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October 2014 Archives

Property division in California

California spouses may benefit from learning more about the laws governing property division in the state. Divorcing spouses should be aware that until a judge approves an agreement and provides a final order, all assets and debt will remain community property, regardless of any mutual agreements that have already been made. Spouses are advised to split property, assets and debts as fairly as possible.

California child custody and the child's true wishes

People who go through child custody disputes each year in California often have questions about how the courts make custody decisions and whether or not their child will have input. Like most other states, California law, while allowing judges to consider a child's true wishes, puts a minimum age requirement in the statute before the child's wishes are given much weight.

What types of restraining orders are there?

When a person in California, whether male or female, has been a victim of domestic violence, one of the initial steps that can be taken in order to gain some protection from their abuser is to get a restraining order from the courts. There are several different types of restraining orders that a victim is able to get.

How does the court calculate child support?

In California, child support payments are determined using guidelines that apply statewide. The amounts set forth by the guidelines are presumed to be correct and a judge may deviate from them only in limited situations. They take into account a number of factors related to finances and family circumstances.

What property is eligible in a divorce?

In California, a divorcing couple must account for their separate and community property in the Schedule of Assets and Debts. Community property, also known as marital property, will be divided equitably by the courts if the couple does not reach their own agreement.