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Home > California Family Law
California Family LawCalifornia Family Law

SERVING CLIENTS IN LONG BEACH, ORANGE COUNTY, IRVINE, SANTA ANA, WESTMINSTER, HUNTINGTON BEACH, FOUNTAIN VIEW, NEW PORT BEACH, SEAL
BEACH, COSTA MESA, SANTA MONICA, CARSON, TORRANCE, SAN PEDRO,
ALHAMBRA, PASADENA, SAN FERNANDO VALLEY, LOS ANGELES, LAKEWOOD, CERRITOS, GLENDALE, SEAL BEACH, VENICE BEACH, BEVERLY HILLS, AND HOLLYWOOD.


LONG BEACH FAMILY LAW ATTORNEYS

The experienced Long Beach Family Law Attorneys At Garg and Associates understand that family law and marital discourse can be very stressful and become quite complicated. We are experienced family lawyers and we are prepared to assist you through any family or marital issues you may be experiencing. Whether you are considering divorce (dissolution of marriage) and need assistance in devising a plan, have been served with an original petition for a dissolution of marriage, are dealing with child custody issues, or need assistance with complex property divisions (which is a daunting task under California law), we will work diligently to resolve matters and to protect your interests in the most efficient manner possible.

At Garg and Associates, PC, we diligently research and maintain up-to-date on the constantly changing California laws regarding family law in order to provide you with the best representation. Our broad base of knowledge covering business law, immigration & naturalization law, real estate law, probate and retirement laws, wills, trust, & estate issues complement our family law practice, which propel us one step above other law firms. All these factors are extremely important with issues such as community property, division of assets, and child support.

The followings are issues that you may have questions or concerns about. Please contact Garg and Associates's Experienced Long Beach Family Llaw And The Long Beach Divorce Attorneys for an initial consultation.


 
  • Dissolution of Marriages (Divorce): A divorce proceeding in California is called "Dissolution of Marriage." Dissolution of marriage terminates a marriage contract between two people. Legally, dissolution of marriage allows each individual the legal right to marry someone else. Additionally, it divides the one's assets and debts from the other, as well as determines the care, custody, spousal support, and child support of the children. Under the California Family Code § 2310, a dissolution action is maintained to terminate a valid marriage on grounds arising after the marriage, which is different from a nullity of marriage. California Family Code § 2310 allows a couple to establish dissolution either because of irreconcilable differences or because insanity.
  • Formation and Dissolution of Domestic Partnerships: In California, certain cohabitants are eligible to register as "domestic partners." California Family Code § 297 et seq. Domestic partners are defined as "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. California Family Code § 297(a). A couple may register the domestic partnership by filling out the "Declaration of Domestic Partnership" form. In the same way, to terminate a domestic partnership, the couple must fill out the "Notice of Termination of Domestic Partnership" form. Both of these forms must be signed and notarized by a Notary Public to be effective. Registering a "domestic partnership" does not make the partners a married couple. However, the domestic partners acquire a broad range of statutory rights and privileges. Effective January 1, 2005, the rights and obligations of registered domestic partners under California law are virtually identical to the rights and obligations of a married couple.
  • Legal Separation: Unlike most other states, California allows a couple to be legally separated. The legal separation is not an equivalent to dissolution of marriage. The couple is NOT legally divorced and therefore cannot establish marriages with other couples. The underlying theory under such legislation is to assist families in time of difficulties and assist maintaining marital union. With the exception of allowing the couple to get marry, legal separation will allow the division of assets and liabilities, establish child care and child custody, visitations, child support, and spousal support. Like dissolution of a marriage, California Family Code § 2310 allows a couple to establish legal separation either because of irreconcilable differences or because insanity.
  • Nullity of a Marriage or Domestic Partnership in California (Annulment): A nullity proceeding is different from dissolution of a marriage. A nullity of a marriage, often called annulment, is granted based on reasons existing at the time of the marriage, meaning no valid marriage ever occurred. That is the marriage, from its inception, is either void or voidable (California Family Code § 2200 et seq.). In other words, whereas dissolution of marriage seeks to terminate marital status, nullity of marriage asks the court to determine that, for reasons specifically stated under the family code, the marriage was void or voidable from its inception. A marriage may be invalid from its inception either because it did not follow the requisite statutory procedures, resulted in irregularities in statutory formalization (California Family Code § 306) or because of legal impediments that render the marriage void or voidable, such as incestuous relations, bigamous relations, the marriage was induced by fraud or force, or one or both parties were under age of consent. California Family Code §§ 2200, 2201, and 2210.
  • Child Support: California Family Code § 3900 specifies parental obligations upon a dissolution of marriage or legal separation. Essentially, both parents are obligated to child support for all children during the course of the marriage, including adopted children. To the extent that a child was born or conceived during the course of the marriage, the child is presumed to be the natural child of the husband, unless a paternity test clearly establish otherwise. Child support is the ongoing obligation by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children stemming from a relationship or marriage. Under California family code, the amount of child support is based upon the Uniform Child Support Guideline, codified under California Family Code §§ 4050, 4051, and 4052 and may only be departed only for reasons stated under §§ 4057(a).
  • Child Custody & Visitation: California Family Code §§ 3020 to 3204 and the Uniform Child Custody Jurisdiction and Enforcement Act, Ca Fam § 3400, govern the custody of minor children in California. The Codes provide the court broad discretion in deciding on the issues of child custody and visitation, so long as the discretions are "necessary and proper." However, the court's discretions must follow some basic statutory principals. First, the court's primary concern should be the safety and welfare of the minor children. The court must not allow the minor children's health and safety by remaining in a residence that is abusive or a residence that has domestic violence (Family Code §§ 3020(a) and 3044). Second, unless the minor children's safety or welfare is at issue, the court must provide "frequent and continuing" contact for both parents (Family Code §§ 3020(b) and 3011). Depending on these issues, child custody can be change before the final dissolution or separation or any time thereafter if there are change in circumstances that would affect the health, safety, and welfare of the minor children.
  • Division of Property: California is a community property state. All assets and liabilities that are acquired from the date of marriage (DOM) to the date of separation (DOS) are community properties. Those that are not community properties are separate properties. Since January 1, 2005, community property rights are extended to domestic partners. The DOM is the date in which a man and a woman consent to the marriage by obtaining a marriage license and take the solemnization oath. In certain instances where a marriage is void or voidable, such as a putative spouse (the spouse having a good faith belief that he/she is married but through no fault of their own, they are not), the court will allow the putative spouse to obtain ½ of the at-fault party's property, as Quasi-Marital property. The DOS is when the parties have an irretrievable breakdown of the marriage. This includes the date of dissolution, legal separation, or an annulment. The California Family Codes and case law provide specific methods of dividing community assets. Please read the article regarding "Division of Assets" to find out more.
  • Spousal Support: Spousal support, better known as alimony, is financial support paid by one spouse to another. In California, the court, with certain guidelines, has broad discretion to allow spousal support, to extend or limit the duration of such support, as well as to terminate such support. Under California Family Code §§ 4320 and 4330, the court will take into consideration the circumstances in reference to the parties' standard of living during the DOM and their abilities to pay for such standards. In addition, the court will take into consideration the 14 standard factors under California Family Code § 4320(a) through (n).
  • Establishing Paternity: In California, it is presumed that the husband is the father of the child if the child is born or conceived duration the date of marriage. Unique to California law, a child that is born after January 1, 2005 by a domestic partner is considered the child of that couple. Parents that are not married may voluntary declare parentage (Voluntary Declaration or Paternity) with the hospital where the child was born. In cases where there is a dispute as to the parentage of the child, the court can order genetic tests, including blood testing of the male, female, and the child, to determine parentage of the child. Paternity must be determined before the court will allow child support, visitation, and child custody.
  • Temporary Orders: Temporary orders may be obtained in California for a variety of issues, including Temporary Custody & Visitation Orders, Temporary Domestic Violence Orders, Temporary Child Support Orders andTemporary Spousal Support Orders.
  • Temporary Restraining Orders & Domestic Violence Restraining Orders: Temporary and permanent restraining orders may be obtained in domestic violence cases. Emergency protective orders may be obtained ex parte, without the presence of the other party, on an emergency basis in cases of imminent domestic violence, child abuse and/or child abduction, stalking, or elder or dependent adult abuse (California Family Code § 6240 et seq. and California Penal Code § 646.91). Additionally, specified protective orders (California Family Code § 6218) and other domestic violence prevention orders (California Family Code § 6300 et seq.) may be issued in a domestic relations status action. Protective orders may also be obtained independently under the Domestic Violence Prevention Act (DVPA). California Family Code § 6200 et seq.
  • Prenuptial (Premarital) & Marital Agreements: A prenuptial agreement is a contract that is entered into prior to marriage, which has various provisions, such as how property should be divided in the event of a divorce, or what support obligations should be in the event of a divorce, etc. A marital agreement is the same type of contract that is entered into during the marriage. California applies the Uniform Premarital Agreement Act (UPAA). Under UPAA, a prenuptial (or premarital) agreement may include any "interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings." California Family Code § 721(a) and (b) allows couples to agree to any lawful issues subsequent to a marriage. Oftentimes, these issues are the same as those under a prenuptial agreement.
If you or someone you know is need of family law services, please call Garg and Associates, PC today at
1-877-517-4275 or complete our Contact Form and let us assist you with your family law needs.