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Am I going to have to pay or am I entitled to receive spousal support?

As a general rule, for so long as husband and wife or registered domestic partners are living together, they owe each other a mutual duty of support. Family Code § 4300—“Subject to this division (Family Code § 3500 et seq.), a person shall support the person’s spouse” (parentheses added). The mutual spousal support duty during … Continue reading

ADULT INCAPACITATED CHILD SUPPORT

Both parents, to the extent of their ability, have an equal responsibility to support a child, whether a minor or an adult, “who is incapacitated from earning a living and without sufficient means.” Fam.C. § 3910(a); see also Marriage of Drake (2015) 241 CA4th 934, 940, 194 CR3d 252, 257 The obligation to support the … Continue reading

SAME-SEX MARRIAGE ISSUES

If you are in both a same-sex marriage and a domestic partnership with the same person, you can dissolve both at the same time. In order to file for a divorce in California either you or your spouse/partner must have lived in California for 6 months and in the county where you are filing your … Continue reading

Domestic Violence and Temporary Restraining Orders

Domestic violence is defined as abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the … Continue reading

GRANDPARENT OR THIRD PARTY VISITATION

In California, a grandparent’s visitation proceeding may be established by joinder in the parents’ domestic relations status action (divorce, legal separation or uniform parentage action) or by an independent action. (Family Code §§ 3103, 3104) In a custody proceeding, California law confers discretion on the court to grant “reasonable visitation” rights “to any other person … Continue reading