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Family Law Blog

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.

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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.

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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

In Child Support

Steps to Collect Back Child Support Payments in San Diego

what is spousal support | photo of coins stacked up | minella law

If you are a custodial parent, you are eligible to receive child support payments from the non-custodial parent. These payments are designed to help provide financial support to the custodial parent to assist in providing care and support for the children.

Child support can be sought for all children under 18 years old, or those still attending high school. Unfortunately, an oral agreement between both parents is not enough to ensure child support payment, and is also not enforceable by the courts in California.

It is highly recommended that you obtain a Child Support Order from the San Diego courts.
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In Family Law Blog

The Benefits of a Living Trust For Your Family

When it comes to estate planning, a living trust is an invaluable tool that can provide numerous benefits for your family. Unlike a will, which only takes effect after your passing, a living trust offers both flexibility and control during your lifetime and ensures a smooth transfer of assets to your loved ones upon your death.

In this blog post, we will explore the advantages of a living trust and guide you through the process of establishing one.

Benefits of a Living Trust

Avoiding Probate:

One of the primary advantages of a living trust is its ability to bypass probate, the legal process of administering an estate. Probate can be time-consuming, expensive, and subject to public scrutiny. By establishing a living trust, your assets can be transferred directly to your beneficiaries without the need for court involvement, resulting in a faster and more private distribution of your estate.

Maintaining Privacy:

Unlike a will, which becomes a matter of public record during the probate process, a living trust allows you to keep your financial affairs private. Since the trust administration takes place outside of court, the details of your assets and beneficiaries remain confidential, offering increased privacy and protection for your family.

Incapacity Planning:

A living trust provides a mechanism to handle your assets in the event of your incapacity. By designating a successor trustee, you can ensure that your affairs are managed according to your wishes, avoiding the need for a court-appointed guardian or conservator. This feature offers peace of mind, knowing that your financial matters will be taken care of if you become unable to manage them yourself.

Flexibility and Control:

With a living trust, you retain complete control over your assets during your lifetime. You can amend or revoke the trust at any time, add or remove beneficiaries, and modify distribution instructions. This flexibility allows you to adapt your estate plan to changing circumstances, ensuring that your loved ones are provided for according to your wishes.

Process of Establishing a Living Trust

Consult with an Estate Planning Attorney:

To create a living trust, it is advisable to consult with an experienced estate planning attorney. They will guide you through the process, help you understand the legal implications, and ensure that your trust is tailored to your specific needs and goals.

Inventory Your Assets:

Compile a comprehensive list of your assets, including bank accounts, real estate, investments, and personal property. This inventory will help you determine what assets should be included in the trust and how they should be distributed.

Designate a Trustee and Beneficiaries:

Choose a trustworthy individual or entity to act as the trustee of your living trust. The trustee will manage the assets according to your instructions and distribute them to your beneficiaries upon your passing. Additionally, specify the beneficiaries who will receive the assets and any specific instructions regarding the distribution.

Draft and Fund the Trust:

With the assistance of your attorney, draft the trust document, which outlines the terms and conditions of the trust. Once the document is finalized, you need to fund the trust by transferring ownership of your assets into the trust. This step may involve changing the title of bank accounts, deeds, and other relevant documents.

Review and Update:

Regularly review your living trust to ensure it reflects your current wishes and circumstances. Major life events such as marriage, divorce, birth, or death may require revisions to your trust. It is important to keep it up to date to maintain its effectiveness.

 

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In Summary

A living trust provides numerous benefits for your family, offering a seamless transfer of assets, privacy, and control over your estate. By consulting with an estate planning attorney and following the necessary steps, you can establish a living trust that aligns with your goals and safeguards the financial security of your loved ones.

 

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