Articles Tagged with divorce

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Child Custody and Support Outside of Wedlock

Child-Custody-and-Support-Outside-of-WedlockNavigating custody and child support cases is a normal part of course proceedings. If you happen to be an unmarried parent who has newly separated from their partner, you might be wondering if any legal provisions are in place to support you and your child. In 2018, the CDC revealed 39.6% of all births in the United States resulted from relationships outside of wedlock, so this is hardly an unusual situation. However, the information and resources available to parents going through custody-related claims in court are generally focused on situations where the parents were previously in a legally recognized union. Continue reading

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At a recent continuing education seminar for San Diego family law attorneys, a family court judge was asked what, if anything, the court tries to do to minimize the harmful impacts of divorce on children. The judge responded that she often refers families in her courtroom to a program called Kids’ Turn San Diego, and that she has found the program to be very beneficial for children whose parents are going through a divorce. I began to do some research on the program out of my own curiosity, and I’ve decided to share a bit about the program in case any of our readers with children are also interested in knowing more about what they can do to help their child cope with divorce or separation.

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If you are going through or have gone through a divorce in California you’ve probably figured out that the length of marriage becomes very important and can become a hotly contested issue at divorce time. While the length of marriage is relevant for a number of issues in divorce litigation, there is special and controversial significance in relation to spousal support. This is because, under the family code, the future of spousal support may follow a very different course once a marriage hits the 10-year mark, as opposed to a marriage that lasted less than 10 years. This particular magic number comes into play because under the family code, a marriage of 10 years or more is presumed to be a marriage of “long duration” (more commonly referred to as a long-term marriage). (FC 4336)

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When the marriages of most couples become irretrievably broken, the most common way to end these marriages is to file for divorce. However, certain extenuating circumstances call for annulling the marriage rather than dissolving it.

There are two distinct categories of marriages in the context of nullities. There are marriages that are void and there are marriages that are voidable.

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