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Kathy Minella

In Divorce, Family Law Blog

Is Spousal Support For You?

Often during a separation or divorce, individuals are faced with many challenges throughout the process.

Though the marriage might be coming to a close, a spouse may still need financial support in order to start a new life. Whether or not a spouse is entitled to spousal support is dependent on a series of factors. It can prove to be difficult for both parties during a time of high stress, and it is important that facts,  as well as the entire alimony process, is handled professionally and efficiently within a timely matter.

Here is some helpful information on what spousal support is and if it could be the right option for you in your time of need.

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In Divorce

Do I Qualify For Summary Dissolution

dissolution

Dissolution is the official term for divorce in California.

There are two ways you can obtain a dissolution in California: standard, which is the most common form of divorce, and summary, which is a shortened version of the divorce process.

Not everyone can use summary dissolution to end their marriage as there are very specific requirements that must be met for the court to approve your divorce.

Hear Kathy Minella Explain More About This

Who Qualifies for a Summary Dissolution?

There are strict eligibility guidelines for a California summary dissolution and all of them must be met to proceed. In addition to those listed above, it is required that:

  • At least one of you has lived in California for at least 6 months, and in your county for at least 3 months before filing the petition.
  • Both of you must agree to summary dissolution and the grounds of irreconcilable differences.
  • Neither of you may own real estate or hold a lease with an option to purchase.
  • Neither of you has more than $40,000 in separate, or non-community, property.
  • Neither of you has incurred more than $6,000 in debt, excluding car loans, since the date of marriage.

Both of you must also read and sign a summary dissolution booklet that is provided by the state. The booklet explains the entire process and contains helpful worksheets for dividing assets.

How to Obtain a Summary Dissolution

There is less paperwork required for a summary dissolution than there is for a regular one, but you must file with the superior court clerk a Joint Petition for Summary Dissolution that includes a property settlement agreement.

A Judgment of Dissolution and Notice of Entry of Judgment must also be prepared. Six months after filing, your divorce will be final.

You do not have to appear in court and afterwards you are free to remarry. At any time during those six months either you or your spouse can stop the summary dissolution process.

If you are looking for a fast resolution to your marriage, summary dissolutions can be the right option for you as long as you meet the necessary requirements.

To learn more about whether you may qualify, or for help in starting the process, talk to a qualified California family law attorney.

[image courtesy of pexels] 
In Family Law Blog

Testifying in Family Law Cases With The Help of a Minor’s Counsel Attorney

Types of Restraining Orders in a Divorce

In family law cases, the voice of a minor can play a crucial role in shaping the outcome of proceedings. When disputes arise regarding custody, visitation, or other matters that directly impact a child’s well-being, the court may require the minor to testify.

To ensure that their rights and interests are protected throughout the legal process, minors can seek the assistance of a specialized attorney known as a Minor’s Counsel.

This blog post aims to explore the situations in which a minor may need to testify in a family law case and discuss how a Minor’s Counsel attorney can effectively advocate for them.

Child Custody and Visitation Disputes:

One common scenario where a minor may be asked to testify is in child custody and visitation disputes. In such cases, the court may want to gather the child’s perspective on where they feel safest, with whom they have a better relationship, and their overall well-being. Testifying provides an opportunity for the minor to express their preferences and explain their needs directly to the court.

Allegations of Abuse or Neglect:

In situations where there are allegations of abuse or neglect, a minor’s testimony can be crucial in determining the validity of these claims. By allowing the child to share their experiences, the court can make informed decisions regarding the child’s safety and well-being. A Minor’s Counsel attorney can help the minor navigate the legal process, provide emotional support, and ensure that their testimony is appropriately presented and understood by the court.

Relocation or Move-Away Cases:

When a custodial parent intends to relocate with the child, it may significantly impact the existing custody arrangement. In such cases, the court may consider the child’s preferences, especially if they are of sufficient age and maturity to express their opinion. The Minor’s Counsel attorney can help the child understand the legal implications, assist in gathering relevant evidence, and advocate for their wishes effectively.

Modification of Existing Custody Orders:

Sometimes, changes in circumstances require modifications to existing custody orders. These changes can be related to a parent’s behavior, the child’s best interests, or other significant factors affecting the child’s life. In modification hearings, the child may need to testify to provide insight into how their circumstances have changed and how it affects their relationship with each parent. The Minor’s Counsel attorney can support the minor in presenting their case and ensuring their interests are considered.

How a Minor’s Counsel Attorney Can Assist:

A Minor’s Counsel attorney is appointed by the court to represent the child’s best interests throughout the legal proceedings. They act as the child’s advocate, providing guidance, support, and legal representation. Here are some ways in which a Minor’s Counsel attorney can assist:

  1. Establishing Trust and Communication: The attorney builds a relationship of trust with the child, ensuring they feel comfortable sharing their thoughts, concerns, and preferences.
  2. Explaining the Legal Process: The attorney simplifies complex legal concepts and procedures, helping the child understand their rights and the implications of their testimony.
  3. Gathering Evidence: The attorney conducts investigations, interviews witnesses, collects relevant documents, and presents evidence that supports the child’s best interests
  4. Preparing for Testimony: The attorney helps the child prepare for testifying, offering guidance on how to present their thoughts and emotions effectively while reducing stress and anxiety
  5. Advocating in Court: During hearings, the Minor’s Counsel attorney advocates for the child, ensuring their interests are heard and considered by the court. They present the child’s perspective, challenge opposing arguments, and work towards securing the child’s best outcome.

 

In family law cases, minors may need to testify in various situations to ensure their best interests are prioritized. If you or your family is need, please don’t hesitate to reach out for a complimentary consultation at 619.789.4111

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