Family Law |
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When legal issues affect your personal family life, it is often overwhelming.
In essence, the judicial system has now entered the most private, personal, and most emotional aspects of your life. This process can be both emotionally charged and confusing at the same time. Vega & Overton’s family law clients can rely upon our experience and familiarity with the judicial rules to ensure that we correctly address your needs and the needs of your family. Below is a brief synopsis of the family law process. For questions about your specific situation please contact our office. Family Law is actually a category of types of cases. Within this category, there are different types of cases, such as divorce, legal separation, nullity, domestic partnerships and paternity. Also, within these types of cases, different issues may arise such as child custody, visitation, child support, spousal support, restraining orders, prenuptial agreements, and division of property. Each family law case is different and there are many factors that will determine the complexity of your case such as the nature and extent of your property, child custody and visitation disputes, issues of child and spousal support, and domestic violence. Vega & Overton’s family law clients receive the benefit of real world experience with the judicial system in family law to help define your goals in your particular family law case. Once your goals are clarified after conferring with your attorney, Vega & Overton is able to provide an aggressive representation of these goals with your bottom line in mind to maximize your desired results. Divorce A divorce or dissolution occurs when one of the two married persons decides that he or she no longer wants to be married and requests that the court return both to the status of unmarried persons. In California, there are only two reasons why a divorce can be obtained. They are 1) irreconcilable differences, or 2) incurable insanity. Cal. Fam. Code §2310. Although many times it may be tempting to think that the second reason applies, almost all divorces in California occur because of irreconcilable differences. Simply put, a husband and wife have irreconcilable differences when he or she alleges that the marriage has broken down to the point where it can no longer be fixed. Generally, even if one side believes that the marriage can be fixed, but the other side does not, the Court will most likely find that this husband and wife can not work out their marriage. There is no bottom line answer to this question. Legally, a divorce can not be granted until 6 months after the Petitioner (the party filing the divorce) has the Respondent (the party answering to the divorce) served. Cal. Fam. Code §2339. However, a resolution of all issues in a divorce may done prior to this six-month date, or it can occur after the fact. Every divorce case is different and a lot depends upon how closely you and your soon to be ex-spouse view the matters in your case. In a divorce case, the judge not only gets to decide as to your status of a married person, but also as to division of property and debts, spousal support, child custody and visitation, child support, attorney fees and costs, restraining orders, and restoration of former (maiden) name. Legal Separation A legal separation occurs when a judge enters a judgment that the parties are legally separated. You are still married and cannot marry another person. In essence, you have an official recognition of the court that you are still married, but that you lead two separate lives legally. In California, there are only two reasons how a legal separation can be obtained. They are 1) both parties consent, or 2) the Petitioner (the party filing the request for legal separation) has the Respondent (the party who needs to answer the legal separation) served and the Respondent does not file an Answer. Cal. Fam. Code §2345. Simply put, in a divorce, you become an unmarried person again. In a legal separation, however, you continue to remain a married person, but you are able to obtain many types of orders in your case that would in a divorce case as well, such as division of property and debts, spousal support, child custody and visitation, child support, attorney fees and costs, and restraining orders. These reasons are usually complicated and very personal. Some choose to remain married for religious and/or moral reasons, but know that they cannot continue in a marital relationship and want to separate. Others choose to remain “married”, but “legally separated” for financial reasons. In a legal separation case, the judge not only gets to declare parties as legally separated, but also may make orders as to division of property and debts, spousal support, child custody and visitation, child support, attorney fees and costs, and restraining orders. Nullity In a nullity case, the party seeking the annulment is asking the judge enter a judgment that the parties were never legally married. In this regard, a party seeking an annulment would have an official recognition that a marriage never occurred. In California, it is difficult to obtain a nullity because it is severely restricted by the laws. A party who enters into a marriage willingly often will have a difficult time proving that the marriage should never have occurred. In essence, some of the reasons for obtaining a judgment of nullity are as follows: incestuous marriage, bigamous marriage, minor at time of marriage, prior existing marriage, prior existing marriage, unsound mind, fraud, force, or physical incapacity. The reasons for a nullity must be very specific. Unlike a judgment of dissolution, there is no waiting period for a judgment of nullity. In essence, if you have a nullity granted, the judge will declare that you and your spouse were never married. Therefore, you are not divorced because you were never legally married. In a nullity case similar to a divorce case, the judge not only gets to decide as to your status of a married person, but also as to division of property and debts, spousal support, child custody and visitation, child support, attorney fees and costs, restraining orders, and restoration of former (maiden) name. paternity When two persons were not legally married but had a child together and one of them wishes to have the minor child(ren) declared the child of the other parent, there is a paternity case. There is no bottom line answer to this question. However, there is no waiting period for this judgment to occur. If the parties are in agreement that they are both the parents of the minor child(ren), then this is a relatively quick process. However, if one party has a doubt as to paternity, the judge in your case may order genetic testing to prove parentage. This is a painless process for both you, the other party, and the minor child(ren) and provides quick and accurate results. In a paternity case, the judge not only gets to decide whether you are both parents of the minor child(ren), but also as to child custody and visitation, child support, attorney fees and costs, and restraining orders.
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