November 2023

DEBT AND LIABILITIES  

Who is Responsible for Debts?

Generally, like the division of assets, debts incurred during marriage are divided equally. Separate debts are normally those that are incurred prior to marriage or after the date of separation and are assigned to the debtor spouse. However, like the division of assets, the characterization of debt is not always clear and there are exceptions to the equal division rule. For example, if the community debt exceeds total community assets, the Court is permitted to assign more community debt to one spouse if it is more likely that they will be able to pay off the debt. Furthermore, determining the date of separation can be complicated, and has a significant effect on the assignment of debt. As such, having an experienced attorney assist you in defining the date of separation can have an enormous impact on the outcome of your case.  

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CHILD CUSTODY

Child custody is possibly the most litigated issue in all of family law. These disputes inherently are extremely emotional and oftentimes drawn out.  

There are two types of custody – legal and physical. Legal custody refers to the right to make decisions regarding health, education, and welfare of the child. Physical custody refers to how much time the child spends with the parent. Joint custody means both parents share the right and responsibility to make decisions relating to the health, education and welfare of the child. Generally, it is assumed that joint custody is in the best interest of the child unless there is good reason to recommend otherwise.  

When a parent is granted sole legal custody, only they can make decisions regarding where the child’s health care, schooling, and other important decisions. When one parent is granted sole physical custody, the child resides with that parent, and the other parent will usually be allowed parenting time, otherwise commonly called visitation.  

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STATUTORY RESIDENCE PREREQUISITES IN A MARRIAGE DISSOLUTION  

Divorce 

With few exceptions, a judgment of dissolution of marriage may not be entered unless one of the spouses has been a resident of the state of California for six months and resident of the county where the divorce is filed for three months prior to filing. You do not need to live with your spouse, or even live in the same county as your spouse to file for divorce. So long as one or both of you have resided in the county where the petition is filed for at least three months, the court can hear your case.  

Legal Separation  

If neither you nor your spouse meet the residency requirements to file for divorce in California, as an alternative, you can file a petition for legal separation. While a petition for legal separation does not terminate your marital status, legally it allows for the resolution of the same issues in a divorce. Additionally, once you meet the residency requirements, you can amend the petition and ask to terminate marital status. 

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