Family Law
Dissolution
of Marriage (divorce)
The purpose of a proceeding for marital dissolution is to
dissolve the marriage and restore the parties to the status
of single persons, divide the community estate, determine
the custody of children, and, if the respondent is subject
to the court's personal jurisdiction, settle the parties'
financial responsibilities regarding spousal and child support.
Legal
Separation San Diego
A proceeding for legal separation has the same general purposes
as that for marital dissolution, except that a judgment of
legal separation does not terminate the parties' marital status.
Thus, legal separation is essentially a device to determine
and settle the spouses' financial responsibilities to one
another and to their minor children, as well as to determine
child custody. A judgment of legal separation might be sought
for religious or other personal reasons, such as the ability
to retain certain spousal health or survivor benefits. A party
might also initially petition for legal separation when the
state or county residency requirements for a dissolution proceeding
have not yet been met, and then amend the petition to seek
dissolution when residency is established.
What is Community Property?
Community property is generally defined as ''all property,
real or personal, wherever situated, acquired by a married
person during the marriage while domiciled in [California],''
except as otherwise provided by statute.
Child
Custody Rights San Diego
The most basic of parents' rights with respect to their children
is the right to custody. A parent's interest in the custody
of his or her children is a cognizable and substantial right
that extends to all parents, and is within the protection
of the federal due-process and equal-protection clauses.
Child
Support San Diego
The mother and father of a minor child have an equal responsibility
to support of the child. Equal responsibility exists regardless
of which parent has custody of the child. However, it is presumed
that a parent having primary physical responsibility for the
children contributes a significant portion of available resources
for the support of the children. The statewide uniform child
support takes into account each parent's actual income and
level of custodial responsibility for the children in setting
child support amounts.
The duty of spousal support encompasses the obligation to pay the debts of the spouse, provided that the debts are for ''necessaries'' of life. What is necessary spousal support is determined according to the parties' station in life.
Types of Family Law
- Divorce
- Child Support
- Property Distribution
- Child Visitation
- Spousal Support
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