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Child Support Community Property Dissolution (Divorce) Nullity (Annulment) Pre-Nuptual Agreements

Family Law encompasses Pre-Nuptual Agreements, Dissolution of Marriage (Divorce), Nullity (Annulment), Legal Separation, Settlement Agreements, Paternity, Child Custody/Visitation, Child Support, Spousal Support, Wage Assignments for Support, Community Property Rights, and Name Changes.

Child Support: Both parents of children are responsible for the support of those children ... whether they are separated, divorced, or never even married. Each parent is expected to pay half of any child care expenses reasonably necessary to allow the custodial parent (the one with whom the child mostly resides) to work. Each parent is expected to pay half of any unreimbursed medical expenses for the child as well. In addition, the legislature has established guidelines for additional child support orders based on the relative incomes of the parents and the amount of time the non-custodial parent spends with the child.
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Community Property: California (along with Louisiana, Texas, New Mexico, Arizona, Nevada, Washington, Idaho and Wisconsin) is a 'community property state'. Income earned as a result of the time, skill and effort of either spouse is presumed to be community income subject to equal management and control of both; and property and debts acquired during the marriage (but prior to separation) are presumed to be community property and debts (including pensions, IRAs, 401(k)s, etc.), subject to equal division upon dissolution. Excluded would be specific gifts to one spouse and/or inherited money/property.  Problems arise, of course, when one spouse owns property or a business prior to the marriage, which is improved, refinanced, or even re-titled, during the marriage. 
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Dissolution (Divorce): To file for divorce in California, you (or your spouse) must have been a resident of California for six (6) months and a resident of the county in which you are filing for three (3) months. If you have been married for less than five (5) years, there are no children of the marriage and the wife is not pregnant, and neither party owns any real estate, you may qualify for a Summary Dissolution, which costs only $395, plus the filing fee (currently $435, unless you qualify for a fee waiver.) Otherwise, a regular divorce, where one party is the Petitioner and the other is the Respondent (not plaintiff and defendant since we have no-fault divorce in California) costs $495 plus the filing fee.  A $100 surcharge will apply if children are involved.  
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Nullity (Annulment): A Nullity is a marriage which was void, or voidable, in the first place. It may have been that one party was already married to someone else, or wasn't of legal age of majority, or one party was told, believed, and relied on certain misrepresentations by the other (fraud) when being induced to marry. A Nullity costs the same as a Divorce and goes through the same process of filing, serving, waiting 30 days, and filing the request for judgment. In the case of a Nullity, however, a Default Hearing is certain and the Judgment is final when the Judge signs it (not six months after the Respondent was served).  A signed Judgment of Nullity means that you were never married.
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