Family Law Blog

California Divorce: What Records Do You Need to Keep When Getting Divorced?

Once the divorce is over, many people want to put it behind them and move forward. Some even lean towards a celebratory attitude that has them banishing anything related to the divorce from their life. If you are inclined in this direction once your divorce is final, use caution. You may be tempted to discard…

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The Top 4 Reasons Why You Need a California Prenuptial Agreement!

There are many good reasons why you should get a prenuptial agreement in California, but here are the top four: 1. You protect your assets earned prior to marriage. 2. You are able to take control over your destiny, rather than leaving it up to the Court to determine. 3. You are able to enter…

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How Enforceable are California Prenuptial Agreements?

Most California prenuptial agreements are enforceable, as long as certain requirements are met.  California Family Code section 1615 addresses the enforceability of premarital agreements and states that: a. A Premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: The the party did not execute the agreement…

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I Am a Victim of Domestic Violence, What are My Options?

If you have been a victim of domestic violence, you can seek orders from the Court to protect you from such violence or threats of violence at the hands of a family member or someone you date or live with, by filing a Temporary Restraining Order with the Court. You can generally obtain an emergency…

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I am Afraid that my Abusive Spouse Will Find Out Where I Have Moved, How Can I Protect Myself?

There is a relatively new program in California that helps protect victims of domestic violence, known as the California “Safe At Home Confidential Address Program”. On January 1, 2007, a confidential mail forwarding program administered by the California Secretary of State’s Office called “Safe At Home” took effect to protect victims of domestic violence. The…

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Do I have Any Immediate Rights and Orders When I File and Serve My California Divorce Paperwork?

Yes, you have immediate rights and order that take effect when spouse is served.  The importance of personally serving the Summons and Petition on your spouse is that the Summons includes automatic, build-in family law restraining orders preventing either spouse from selling or giving away any property, changing any insurance policies or beneficiaries, or taking…

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What is Annulment, and When is it More Appropriate to Seek Instead of Divorce?

Petitioning for a judgment of nullity (instead of divorce) is appropriate where the validity of the marriage is in doubt, i.e. that no valid marriage ever occurred from its inception because it was void or voidable. In other words, whereas a divorce matter seeks to terminate marital status, a nullity action seeks to determine whether…

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When is Filing for a Legal Separation More Appropriate vs. a Divorce?

In situations where a party wants to obtain orders for child custody, visitation, and/or other issues but has not lived in the same county for the past three months or in California for the past six months to meet the time requirements for filing for a divorce, that party can file for Legal Separation and…

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What is the Legal Basis for a Divorce in California?

In the State of California, there are only two legal reasons for ending a marriage: (1) “Irreconcilable Differences”; or (2) Incurable Insanity. Irreconcilable differences means that no amount of marital counseling will save the marriage. California is a “no-fault” divorce state, meaning that you do not have to give the court any other reason for…

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What Are the Residency Requirements to File for Divorce or Legal Separation in California?

To file for divorce in California, you must have been a resident of California for 6 months and of the county in which you are filing the divorce petition for 3 months immediately prior to the filing. There are no residency requirements for filing for Legal Separation in California. Therefore, for persons who cannot meet…

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