Annulment vs. Divorce

In this post I’m not going to discuss the inner workings of how a Divorce in California works, unless it is helpful to understanding the differences between a divorce or a dissolution action and an Annulment or Nullity action.  I am going to discuss why an annulment would be a good option in certain situations, but may not be possible most of the time.  This post is to give you an overall picture of the grounds for an annulment and not to go into specific facts required under each category.

Family Law and Divorce Do it Yourself Series Part I: How to Modify an Existing Child Support Order in California?

This post is to help you file or just simply understand what your lawyer is doing when he or she agrees to assist you in modifying your existing child support order. 

No Common Law Marriages in California, EXCEPT…

No matter how much anyone tries to convince you that common law marriages exist in California do not believe them.  There simply is no common law marriage in California or any marriage-like rights that are recognized under the California Family Code.  This means that there is no spousal support arising out of a marriage-like relationship, nor are there any property rights created.  So if you want to break up with the live-in boyfriend or live-in girlfriend and you do not have any children, they will not have rights under the California Family Code to assert against you for spousal support or property. 

Determining Custody: Child's Best Interest

In determining child custody where there hasn't been a permanent custody order by the court, the court will analyze the following factors in deciding what custody arrangement is in the best interests of the child (California Family Code Section 3011:

Long-Term Marriages in California

Under California law, ten-year plus marriages are presumed to be “lengthy” marriages or marriages of long duration for the purposes of spousal support.  By default, according to California family Code 4336, a marriage 10 years or more the court will retain jurisdiction over the spousal support issue unless you agree to something else your marital settlement agreement. 

Grandparent Visitation in California

The most likely route for Grandparents seeking visitation rights of their grandchildren is under California Family Code section 3104.  This code section provides conditions in which grandparents may petition the court for visitation.  Notice must be give to each of the child's parents, stepparents or one who has physical custody of the child.  This is done by personal service.