A judgment of divorce terminates your marriage. It will also allow you to divide your property, provide for the support of the other party and your children.
This process will allow the parties to divide their property, provide for the support of the other party and your children. Neither party may remarry until they file for Divorce.
Nullity/Annulment of Marriage
This is available if the parties meet certain requirements and the marriage is void or voidable. Discuss your specific case with your attorney,
This is available to parties who are parents, but never married. Discuss your specific case with your attorney.
(a) Legal Custody. The parent with legal custody makes the decisions relating to the health, education and welfare of their child. Parents can share joint legal custody or one parent can have sole legal custody. (Family Code sections 3003 and 3006)
(b) Physical Custody. Joint physical custody means that each parent cares for the child for significant periods of times. Sole physical custody means that the child lives with one parent and visits with the other parent. (Family Code sections 3004 and 3007)
This is the time that you spend with your children. If you and the other party cannot agree on the timeshare schedule for the children, then the court will make the decision based upon the best interests of the children. The timeshare schedule may differ based upon the age of the children and their needs.
If you and the other party cannot resolve a custody or visitation dispute you may be required to attend a mediation session with a family court services mediator. Your attorney may not be allowed to attend the mediation with you but you can meet with your attorney ahead of time to prepare for the mediation.
The father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances. (Family Code section 3900) This duty continues as to an unmarried minor child until he or she completes the 12th grade or attains the age of 19 years, whichever occurs first. (Family Code section 3901)
Each case is different and will involve division of the community property assets and debts acquired by the parties during the marriage. Some property obtained by a party during marriage may be their separate property. Your attorney will have to advise you based upon the specific facts of your case.
If the other party is threatening or harassing you, the court may make an Order to protect you from certain types of contact. Discuss your specific case with your attorney.