Los Angeles Divorce and Family Law Blog

Back To Basics: Residency Requirement To Get A Divorce In California

2011-11-15T11:33:00.000-08:00

If you need to obtain a California divorce there is a state residency requirement and you can look to California Family Code Section 2320. Section 2320 requires that a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of California for six months and of the county in which the family law matter is filed for three months immediately before you file your petition with the Superior Court.

However, if you are obtaining a legal separation, please note that you may file a petition for legal separation before the residency requirement for divorce have been met. This means that if you cannot meet the state's residency requirement for divorce, an option may be to file for legal separation and then amend the petition to seek dissolution after at least one spouse has met the state residency requirement. If you have some doubts as to whether you or your spouse meets the state residency requirement for divorce in California, please feel free to contact one of our attorneys at Castellanos & Associates, APLC at (323) 655-2105. We will be happy to discuss with you the state jurisdictional requirements for obtaining a divorce in California.

Back To Basics: Can I Obtain A Divorce In California If I Have a Common Law Marriage?

2011-11-14T23:09:00.000-08:00

A couple cannot become legally married by living together as man and wife in California (a so-called "common law" marriage). If you want to obtain a divorce in California you must have a valid marriage. If the marriage never took place or is void, then getting a divorce in California would not be appropriate.
However, a marriage may be considered "valid" in California if it is valid under the laws of the state in which you entered into the marriage. Therefore, while California law does not recognize "common law" marriages entered into within California, a "common law" marriage recognized as valid in the place where the marriage was originally entered into may be considered a valid marriage in California and may entitle you to divorce in California.

In California, it is important to note that it may be possible to obtain compensation similar to the division of community property and "palimony" under California civil contract law. Please: If you are at all unclear about the validity of your marriage, or if you are unmarried and break up with your partner, you should consult with a qualified family law attorney to help you understand your rights and to explain just how California law would apply in your situation. This is particularly important if you and your long term partner had children as a result of your long-standing relationship together. If you are in need of legal advice, please feel free to contact our office at (323) 655-2105. One of our California licensed family law attorneys will be happy to discuss your legal matter with you.

Back To Basics: What Are The Grounds For Obtaining a Divorce In California?

2011-11-14T22:58:00.000-08:00

California is a "no-fault" divorce state. What does the emphasis of "fault" or "no-fault" really mean? Before the enactment of the Family Law Act of 1969, a divorce could be obtained in California if one spouse could prove the other spouse committed adultery, extreme cruelty (resulting in grievous bodily injury or grievous mental suffering), willful desertion, willful neglect, or habitual intemperance, or if the other spouse was convicted of a felony, or was incurably insane.

Consequently, when California emphasized the use of "fault" in divorce proceedings, the law required the "innocent" party to receive more than half of the community property in an amount determined by the trial court. Needless to say, divorce proceedings in California became "adversarial" in nature as the innocent" spouse was extremely motivated to prove "fault" to obtain a greater division of property from the marriage.

After the enactment of the Family Law Act in the Family Code, proving "fault" was no longer part of the judicial framework for obtaining a divorce in California. Today, California has two grounds for obtaining a divorce, which have no basis in fault. These grounds are "irreconciliable differences" or "incurable insanity."

Further, California law provides for the equal division of community property without any reference to or proof of "fault" by one spouse against the other spouse. While acts of misconduct may be used in some circumstances in child custody proceedings, it is important to understand that except as may be provided for in limited circumstances enumerated by statute, any specific acts of misconduct may not be used in a divorce proceeding as a basis for obtaining a judgment of marital dissolution or legal separation in the State of California.

Sara Evans' Restraining Order: Husband Used Anderson Cooper vs. Her - Celebrity Parenting - Celebrity Justice

2011-10-06T12:51:00.000-07:00

Sara Evans' Restraining Order: Husband Used Anderson Cooper vs. Her - Celebrity Parenting - Celebrity Justice

http://www.fbi.gov/sandiego/press-releases/2011/baby-selling-ring-busted

2011-08-25T22:17:00.000-07:00

http://www.fbi.gov/sandiego/press-releases/2011/baby-selling-ring-busted

9/11

2011-08-19T02:40:00.000-07:00

The 10th Anniversary of 9/11 is fast-approaching. On that day, I will be planting a tree with my children in memory of all those souls lost on that fateful day and in honor of all of the men and women who serve our country in the name of freedom. What will you be doing on September 11th? The 9/11 Day of Service and Remembrance is a day when individuals, nonprofits, companies, schools and other groups remember by doing, taking time to engage in charitable service in tribute to the victims of 9/11 and those who rose in service in response to the attacks. In observance of the 10-year anniversary of the 9/11 attacks, millions of people will participate in the single-largest day of charitable service in American history through large-scale volunteer service projects, individual good deeds and other acts of service in tribute to the 9/11 victims and others. Castellanos & Associates, APLC invites you to please visit www.911day.org and facebook.com/911day to post and share your “I will” tributes, good deeds, and service activities for this 9/11. For more information, please also view the Public Service Announcement Link as follows: 9/11.

Dr. Laura Markham Staying Connected with Your Child

2011-08-03T21:50:00.000-07:00

Dr. Laura Markham Staying Connected with Your Child

Dr. Laura Markham Playing with Your Child: Games for Connection and Emotional Intelligence

2011-08-03T21:45:00.000-07:00

Dr. Laura Markham Playing with Your Child: Games for Connection and Emotional Intelligence

Los Angeles County judge acquitted of elections code violation

2011-08-02T15:56:00.000-07:00

Los Angeles County judge acquitted of elections code violation

Jojo Lopez Donates Hair Live In "Locks of Love" Drive to Help Children with Cancer

2011-07-25T13:49:00.000-07:00

http://losangeles.cbslocal.com/video/6084953-girl-inspires-drive-to-cut-locks-for-kids-with-cancer/

Jojo Lopez Donates Hair Live In "Locks of Love" Drive to Help Children with Cancer

2011-07-25T13:36:00.000-07:00

This is a follow up to our post earlier this week regarding nine year old, Jojo Lopez, and her efforts to help children with Cancer. Castellanos & Associates, APLC is proud to support Jojo's efforts! We hope you too will follow the efforts of this inspiring young girl, for more information, please follow the link below:

http://kearth101.radio.com/2011/07/25/photos-jojo-lopez-and-family-kick-off-locks-of-love-week-with-supercuts-and-john-paul-dejoria/#photo-1

Please help "Locks of Love" and Jojo Lopez In Her Fight To Help Disadvantaged Children!

2011-07-19T22:07:00.000-07:00

Castellanos & Associates, APLC is proud to support a remarkable young girl, Jojo Lopez, age 9, in her efforts to organize a “Locks of Love” campaign on behalf of disadvantaged children. “Locks of Love” is a public non-profit organization that provides hairpieces to financially disadvantaged children suffering from long-term medical hair loss from any diagnosis. Jojo Lopez is the niece of one of our attorneys, Jeannie Moreno, Esq., and we are proud to say Jojo fiercely displays the unyielding determination of her aunt. When Jojo tried to organize a “Locks of Love” campaign at her school she ran into trouble getting approval for the campaign. That did not stop little Jojo, as she has now united with K-Earth 101 FM and famed hair stylist John Paul Dejoria to continue her fight to assist disadvantaged children. We are so proud of the extraordinary character displayed by this young nine year old and we hope you take a moment to read more about Jojo Lopez and her “Locks of Love” campaign at the following links:

http://kearth101.radio.com/2011/06/09/little-jojo-lopez-and-her-family-talk-about-locks-of-love/

http://kearth101.radio.com/2011/06/09/jojo-lopez-and-family-talk-about-locks-of-love-with-the-k-earth-101-morning-show/

http://kearth101.radio.com/2011/07/07/photos-gary-bryan-with-hair-designer-john-paul-dejoria-jojo-lopez-for-locks-of-love-photoshoot/#photo-1

Gay Marriage Coast to Coast - California Could Take a Page from New York's Playbook - WNYC

2011-06-28T08:12:00.000-07:00

Gay Marriage Coast to Coast - California Could Take a Page from New York's Playbook - WNYC

First test tube baby gives birth -- in vitro fertilization - The Boston Globe

2010-08-11T21:00:00.000-07:00

First test tube baby gives birth -- in vitro fertilization - The Boston Globe

Determining Child Support in California

2010-07-02T10:32:00.001-07:00

_{Many parents do not understand the method of computation of the amount of child support under California’s statewide guideline. In the wake of the current economic climate in California, parents are struggling with job loss, layoffs and the daily devaluation of their homes. Some may not only be dealing with the breakdown of the family unit but they are suffering a devastating financial collapse that is leading their properties into short sales and foreclosure. Simply put, today’s parents need to better understand the method of computation of their child support obligations so they can better meet these obligations against the backdrop of an uncertain economy.}

_{California Family Code Sections 4050-4076, detail our statewide child support guidelines. On or after July 1, 1992, the legislature determined that all child support orders in our state were to be determined under statewide uniform child support guidelines. These guidelines apply in any judicial or administrative proceeding for child support. There is also case authority in our state providing these guidelines also apply to the support of minor children and any adult disabled child. (In re Marriage of Drake (1997), 53 Cal. App. 4th 1139, 1163, 62 Cal. Rptr. 2d 466.}

_{Legislative Intent Behind The Guidelines:}

_{The actual intent behind California’s child support guideline can be found in Family Code Sections, 4050, 4052 and 4053. Not only must California Courts follow federal regulations for determining the guideline amount of child support, the legislature has set out additional factors for California courts to follow.}

_{California Family Code Section 4053 states as follows:}

_{“4053. In implementing the statewide uniform guideline, the courts shall adhere to the following principles:}

_{(a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.}

_{(b) Both parents are mutually responsible for the support of their children.}

_{(c) The guideline takes into account each parent's actual income and level of responsibility for the children.}

_{(d) Each parent should pay for the support of the children according to his or her ability.}

_{(e) The guideline seeks to place the interests of children as the state's top priority.}

_{(f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.}

_{(g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.}

_{(h) The financial needs of the children should be met through private financial resources as much as possible.}

_{(i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.}

_{(j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.}

_{(k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.}

_{(l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states. “}

_{Court’s Discretion To Deviate From The Guideline Amount of Support:}

_{California Family Code Section 4057 indicates the guideline amount of child support, once established, is presumed by the court to be the correct amount of child support to be ordered. However, Family Code Section 4057 also states that the presumption can be rebutted. Plainly stated, evidence may be introduced in court showing that the application of the formula would be “unjust” or “inappropriate” in any given case. However, evidence that is introduced to rebut the guideline amount of child support is rebuttable by specific statutory factors that can be found in California Family Code Section 4057(b). Some of these factors can include the following, (1) the parties stipulated to a different amount of child support under subdivision (a) of Section 4065; (2) the parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children; (3) a party is not contributing to the needs of the children at a level commensurate with that party's custodial time, (4) application of the formula would be unjust or inappropriate due to circumstances of a particular case (i.e., parents have different time share arrangements for different chidren, parents have substantially equal time share and one parent has much lower or higher percentage of income used for housing when compared to other parent, or cases where children have special medical or other needs that could require child support that would be greater than formula amount.}

_{For a complete review of what evidence can be introduced in court to rebut the guideline child support amount please see the full recitation of California statutory facts found in California Family Code Section 4057(b), or contact our office for a free initial consultation regarding your child support matter at (323) 655-2105.}

California Case Law: Termination of De Facto Parent Status - Juvenile Court

2010-07-02T10:11:00.000-07:00

CHILD PROTECTION CALIFORNIA: In re D.R.
The Court of Appeal of California, First Appellate District, Division Four, affirmed the juvenile court’s orders denying appellant-Alameda County Social Services Agency’s motion to terminate the de facto parent status of the respondent-uncle, and granting respondent-uncle’s partner de facto parent status. The court of appeal held that the agency had standing to appeal the orders because it stood in loco parentis to the minor child; the juvenile court did not commit legal error by concluding that respondent-uncle’s corporal punishment of the child did not require mandatory loss of his de facto parent status; the juvenile court did not abuse its discretion in finding insufficient changes in respondent-uncle’s relationship with the child to warrant termination of de facto parent status, and; the juvenile court acted within its discretion when it granted respondent-uncle’s partner de facto parent status. Under the California Supreme Court’s decision In re Kieshia E., a non parent may not obtain de facto parent status if the juvenile court determines that the minor is dependent due to sexual abuse or severe physical abuse committed by the nonparent petitioning for de facto parent status. Here, respondent-uncle was not trying to obtain de facto parent status, as he had been the child’s de facto parent for many years, and the present dependency hearing was not caused by respondent-uncle’s corporal punishment of his nephew, but rather by the child’s birth parent who failed to provide for him. Therefore, terminating his de facto parent status was not appropriate.
Cite: No.A124573, 185 Cal. App. 4th 852, 2010 Cal. App. LEXIS 889 (Cal. Ct. App. June 15, 2010)
Link to Full Opinion

Judicial Council Changes To California Adoption Forms / Tribal Customary Adoptions

2010-07-02T09:51:00.000-07:00

Effective July 1, 2010, the Judicial Council of California has implemented newly revised forms for adoption procedures in the State of California. These form changes include revisions to the petition used to file an adoption in California (ADOPT-200), as well as the Adoption Agreement (ADOPT-210) and the Adoption Order (ADOPT-215). The reason for the changes are to accommodate recent legislation in California allowing traditional forms of adoption practiced by tribes to be recognized by California courts as an addition to traditional permanency options currently available in California. It appears that this legislation is the first of its kind in the U.S., as Governor Arnold Schwarzenegger signed into law Assembly Bill 1325, permitting "tribal customary adoption" for American Indian children in foster care, on October 11, 2009. The changes made to the California adoption forms reflect the enactment of this legislation in California. According to the new legislation, Tribal Customary Adoptions will not require the termination of parental rights. Under current California law, once reunification services are exhausted, courts tend to give preference to terminating parental rights. Tribal Customary Adoptions creates a more culturally appropriate option for providing American Indian children in foster care a permanent home without compelling the termination of parental rights, a more culturally appropriate option. Further, a California Tribal Customary Adoption order will now "have the same force and effect as an order of adoption." For more on this landmark legislation, please see article entitled, "Tribal Customary Adoption, Tribal Alert, RE: TRIBAL CUSTOMARY ADOPTION PASSED INTO CALIFORNIA LAW, dated January 8, 2010, at www.calindian.org/alerts/62-2010-alert/99-triabl-customary-adoption. For more information about recent changes to California adoption forms, please visit, www.courtinfo.ca.gov/forms, or contact our office for a free initial consultation or for assistance with your adoption at (323) 655-2105.

HELP Legislation Introduced To Protect Children During ICE Raids

2010-07-02T09:23:00.000-07:00

On June 22, 2010, U.S. Senators, Al Franken (D-Minn.) and Herb Kohl (D-Wisc.) introduced legislation intended to better protect children in the United States during Immigrations and Customs Enforcement (ICE) raids. According to ECM Publishers, in their web article entitled "Franken, Kohn introduce HELP Separated Children Act," the U.S. Customs and Immigration Service reported 108,434 parents of U.S. citizen children were deported in the past 10 years. Unfortunately, these children are often left behind to fend for themselves in the United States without their parents and are effectively abandoned without sufficient safeguards to protect them while their parents are in detention. For more information on this legislation, please see the article, "Franken, Kohn introduce HELP Separated Children Act," published by ECM Publishers, Inc. at www.hometownsource.com.