Family Law

Family Law

In California, a judge, prior to making an order for the dissolution of marriage, must address certain legal issues. These include jurisdictional issues and grounds; spousal support amounts, if applicable; property division, if there is any at issue; and, if there are children, custody, visitation, and child support issues..

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Family Law in Los Angeles

All of these issues have many sub-issues that are typically resolved on a case-by-case basis in accordance with state statutes and case law. That is why you may want to consider hiring a skilled Family Law in Los Angeles who is well-versed in family law to help you with your case.

Under state law, it is required that at least one of the parties to the divorce meets the residency requirement. Specifically, he or she must have lived in California for at least six months, and he or she must have lived in the county in which the action is being filed for at least three months prior to the filing. Since California is considered to be a “no-fault” divorce state, the only grounds-related determination to be made by the court is whether or not the parties have irreconcilable differences.

Spousal Support

With respect to spousal support issues under family law in Los Angeles and throughout the rest of the state, a court must take into consideration several factors when attempting to determine whether a spouse is required to pay, the length of time that he or she must pay, and how much he or she will be made to pay towards the support of the other spouse. Some factors are more objective, such as the age, education, and the ability of each spouse to be self-supporting; however, other factors are more subjective, such as whether there are convictions for prior acts of domestic violence by one spouse towards the other or whether either party is cohabiting with a person of the opposite sex.

Property Division

Regarding the issue of property division, California is a community property state. In a community property state, property is considered to be either community property or separate property. Community property is everything that a husband and wife have acquired together since the beginning of their marriage up until the date of their separation. Separate property is anything that the parties owns separately, such as property previously owned prior to the marriage, inheritances that were received during the marriage but were kept as separate property, and any post-separation earnings.

Property division and child-related issues are often two of the more contentious issues in a divorce, so working with a qualified attorney who is well aware of family law in Los Angeles may be of benefit to you and your case. Please call the law firm of Daigneault Law for a free consultation.

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