In California, all divorce is considered “no-fault” which means that each spouse is equally responsible for 50% of the marriage. Assets and debts are divided equally, and other issues such as spousal support and child custody are negotiated and worked out through the divorce process.
Divorce is referred as ”dissolution of marriage” in legal terms and it’s often an stressful event in people’s lives. Additionally, the divorce process can be confusing at times and you need someone to help you understand the options and possible outcomes.
In a California divorce, spousal support (also called alimony) is not always granted in a divorce or legal separation. California divorce law grants the court broad discretion in deciding whether to award spousal support, how much, and for how long.
Whether you are seeking or challenging an award of spousal support, it is important to be represented by a strong divorce lawyer who will advocate for your interests. Thorsteinson Law Group is a divorce lawyer focused exclusively on divorce and family law and can help you through your divorce. Contact us
now for your consultation.
California is community property state and all marital property is divided equally between spouses. Marital assets are defined as any property (including debt) that is accumulated from the time of marriage to the time of separation.
Marital assets are divided by the law through the “community property” process. Through this process, all property is divided 50/50 between both parties.
In a divorce the judge will decide both the physical custody and the legal custody of the child. Physical custody refers to actual parenting time, while legal custody includes the parental authority to make decisions regarding the child's education, medical care, religious upbringing, etc.
In a divorce, the court may grant either sole custody or some form of joint custody, where the parents share in the child's care and other important responsibilities.
In a divorce it is sometimes becomes necessary to use legal means to stop certain behaviors. Under California law, a temporary restraining order (TRO) can be obtained against a current or former spouse, boyfriend/girlfriend, relative, or other person in a close personal relationship who has been physically or verbally abusive.
The TRO can accomplish many things, including ordering the abuser out of the house and prohibiting any contact with the victim, the victim's children, and others living in the home. The TRO could also prohibit the abuser from possessing a gun or order the abuser to pay child support or spousal support or comply with other domestic relation orders.
If the parents of a child die or otherwise cannot provide for the care of their children, such as if they have become incarcerated or physically or mentally incapacitated, the court may appoint a guardian over the child's person or estate. The guardian will have legal and physical custody of the child and is responsible for the child's care and upbringing. The guardian of the estate is responsible to manage the child's finances until the child turns 18. Grandparents or other family members are frequently the choice to become guardians.
Thorsteinson Law Group is a focused exclusively on divorce and family law and can help you through guardianship issues. Contact us
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There are many different types of adoptions. Grandparents or other family members caring for a minor relative may seek to adopt the child rather than merely serving as guardian, or as a next step following a guardianship proceeding.
Also, couples may choose to adopt a child from a public or private agency, which may be in-state, interstate, or international. Finally, a stepparent may wish to legally adopt the children brought into his second marriage, in order to grant them legal status to inheritance and other rights, and to establish his parental rights.
Once divorce orders are final, they are difficult to modify, except upon a showing of changed circumstances which would justify the modification. For instance, a change in either spouse's income may justify a change in a child support order, and the child custody arrangement may need to be modified if either spouse chooses or needs to relocate out of state or a significant distance from the other.