Family Law, Child Custody, Child Visitation, Child Support, Spousal Support, Property Division, Division of Businesses, Interstate Custody Issues-UCCJEA, Stepparent Adoptions, Premarital Agreements, Post Marital Agreements, Paternity, Grandparent Visitation, Nullities, Legal Separation, Domestic Violence, Domestic Partnerships.

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(Please see Divorce Library for more information on each Topic)

Divorce/Dissolution

California is a no fault state and as such, you are entitled to a divorce or dissolution of your marital status in the State of California without having to show fault of any kind. There is a six month waiting period that begins from the time the Petition and Summons for Divorce are properly served upon the opposing party. Six months from that point you qualify to have your marriage dissolved. It is usually not automatic in six months unless you have filed a Summary Dissolution which represents a minority of the cases filed in San Diego County. Yelman & Associates handles all types of Dissolution matters from the very simple to the very complex. An early consultation is recommended before any party takes any action with regards to a Dissolution, Assets or Children. Please call today for your Free Telephone Consultation. Know your rights and make informed decisions.

Paternity

When parents are not married but have issues regarding Child Custody/Visitation and Child Support then those matters are typically handled in a Paternity case. Determining Paternity is the first step and then determining each parent’s right with regards to the child is next. Before any action is taken regarding a child or a paternity matter, you should seek advice of counsel.

Custody/Visitation

Custody and Visitation deal with the parenting time of minor children. There are two types of custody. Legal Custody is where parents share decision making regarding the health, education and welfare of minor children. Most parents share Joint Legal Custody in California but it may be possible in certain situations to obtain Sole Legal Custody.

Physical Custody is typically also Joint in California but this title does not mean the parties share the children 50/50. Joint Physical Custody can be given in situations where one party has the children the majority of the time as well. Typically, Judges are reluctant to award one party Sole Physical Custody although that does occur in a certain situations.

Yelman & Associates handles Child Custody/Visitation Cases in Dissolutions, in Paternity Actions and in Post-Judgment Actions as well. We focus on your children’s needs and represent you aggressively to get the best possible result in your matter. Early Consultations are strongly suggested before any action is taken. Know your rights to make informed decisions.


Child/Spousal Support

Child Support is payable by statute until a child turns 18, or if still enrolled in High School full-time, until the child graduates or turns 19, whichever occurs first. If the other parent is the high earner then you should be entitled to Child Support. If you are the high earner and the other parent has the child a substantial amount of time, you most likely will be liable for Child Support. If the parties share custody 50/50 but one party still earns more than the other, then the high earner may have liability for child support. The way your income, the other party’s income and the timeshare are presented to the Court can make the difference on how support is calculated and how much is paid in child support.

Spousal Support/Alimony is payable in the State of California. If you have been married for less than 10 years the general rule is that Spousal Support can be ordered for half the length of the marriage. If you are married over 10 years, the general rule is that there may not initially be any termination date for Spousal Support. Neither rule is a hard and fast rule, and you should seek advice if Spousal Support is an issue in your case. As with Child Support, how your income and situation is presented to the Court can make a difference in the amount of Spousal Support ordered.

Asset/Debt Division

California is a Community Property State which means that in the absence of a valid written agreement otherwise, all property accumulated during Marriage from the Date of Marriage to the Date of Separation (which can vary) is community property and divided 50/50. However, all property acquired prior to marriage; or by gift, inheritance or devise during the Marriage is typically Separate Property and will be awarded to the party owning that property. But there are issues of tracing Separate Property, how property is titled and/or Commingling Community and Separate Property which makes the determination of what is, or is not, Community Property difficult. If you have assets, you should seek legal counsel to determine if the assets are in fact Community Property or if there may be some Separate Property interest owed to one of the parties in the asset.

Nullity

A marriage can be annulled in the State of California based on certain statutory grounds. Whereas a Dissolution of Marriage can be obtained without a showing of fault, this is not the case with a Nullity action where the grounds pursuant to statute, such as bigamy or fraud, must be proven. If you wish to have your Marriage annulled, please seek legal counsel to determine if you have the proper grounds to request a Nullity of Marriage.

Post Judgment Modifications

After a Divorce has been finalized pursuant to a Marital Judgment, very often modifications are needed regarding Child Support, Spousal Support, Custody or Visitation. Yelman and Associates also handles these Post-Judgment matters.

Premarital Agreements

Premarital Agreements allow parties to determine how assets will be divided in the case of a divorce, how spousal support might be paid or what community rights attach to income or assets accumulated during the marriage. It is suggested that if you are thinking about having a Premarital Agreement then you should do so before dates are set or invitations are sent out. An early consultation regarding a Premarital Agreement is advised. This type of Agreement allows you to modify how community property rights attach before you are married.

Post Marital Agreements

As in Premarital Agreements, a Post Marital Agreement can also determine how assets will be divided in the case of a divorce, how spousal support might be paid or what community rights attach to income or assets already accumulated during the marriage or are to be accumulated from that point forward. This type of Agreement allows you to modify how community property rights attach after you are married.

Stepparent Adoptions

If you are remarried or getting married and desire to have your spouse adopt a child from a former marriage or relationship, then you can obtain a Stepparent Adoption. A Stepparent Adoption requires that the former parent’s rights be terminated before the Adoption can take place. Feel free to call Yelman and Associates to handle your Stepparent Adoption.