In the state of California, when an individual is served a divorce petition, they have a period of 30 days to file a response. If this is not done, the court can move forward with the proceedings without the other spouse, resulting in a default divorce.

From a legal standpoint, no. However, being the first to file does provide some benefits. For example, the spouse who files for divorce, also know as the petitioner, will be able to pick the county where the proceedings are handled. It’s best to consult with a professional divorce lawyer who can inform you of your rights.

Yes, a judge can reject the divorce forms you file if pertinent information or further documentation was missing, or if incorrect information was provided on the form or additional context is needed. That’s why it’s important to have a qualified divorce attorney assist with the filing process.

One of the best ways to protect your assets from divorce is by obtaining a prenuptial agreement prior to the marriage. This legal document can outline how assets should be divided upon the dissolution of the marriage.

Community property is any assets, property, or debt that was obtained by the couple during the time of their marriage.

Separate property is any assets or property that either spouse acquired or owned prior to the marriage. This may also include an inheritance, assets gained following a separation, or a gift to one spouse from an outside party, according to Family Code 770-772.

The state of California defines joint custody as both physical and legal custody. Legal custody refers to decision making, while physical custody determines where a child resides and how time with the child is split.

In instances of joint legal custody, the parental rights and decision making are shared by the parents. And in instances of joint physical custody, each parent will receive substantial time with the child. It is possible to receive joint legal custody, but not joint physical custody.

Similar to joint custody, sole custody in California also differs between legal and physical custody. For example, if an arrangement of sole legal custody is made, then only one parent will be responsible for decision making. While sole physical custody indicates that the child will only live with one parent.

Not necessarily. In matters of sole custody, the noncustodial parent will not have legal rights concerning decision making or having the child reside with them. However, they do still have the right to visitation, unless the court decides against it. This differs from the termination of parental rights.

Terminating parental rights legally ends the relationship between a parent and child. In such cases custody, visitation, and other rights are revoked.

According to California law, legal guardianship occurs when the court awards custody to an individual who is not the parent, who will then be responsible for the care of the child. Whereas custody is when the child is in the care of their parent or parents. However, it is important to note, that parents may still be able to maintain parental rights even if a guardianship has been granted.

Typically, a parent will not lose custody of their child if they don’t pay child support. However, that does not mean that an individual can forgo making support payments. Neglecting to pay child support comes with serious consequences, such as being found in contempt of court, wage garnishment, community service, and many more severe repercussions.

Reasons a Judge Will Change Custody:

• If one of the parents relocates
• If the needs of the child(ren) have altered since the original order was made
• If the environment the child is in is unsafe
• If the parental responsibilities are being neglected
• If the custody agreement is not being followed

In instances where an individual is refusing to pay child support, they could potentially be found in contempt of court, which could result in the parent being sent to jail.

While parents do have the right to create a child support agreement, if requirements are met and the court approves it, they cannot waive child support.

Arrears refer to child support that has not been paid. This unpaid or past due support can then be enforced by California’s Department of Child Support Services.

Arrears occur if the parent has neglected to make the support payment; this is often used interchangeably with back child support. Retroactive child support references support that was accumulated prior to the child support arrangement being made.

Domestic violence can be either a misdemeanor or a felony in the state of the California. The severity and circumstances surrounding the crime can determine how an in individual is charged. If there was corporal injury, then the individual will be charged with a felony according to California Penal Code 273.5. While battery may be charged as a misdemeanor. Regardless, domestic violence is considered a serious crime that is punishable by the law, with penalties including fines, imprisonment, and possible probation.

Yes, verbal abuse is considered domestic violence and a criminal threat that is punishable by California law under Penal Code 422.

Yes, emotional abuse is considered domestic violence. According to California Penal code 13700 (a), abuse can include causing another individual to fear for their safety. Therefore, acts ofcyber harassment, stalking, threats, and trespassingcan be considered acts of emotional abuse.

Yes. According to California spousal support laws, if you are the recipient of alimony and you remarry then spousal support with stop, unless such terms were waived during your divorce.

Yes, spousal support is taxable at the state level in California. This means that the individual who collects support must report the alimony as income, while the individual who pays support can deduct the payments from their income when filing.

However, this does not apply to federal filings.

Modification of alimony can be requested by the court if there is proof of a substantial change in circumstances. This does include a change in income. However, this typically pertains to a loss of employment or a decrease in income.

A prenuptial agreement is meant to protect your assets in the event of a divorce. This may include property, real estate, debt, or income, and how it will be divided. This can be especially helpful as California is a community property state.

Yes, in certain cases a prenup may not be considered valid by the court. This can occur if assets were not disclosed, if there was invalid or false information provided, if the agreement was signed under coercion or non-voluntarily, or if the agreement was not filed correctly.

No. A prenuptial agreement is signed prior to a marriage, while a postnuptial agreement can be made after a couple is married. However, prenups can be modified or terminated by the spouses after the agreement has been made.

If the requirements laid out by the state are met. In California, that means the agreement is made in writing and voluntarily signed by the couple. State law also mandates specific requirements regarding what can and can’t be included in the agreement, as well as the legal process surrounding filing. To ensure your prenup is valid and legally enforceable, it’s best to hire an attorney to assist with the agreement.

While laws surrounding visitation can vary by state, in California, a grandparent can petition for reasonable visitation rights.

No. The state views child support and child custody agreements separately. While there are serious ramifications for unpaid child support, this does not include withholding visitation rights.