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Divorce, Separation, & Summary Dissolution

Divorce: Divorce can be draining but you don’t have to do it alone. Contact us now for a consultation. If you would like to do it yourself, give us a call and we will walk you through the process. Also, we provide unbundled and limited representation where we can help you in any issue of your divorce proceeding with prepare all the documents insert you may need please insert brief you what to expect at your hearings in a California family court. 

Legal Separation: You are not ready to file your divorce yet, but you do not want to be together either, we can help you navigate through the California Family Law re legal separation. You can fille for a legal separation and separate your finances and custody but keep your marital benefits for tax, life insurance, health insurance, religious and other purposes.

 

Give us a call and talk to our experienced family law attorney if you are considering legal separation instead of divorce or if you would like to discuss which option fits you best and how to proceed either way.

Summary Dissolution:  summary dissolution is a quick and easy way to get divorced. Unfortunately, not everyone can get a summary dissolution. Most people need to go through the lengthy and complex regular divorce proceeding. If you have been married for less than 5 years, have no children together, do not own any real estate and has not acquired any significant assets and debts together, you may be eligible for summary dissolution.

 

Give us a call to determine your eligibility and to explore more about the summary dissolution procedure.  

Divorce, Separation
Annulment

Annulment

A court may annul your marriage if your marriage was not legally valid in the first place. Once annulment is granted, you are back to a single status and, for all legal purposes, it is like your marriage never existed before. 

In California, a marriage between close relatives (incestuous marriage) or either party got married before legally dissolving a previous marriage (bigamous marriage) is never legally valid. 

Also, a marriages and partnerships can be declared invalid because of:

  1. Legal Incapacity because of age or unsound mine.
    • Age: if the party filing for the annulment was under 18 years old at the time of the marriage.
    • Unsound mind: if either party was of unsound mind or unable to understand the nature of the marriage and the obligations that come with it.
  2. Fraud & Duressif either party got married because of fraud or force. 
  3. Physical incapacity: if the parties got married while one of them was physically incapable of consummating the marriage and the incapacity continues and is incurable.

 and talk to an experienced family law lawyer if you believe that you marriage is not legal valid and hence may be able to get an annulment decree from a California Court.

Paternity

If you have a child out of wedlock (without marriage) and want to get child support or establish custody or visitation with the other parent, you must first file a petition to establish paternity with the court in your county. Paternity can be established by signing a voluntary acknowledgement of paternity form or showing proof that your name is on the child’s birth certificate. In all other cases where the father contested paternity, DNA testing will need to be performed.

 

Call us to speak to an experienced attorney to figure out the paternity process and how to establish custody and support after that.

paternity
Child-Custody-&-Visitation

Child Custody & Visitation

There are two types of child custody in California: the first one is Legal custody, which focuses on who makes important decisions for your children (like health care, education, and welfare), and the second one is Physical custody, which is about who your children live with.

 

In California, the parents can share custody or either parent can have custody of the children. If the parents reach an agreement re their parenting plan, the Court will usually approve the parenting plan. However, it the parents cannot reach an agreement, the parents must attend a mandatory child custody and visitation mediation at the Family Court Services to discuss about their proposed parenting plans. If the parents still do not reach an agreement, the Court will decide after hearing both parties’ argument and Family Court Services Mediator’s recommendation, depending on your county.

Contact us. Our experienced family law attorneys will explain the law and the legal process as it applies to your unique situation and help you prepare for your Family Court Services mediation or custody hearing. 

Also, please call and ask if you would like us to mediate your custody and visitation matters. We will help you reach an agreement with draft your agreement, and give you a step-by-step guide on how to incorporate your agreement into a court order or dissolution judgement. 

Child Support

Either parent can ask the Court to make a child support order as part of a petition for divorce, legal separation, annulment, paternity, or a petition for Custody and Support of Minor Children (for parents who have signed a voluntary declaration of parentage or are married and do not want to get legally separated or divorced).

The local child support agency can also file for child support on behalf of either parent. This is particularly the case if one of the parents has been getting public assistance (like TANF -Temporary Assistance for Needy Families) or if a child is in a foster care.

Parents can agree on the amount of child support. If parents cannot agree, the Court will decide the child support amount based on the California Child Support Guideline Calculation (a statewide formula used for figuring out how much child support should be paid).

The California Child Support Guideline Calculation considers several factors including the parents’ income, number of children, a percentage of custody and visitation time-share, tax filing status of each parent, child support obligations to children from other relationships, health insurance premium, mandatory union dues, mandatory retirement contributions, the cost of sharing daycare, uninsured health-care costs, and similar other factors.

Sometimes, it is difficult to figure out “income” and “time-share” for the purposes of calculating child support and you will be better of if you work with an experienced family law attorney.

Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

Give us a call if you would like to get a child support order; or modify existing child support order due to change of circumstances such a significant increase or decrease on your income or the other parent’s income, or a significant increase or decrease on your or other parent’s custody and visitation time; or would like to terminate a child support or wage garnishment order.

Child-Support
Spousal support & Alimony

Spousal support & Alimony

Spousal support, also known as alimony, becomes an issue when there is a significant difference in the couples’ income. In California, a family court considers various factors in determining spousal support including: the length of the marriage, the standard of living during the marriage, as well as the age, health, earning capacity, job histories of both individuals, and other similar factors. 

Spousal support involves a determination of both parties’ income for the purpose of support, and it can get complicated particularly if a spouse has earning capacity but not working or under paid, receives bonuses, or overtime income. 

Contact us to work closely with our experienced attorney to determine or reduce your spousal support obligation, or to maximize your chances of getting a significant support from your spouse.

Property

California law requires both parties in a divorce proceeding to exchange preliminary and final declarations of discourse, which are forms that need to be completed by each party and exchange together with some financial documents such as the parties last two years tax returns, paystubs, current bank and credit card statements, title deeds etc. 

 

Since California is a community property state, the law presumes all assets and debts acquired between the date of marriage and the date of separation as community property with limited exceptions. Hence, the law presumes a 50-50 split unless the very limited exceptions apply. 

 

The parties can split their assets and debt by an agreement. The agreement should be in writing and incorporated in the judgement. If you do not incorporate it in your judgement, it’s just a contract and enforced as a contract. 

 

If the parties cannot reach an agreement on the division of their property and debt or the valuation, the Court will decide the division of your property and debt at a trial after hearing arguments and testimony, and evaluating admissible evidence submitted by both parties.

 

Division of property can be a complex process. Give us a call to speak to our experienced attorney. We can help you to splitting your assets and debt, draft an agreement, and incorporate into your judgement.

property
Prenuptial & Postnuptial Agreements

Prenuptial (Prenup) & Postnuptial (Postnup) Agreements

In California, a couple can agree to a spousal support, characterization of property, and stipulate division of property and debts in the even of a divorce or legal separation before the marriage in prenuptial agreement or after they got married in postnuptial agreement. However, California Family Law sets out very specific requirements for both prenuptial and postnuptial agreements to be valid and enforceable. Due to this stringent requirements, most prenuptial and postnuptial agreements are held invalid in court.

 

Hence, whether you are considering having a prenuptial or postnuptial agreement or have been asked to sign one, it is very important to work with our family attorney looking out for your best interests and its validity. 

Marital Settlement Agreements (MSA)

Not all family law cases require an expensive and lengthy court battle. You can resolve all the issues related to your dissolution including, but not limited to, custody and visitation, child support, spousal support (alimony), division of properties, and debts through a marital settlement agreement (MSA).

 

Contact us to speak to our experienced family law attorney to protect your rights and to have a valid MSA drafted at a very affordable price. Once your MSA is incorporated in the judgement, it will be enforced as the judgement.

Marital Settlement Agreements
Domestic Violence Restraining Order

Domestic Violence Restraining Order

You may request a Domestic Violence Restraining Order if your spouse; ex-spouse; the parent of your child; your significant other; person you have dated; lover; anyone closely related to you by blood, marriage or adoption; OR person who regularly lives in your home commits domestic violence, harassment, threats against you and/or your children. 

 

The court generally issues a temporary restraining order which expires at the first hearing unless extended by the judge or stipulation of the parties. Together with the temporary restraining order, you may also get a move-out order if you are still living together with your abuser and the California Marshal will enforce the order right away. At the hearing, you may get a domestic violence restraining order that can last for up to five years at a time and can be extended after that.

 

If you are a victim of domestic violence, please call us and speak with our experienced attorney. We will help you to get a domestic violence restraining order, a custody and support order for both your child and you, and a move-out order against your abuser. You may also get a court order for your attorney’s fees and costs to be paid by the abuser. 

Adoption

Adoption is the legal process of establishing a legal parent-child relationship. Once the adoption is final, the adoptive parents have all the legal rights and responsibilities of a parent-child relationship the same as that of a birth family. An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood. 

 

Stepparent Adoption: this is a common kind of adoption in which the spouse of one of the biological parents adopts the child. While the process is like other kinds of adoptions, there are some aspects that make stepparent adoptions unique.

 

If you are considering a stepparent adoption, call us to speak with our experienced attorney

Adoption

Termination of Parental Rights

California law allows other three types of adoption where the court ends the parental rights of the child’s two birth parents, and the adoptive parents become the children’s legal parents. These are:

Emancipation

Emancipation is a legal way for children to become adults before they are 18. Once a child is emancipated, the parents lose custody of the child but also freed from the obligation to support that child. 

A child can get emancipation in the following three ways:  

  1. Get married: which requires the permission of the parents and a court order.
  2. Join armed force: which requires permission from the parents and acceptance by the armed force.
  3. Get a declaration of emancipation: the child must be at least 14 years old or older and need to meet other specific requirements.

Contact us if you are considering emancipation.

Emancipation
Guardianship

Guardianship

A Petition to be appointed as guardian can be initiated by the person seeking to be appointed as guardian or by someone else in the family asking the court to appoint a guardian. This issue of guardianship arises when a child is living with an adult who is not the child’s parent, and the adult needs a court order to decide on behalf of the child.

A court appointed guardian can have custody of the child (guardianship of the person) or manage the child’s property (guardianship of the estate), or both. Please note that this is different from the juvenile dependency law where custody of the minor was awarded to a non-parent through the juvenile dependency court or if Child Protective Services (CPS) is involved in your case. 

Unlike adoption where the biological parent’s right is terminated, in guardianship, biological parents still have parental rights. They can ask for reasonable contact with the child.

Contact us to speak with our experienced family law attorneys to see if you can file for guardianship and to learn about your rights and obligations as a guardian under California probate law.

Legal Disclaimer

The information on this page is considered advertising under applicable California law. This page and its contents are offered for informational, promotional purposes only and is not a legal advice. Information on this website may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter. No attorney-client relationship is created between you and Law Office of Abby Bekele or its attorney(s) by viewing this website, by completing our online form, or by contacting our attorney(s)

Abby Law Group is founded by a female attorney and provides full Family law services in California and Immigration law services across the United States. Contact us for all of your legal needs today. 

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