San Diego Divorce Attorneys Blog
Custody Cases With Domestic Violence
California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.
Domestic violence occurs more often than most people realize and affects many families in California. Domestic violence significantly impacts family law when the courts must rule over custody orders for divorcing parents or those parents involved in custody cases in which domestic violence is present.
In some cases, supervised visitation is the answer. In other situations, protective orders are necessary. Every case that involves domestic violence is unique, but every case is, at the same time, handled with care. When a case involves domestic violence, the law makes it clear what the outcome for custody orders should be.
A partner in a long-term unmarried relationship may question their eligibility for financial support like alimony upon the relationship’s termination. California refers to financial support for unmarried partners as palimony. Courts do not automatically award palimony like they do spousal support, and establishing entitlement to palimony in California requires complex legal evidence.
The process of divorce presents unique challenges for married couples of all ages, yet it can be more complex for older couples who pursue what is known as a “gray divorce.” During a gray divorce, older adults face distinct legal and financial situations when they decide to end a long-term marriage due to reasons like growing apart or infidelity. Understanding the legal considerations for divorcing later in life is essential.
Leaving an abusive spouse through divorce represents one of life’s most challenging and hazardous decisions. Any type of abuse becomes more dangerous when the victim decides to leave the abusive situation. California provides legal protections and resources that assist individuals in navigating this process with maximum safety. Below are some safety tips when divorcing an abusive spouse in California.
In some cases, individuals may seek an annulment due to fundamental issues that render the marriage legally invalid. Understanding the legal grounds for annulment in California is essential for those seeking to dissolve a legally invalid marriage.
In California, ‘legal separation’ means that a married couple can live independently without fully and formally dissolving their marriage. There are some benefits and disadvantages to obtaining a legal separation. A seasoned attorney who is familiar with legal separation cases can further discuss all options for dissolving a relationship.
When considering filing for a divorce in California, setting yourself up for success right from the start is crucial. You might want to take a few important steps before you file. A knowledgeable California family law attorney who is familiar with divorce matters like yours can be invaluable throughout the entire process.
Spousal support, or alimony, isn’t mandatory following a California divorce. Yet, divorce is a complicated process, and if one partner makes more money than the other, a California court may require alimony payments. Post-divorce settlements may call for spousal support that impacts your finances over the long term. A knowledgeable family law attorney can help discuss specific spousal support requirements in California.
Family violence is terrible, particularly in relation to child custody. Children’s safety and welfare are never weighed against custody claims in California courts. Evidence of abuse can strongly sway these decisions, and, in some cases, limited or monitored visitation is given to the abusive parent.
Divorce can be a tense and painful affair, especially when it’s a high-stakes divorce with disputes over property, child custody, or child support. Mediation can be a solution to litigation, but in California, it’s about getting along and being open. Mediators help divorcing couples reach an agreement that is right for both of them, and the mediation process saves both time and money.