Family Law

 
DIVORCE

The ending of a marriage before the death of either spouse where the rights and obligations of the parties are determined by a Court decree and/or settlement agreement. Under a no-fault divorce system, the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. Common reasons for no-fault divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

 
SUMMARY DISSOLUTION

Used when spouses meet certain eligibility requirements such as a marriage under 5 years, no children from the marriage, the parties have minimal or no real property (mortgage), the marital property is under $35,000 not including vehicles, and each spouse's personal property is under $35,000 not including vehicles.

 
COLLABORATIVE DIVORCE

When the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely.

 
MEDIATED DIVORCE

When a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include the party's attorneys or a neutral attorney or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted without attorneys. Divorce mediators may be attorneys who have experience in divorce cases. Divorce mediation can be significantly less expensive than litigation.

 
LEGAL SEPARATION

A possible step towards divorce. A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes. Legal separation does not automatically lead to divorce. The couple may reconcile, in which case they need do nothing in order to remain married.

 
ANNULMENT

 A legal procedure for declaring a marriage null and void. Unlike divorce, an annulment is retroactive whereby an annulled marriage is considered never to have existed.

 
SPOUSAL SUPPORT

An obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated. Under California Law, Spousal Support is based upon several factors such as the marital standard of living and the duration of marriage.