Family Law Blog

Tracking Apps, Joint Custody and Privacy Issues

When you have joint physical custody of your child with your ex, there are a number of difficulties that you may plan on dealing with – scheduling conflicts, disagreements regarding holidays and vacations, miscommunications regarding after school care, etc. One issue that is becoming more and more common for co-parents is the privacy issue that…

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Can I Settle With My Spouse And Avoid the Request for Order Hearing or Trial?

There are 2 primary options for resolving issues in your Orange County divorce case: Stipulation (Agreement) of the Parties: When parties are able to work together in reaching agreements for temporary orders or final settlement of their entire marital dissolution case, a “Stipulation & Order” for temporary orders or a “Marital Settlement Agreement” can be…

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How Quickly Can I Become Divorced in California?

California has a six-month “cooling-off” period prior to entry of a judgment in a marital dissolution case, meaning that a judgment terminating the marriage cannot be entered until at least 6 months after the date the other spouse was served with the petition for marital dissolution has passed. However, nothing happens automatically when the 6…

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Can I Divorce My Spouse in California Before We Have A Final Agreement or Trial?

Yes, you can divorce your spouse in California before you resolve all the issues in your case. Until a judgment is entered in your divorce case, you cannot legally remarry. However, in cases where the issues are heavily contested, it it possible to seek a “Bifurcation of Marital Status” wither by agreement or court order…

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When is My Orange County Divorce Final?

A California divorce cannot be ordered by the Court until at least 6 months after the other spouse was served with the initial Summons and Petition, i.e. a “cooling off” period that cannot be shortened or waived. Moreover, nothing will happen after those 6 months in ending your marriage unless you and your spouse enter…

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What is a California Summary Dissolution?

For couples who have been married for less than 5 years, have no children together, will not seek spousal support from each other, have very little property or debts together, and can mutually agree on how to divide their property and debts, a California “summary dissolution” is a simplified alternate to a regular divorce. Such…

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What To Know About The Discovery Process in Orange County Divorce Cases

In Orange County divorces that require determination of the fair market value of marital assets, community businesses, debts, and self-employment incomes for support purposes, “discovery” requests served on one of both spouses may be necessary. Such discovery requests can require responses to general and specific questions, production or documentation of other tangible items, and depositions…

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What & How Is Property Divided in an Orange County Divorce Case?

In California, there are 2 types of property considered by California family courts in divorce and legal separation cases:  (1) Community property and (2) separate property. Community Property: California is a “community Property” state, meaning that each spouse owns a one-half interest in all real and personal property and debs acquired during the marriage regardless…

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What Are The Types of Custody in an Orange County Custody Case?

In California, there are two types of child custody, Legal Custody and Physical Custody. “Legal Custody” concerns who is entitled to make the decisions concerning the health, education and welfare of the parties’ children.  There are 2 types of legal custody: “Sole Legal Custody” means that one parent has the right to make the decisions…

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What Are My Rights If I Have Joint Legal Custody in My Orange County Child Custody Case?

Joint legal Custody means that both parents share the right and responsibility to make the decisions concerning the health, education and welfare of the child (Family Code 3003). In making an order for custody concerning both parents, the court may grant joint legal custody without granting joint physical custody (Family Code Section 3085). Family Code…

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What is Considered Domestic Violence in California?

Domestic violence means to hit, kick, scare, throw objects, pull hair, push, follow, harass, stalk, sexually assault, or threaten to do any of these things. It can also include other actions that make someone afraid of being hurt. Domestic violence can be spoken, written or physical. For more information or to schedule a consultation, contact…

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