FREQUENTLY ASKED QUESTIONS
FAMILY LAW
- What are the grounds for divorce in the state of California?
- California was the first state to implement the no-fault divorce concept. In California, a dissolution of marriage (divorce) can be granted if the court finds there to be irreconcilable differences that have cause an irrevocable breakdown of the marriage. This means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.
- What is a dissolution?
- The act of terminating a marriage, but the term does not apply to an annulment. Dissolutions are subject to the laws of the states that provide for them. State law governs the procedures for the termination of the marriage and the distribution of marital assets, custody, visitation and support issues.
- What is a legal separation?
- Legal separation is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property and debts. The process of legal separation is sometimes called separate maintenance. A decree of separate maintenance cannot later be converted to a divorce decree. If parties in a legal separation later desire a divorce, they must file a new divorce action.
- What about the divorce kits and preprinted forms that are available?
- Family law is a complex area of the law which is not well served by simplistic forms that do not address all of the issues and areas concerned if the individual is not well versed or has not consulted with appropriate legal counsel to review the facts and problems of each individual case. The lasting effects of decisions made in haste without proper advice would militate against the use of such forms.
- What is child support?
- Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
- Who can be ordered to pay it?
- A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.
- Can one parent be ordered to pay child support even if s/he never married the other (custodial) parent?
- Yes. Child support is payable from one parent to the other for a common child, regardless of the marital status of the parents. This is very common in a paternity action, whether or not the issues of parentage, child visitation, child custody, and child support are resolved. Paternity actions to recover the cost to government for payment of Aid to Families with Dependent Children (AFDC or welfare) are commonly brought by local government agencies (such as the Office of the District Attorney) throughout the country to hold a parent responsible for child support, even when s/he has never been married to the other parent.
- What gives a state court the power to treat military retired pay as marital property to be divided in a divorce?
- In 1982 Congress passed a law, the Uniformed Services Former Spouses` Protection Act that permits state courts to treat military retired pay as property. The law was Public Law 97-252, and the portion dealing with the division is codified at: Title 10 United States Code, Section 1408.
