What Kind of Visitation Will My Ex-Spouse Have with Our Kids?

Visitation in a California divorce, separation, or paternity case is also referred to as “time-share” or “parenting time.” In most cases, the parent who has the children less than half of the time receives visitation. In many cases, parents are able to enter into an agreed-upon parenting plan that sets forth the visitation schedule in detail. The parties’ visitation agreement read more

Will I Get to Keep My House in My Divorce?

Which spouse receives possession of the marital home in a divorce depends on several different factors. California is a community property state, which means that any and all property acquired or earned by the parties during their marriage belongs to them jointly, and therefore is subject to division in a divorce. Separate property, on the other hand, does not get read more

Co-Parenting Children Following a Divorce

Although divorce is typically difficult for all parties involved, parents still can effectively co-parent their children following a divorce, if they are truly committed to working together in order to do so. All evidence indicates that children will handle a divorce much better if their parents don’t engage in constant fighting about custody and visitation schedules. Every child is different, read more

Am I Entitled to Alimony or Spousal Support in the State of California?

Under California law, alimony is known as spousal support. After a couple files for divorce, one spouse may still need the support of the other spouse. Under these circumstances, a divorce judge may order, or the parties may agree, one spouse to make periodic spousal support payments to the other. In considering a request for spousal support, the court can read more

How Can I Establish Paternity for My Child?

When a child is born to married parents, paternity or parentage usually is automatically established. When a child is born to parents who are not married, however, the parents must legally establish paternity before addressing matters such as custody, visitation, and child support. Legal paternity establishment also is necessary for an unmarried father to have any rights or responsibilities to read more

What is Community Property Under California Law?

California is a community property state for the purposes of property division during a divorce. This means that all property that the parties own is classified as either separate property or community property. While separate property is not divided during a divorce, community property is subject to division in a divorce proceeding. Each spouse has ownership of half of any read more

How Do I Modify My Child Support Order in California?

There may come a time when one or both parents want to change a child support order that is already in place under California law. In order to change a California child support order, you generally must prove that there has been a “change in circumstances” since the time that the last child support order was issued. However, if your read more

Are Prenuptial Agreements Enforceable in my California Divorce?

Prenuptial agreements have become increasingly more common in a couple’s premarital preparations in recent years, particularly as national divorce rates have skyrocketed and second and third marriages have become more prevalent. While prenuptial agreements were reserved for the very wealthy at one point in time, they also serve a very important purpose for any prospective spouses who own any type read more

Grounds for Divorce in the State of California

In the state of California, there are two possible grounds or reasons for divorce. The first ground is “irreconcilable differences,” which is often referred to as a “no-fault” divorce. If you tell the court that you and your spouse have irreconcilable differences, which  means that you no longer can live together and be married, due to the conflicts in your read more