Home > Family Law

Family Law Issues:

• Divorce - "Uncontested vs. Contested" - one where the spouses can reach a decision as to the terms of
  the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.
  
  
• Spousal Support (Alimony) - in the past been known as "alimony". Spousal support is not mandatory
  in most states. However, if the circumstances are such that a spouse will face hardships if he or she does
  not receive financial support after the divorce, than spousal support should be considered.
  
  
• Annulment - is a legal procedure for declaring a marriage null and void. Annulment differs from divorce
  where the court ends an otherwise legal marriage on a specific date.
  
  
• Legal Separation - is a possible step towards divorce under United States law. A couple are legally
  separated if they have successfully petitioned a court to recognize their separation; simply living apart
  does not constitute separation for these purposes. A period of legal separation constitutes grounds for
  divorce; the length of that period varies from state to state.

  Legal separation does not automatically lead to divorce. The couple may reconcile, in which case they
  need do nothing in order to remain married. If they do not reconcile, and wish to divorce after the statutory
  time period, they must file for divorce explicitly.

• Property Settlement - Community Property and Separate Property - California, is a community property
  state. This means that both the husband and wife are deemed to equally own all money earned by either
  one of them from the beginning of the marriage until the date of separation.
  
  
• Premarital Agreements - Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements")
  are binding legal contracts between you and the one you intend to marry.

  Among the purposes people have in wanting such written agreements is to try to ensure that their
  assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of
  them, go to their children in the event of death, and to work out arrangements for matters that may
  become problems after the marriage. For some, it is a smart and practical way to acknowledge the
  fact that nearly half of all marriages end in divorce.

• Restraining Orders - An order from a court directing one person not to do something, such as make
  contact with another person, enter the family home or remove a child from the state. Restraining orders
  are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt
  to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes
  between neighbors.
  
  Personal Injury - It can be rough to establish a dollar amount on injuries you endured in an accident.
  There are so many issues to consider, the time lost from work, medical costs for ongoing injuries, doctor's
  bills, your pain and suffering … etc. Insurance companies consider all these issues when determining on how much to offer in order to settle your case.
  

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