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Family Law Blog

Dealing with Parental Alienation During a California Divorce

What is parental alienation? More and more divorcing parents are running up against questions about this increasingly familiar term. And more importantly, they want to know how to deal with parental alienation during a California divorce. Defining Parental Alienation: Parental alienation is a situation in which one parent acts in a manner that purposefully influences…

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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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How Does Domestic Violence Affect My Rights In an Orange County Child Custody Case?

In Orange County, the Court will consider your case as a domestic violence case if, in the past 5 years, 1. A parent was convicted of domestic violence against the other parent, or 2. Any court has decided that one parent committed domestic violence against the other parent of the children (which means that a…

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What Are My Options Regarding Frequent Visitation In My California Child Custody Case When I live Far Away From My Children?

With the growth of technology in recent years some courts have ordered or otherwise encourage visitation on the computer, known as “virtual Visitation” in situations where one parent lives a ling distance from their child Virtual Visitation required that households of the custodial and non-custodial parents to have newer model computers equipped with webcams or…

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If I Fathered A Child But Did Not Marry My Child's Mother, What Are My Legal Rights?

If you did not marry your child’s mother, your rights regarding custody and visitation in California would need to be established through the filing of a paternity case. What does Paternity Mean? Paternity means who is the father of a child. Establishing paternity refers to the legal process of determining the biological father of a…

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What Do I Need to Know Concerning Spousal Support in My Orange County Divorce Case?

California law makes a very important distinction between “short-term” (also known as “lite” spousal support) and “long-term” (i.e. beyond the divorce itself) spousal support that is extremely important to understand. This distinction affects how the court determines the duration of spousal support payments and the jurisdiction of the court to award spousal support. For marriages…

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