s the Difference Between a Divorce and an Annulment? Individuals often believe that an annulment and a

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What Is a DCSS Hearing?

DCSS stands for California’s “Department of Child Support Services.” This state government agency helps families with child support issues by offering the public certain services that include the review, enforcement, and execution of child support orders. A DCSS hearing is a type of court proceeding that allows you to have your day in court. It’s not the same as a trial, but it allows you to tell your side of the story and present evidence so that an impartial judge can decide. While you may find yourself tempted to represent yourself in a DCSS hearing, it’s always best to have

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Does Child Support Automatically Stop at 18 in California?

If a court order requires you to pay child support, the payments that you owe and the length of time you are obligated to make them are determined by California state law. In almost every case, the law mandates that child support payments are automatically garnished from your wages and distributed to the custodial parent to help cover your child’s physical, medical, and educational needs. It is crucial that you understand California’s child support guidelines so you know when to expect the discontinuation of your child support order and how to prepare. Learn about child support termination below, then contact

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How Do I Modify Child Support in California?

As a parent, you want to make sure your children have the best possible care. You want to ensure they are clothed, fed, adequately educated, and given all the tools necessary for a bright and healthy future. Regardless of your relationship with your child’s other parent, you both have certain legal responsibilities to provide for your children. Every family is unique, but the family court’s number one priority is always to protect the best interests of your children. Depending on whether you are the higher-earning parent or the one who offers the most parenting time, you may have to pay

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What Is Property Division?

Divorce is more than just ending your marriage. It is a formal legal process that involves several components depending on the unique aspects of the divorce. For example, one of the most challenging aspects of any divorce is property division, the process by which divorcing spouses establish separate ownership over their marital assets and property. If you are preparing for divorce in California, it is essential to understand the property division process, what it entails, and how to prepare for it. Your property division determination can potentially impact your life in several ways for many years to come, so it’s

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What Are the Three Types of Spousal Support?

Divorce involves many complex and emotionally charged legal issues, but spousal support is often the most contentious. Filing for divorce can be an expensive endeavor for many couples, especially if one spouse has been unemployed for an extended period of time to support the other’s career or raise their children. Thankfully, California law recognizes that significant financial disparity between spouses is common during the divorce process and provides several types of spousal support to limit this disparity. What Are the Three Types of Spousal Support? To apply for spousal support, you must initiate a court case to request that a

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What Is the Difference Between Mediation and Divorce?

Many married couples throughout the United States eventually decide to end their marriages. They may become romantically detached from one another, experience acute problems like infidelity, or may simply realize they are incompatible as spouses for the long term. It’s common for people in this situation to wonder what their best options are for solving their difficult situations. Some people mistakenly believe that mediation is an alternative to divorce, but the reality is that mediation is an alternative to divorce litigation. You can end your marriage with the mediation process, and there are several advantages to choosing this option in

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What Questions Are Asked in Divorce Court?

If you are considering dissolving your marriage, you must plan for your case in advance to ensure you are fully prepared to meet all the legal requirements and reach the best solution for your family. Many couples can resolve their issues outside the courtroom with mediation or attorney-led negotiations, but unfortunately, some cases require involvement from the court to reach a fair settlement. There are various legal issues involved in getting a divorce, from child custody and support to property division, and a couple that is already struggling to communicate and cooperate will likely find it extremely difficult to handle

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What Do Judges Look for in Child Custody Cases?

Divorce involves a variety of complex legal issues that become even more complicated when children are involved. Establishing a fair and respectful child custody arrangement is the only way to ensure you and your ex can agree on the amount of parenting time you will contribute after you decide to dissolve your marriage. Whether you are on amicable terms or struggling to even communicate, you must work on setting aside your differences and cooperate to develop the right plan for your family. A thoughtfully crafted child custody agreement not only allows you to remain an active presence in your child’s

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