After you have considered your options for dissolving your marriage and decided that the best choice for you is to request an annulment, there are specific steps you must take to complete this process according to California law. Contact Bickford Law today with any questions you may have about the process, then let us work for you to ensure you have the best chance at receiving the court’s approval for your annulment.
If you are married and currently living in California, one effective option for dissolving your marriage is by petitioning the court for an annulment. Compared to a divorce, in which a marriage is considered legally over, an annulment declares that the marriage was invalid. An annulment means, from a legal standpoint, that it never existed. If you’re considering dissolving your marriage, consider the following information for how to petition for an annulment, what the statutes of limitations are for filing your petition based on the grounds you are claiming for annulment, and what you can expect after filing your petition.
Although they happen often, annulments are often misunderstood. Media and popular culture promote a number of diverse yet equally inaccurate representations of this process, making it difficult for most people to recognize the truth of this legal concept. If you are unsatisfied with your relationship or discover new information that drastically impacts the validity of your marriage, call our firm. California law allows you to receive an annulment if you follow a certain legal process and meet specific criteria.
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Divorce can be one of the most challenging experiences of any person’s life, but the process tends to be especially hard on parents. The breakdown of a marriage is one thing, but the breakdown of a family unit raises an entirely new set of concerns and issues that demand thoughtful consideration.
In California, state law dictates that all family court judges must ensure that any divorce involving children preserves those children’s best interests. Regardless of whether divorcing parents intend to go to court or mediate their divorces, the California family court system must approve their parenting plan and ensure safe care, custody, and support for the couple’s children.
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Divorce is typically one of the most difficult experiences of a person’s life. It is natural to feel a mix of frustration and confusion as one accepts the reality of an impending divorce. It is also natural to have many questions about the legal process of divorce. At Bickford, Blado & Botros, our San Diego divorce attorneys understand how challenging divorce can be and want to provide as much clarity about the process as we possibly can. It’s essential to know how a typical divorce case unfolds, the differences between mediation and litigation, and the common problems divorcing individuals face through their proceedings.
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Whenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide assets, make false statements, obfuscate evidence, and otherwise interfere with their divorce proceedings for personal gain. When this occurs, the other spouse must know their legal options and take appropriate action.
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The vast majority of divorce cases filed throughout the United States unfold along relatively tame lines compared to many media portrayals of divorce. However, in rare cases, divorces are hotly contested by one or both parties, and the emotional side of a divorce can have far more influence on the legal side than it should. When emotions prevent rationality in divorce proceedings, everyone ultimately loses. Heated arguments and unwillingness to compromise increase the time, expense, and stress required to end the marriage.
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Ending a marriage is rarely a simple or easy endeavor, but there is more than one way to handle this type of matter. While many people believe that divorces end with heated court battles, this is actually only true for a small fraction of the divorce cases that unfold in California and throughout the United States. Every marriage is different; therefore, every divorce case is different, so it is vital to seek guidance for your unique situation with an experienced San Diego divorce attorney to determine the best approach to your own divorce.
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COVID-19 has affected all sectors of the U.S. population. The Governor of California, Gavin Newsom, has issued stay-at-home orders for all residents, with limited exceptions for “essential works.” In California alone, over 1 million workers have filed for employment benefits. The San Diego Courthouses have all closed to the public and were only processing temporary restraining orders. As of April 8, 2020, the Superior Courts have expanded their accessibility slightly allowing for limited Ex Parte (emergency) Hearings. Since the Court’s official closure in mid-March, it is believed the Court has received over 7,000 documents via U.S. Mail. None of these documents have been processed during the closure. This figure does not account for the presumably high number of Court filings that have been postponed or the number of hearings that were scheduled to occur during the 2 ½ months the Court has been closed. Those hearings will have to be continued to a date in the future. So, what can we expect once the Courts are able to re-open in any capacity? Continue reading
The other day I was asked, “Why do I need to pay child support to my ex-wife if we care for our children equally?” This is a great question that requires some understanding of both California law and public policy. At first blush it may seem unreasonable and unfair that one parent must pay the other parent child support even though both parents equally care, house, feed, and pay for their children’s livelihood and well-being.
Let’s start by looking at California Family Code section 4053, which is the statute that provides courts with overarching principals to consider when implementing a child support order. This statues states, in part, that “a parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.” (emphasis added.) The statute also states that, “the [child support] guideline takes into account each parent’s actual income and level of responsibility for the children” and that “each parent should pay for the support of the children according to the parent’s ability.” (emphasis added.) The statute also explains that child support “should minimize significant disparities in the children’s living standards in the two homes” and that “children should share in the standard of living of both parents.” (emphasis added.) Continue reading
San Diego Divorce Attorneys Blog