The California Family Law Courts can only set forth rulings on issues over which they have valid jurisdiction. Thus, if a matter lies outside of a Court’s jurisdiction, the Court may refrain from addressing it. As demonstrated in a recent California ruling issued in a divorce action, however, in some matters, consent need not be
Doppelt And Forney, APLC
California Court Examines Grounds for Awarding Sole Custody
In the San Diego Family Law Courts, the best interests of the child or children are always at the forefront of any child custody matter in the mind of the Judge per CA law. Thus, if a Court issues a ruling in a custody case that does not take into consideration what is best for…
California Court Explains How a History of Domestic Violence Affects Custody Rights
Domestic violence is a serious issue impacting many San Diego family cases. While all accusations of domestic violence should be taken seriously, they do not all have the same impact when it comes to the outcome of divorce and custody actions. The Courts will, generally, consider relatively recent evidence that a person engaged in domestic…
Court Explains California Law Regarding Child Support Obligations
Raising a child is a rewarding but costly endeavor that few people can afford to do alone. As such, if a couple with children divorces, the courts will often order one parent to pay child support to the other. Child support durations generally endure until children turn 18, but they can last longer in certain…
California Court Rejects Appeal in Child Support Case Due to Procedural Defects
When parents share custody of a child, they will often rely on the Courts to determine if one party owes the other child support and, if so, what amount of support is appropriate. If a party believes that a Court ruled improvidently with regard to a child support determination, they can file an appeal. They…
California Court Discusses Validity of Marital Settlement Agreements
Parties to divorce actions have the right to resolve disputed issues such as child support, spousal support, and property division without a Court’s involvement. Typically, they will memorialize their understanding via a settlement agreement. Such agreements are binding and will typically be upheld by the Court, regardless of whether a party subsequently attempts to challenge…
Grounds for Granting Temporary Spousal Support in California
It is not uncommon in divorce actions for one party to possess greater means than the other. While any marital property is subject to division upon divorce, while the divorce is pending, the lesser-monied spouse may suffer economic hardships. Thus, it is within the Court’s discretion to grant temporary spousal support in cases in which…
Child Support Determinations in California Family-Law Cases
In any family law case involving a child, the Courts must issue rulings that are in the child’s best interest. The best interest standard applies not only to matters in which child custody is at issue but also in cases in which child support obligations are being established or modified. If a Court fails to…
Characterization of Property in Divorce Actions Explained by California Court
Pursuant to California law, community property is divided equally between the parties in a divorce action, while separate assets remain the sole property of the owner spouse. Thus, it is critical that Courts characterize property accurately, and if a Court mischaracterizes an asset, the aggrieved party may have grounds for pursuing an appeal, as demonstrated…
California Court Analyzes Temporary Spousal Support in Divorce Actions
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