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Divorce | Annulment | Child
Support | Separation
Divorce
There are two types of divorce -
absolute and limited. An absolute divorce is a
judicial termination of a marriage based on marital
misconduct or other statutory cause arising after
the marriage ceremony. As a result of an absolute
divorce both parties' status becomes single again.
Several jurisdictions' statutes authorize limited
divorces; the consequences of limited divorces
vary from state to state. Typically, a limited
divorce is commonly referred to as a separation
decree; the right to cohabitation is terminated
but the marriage is undissolved and the status
of the parties is not altered.
Many states have enacted what is called no-fault
divorce statutes. This is a response to outdated
common law divorce which required proof in a court
of law by the divorcing party that the divorcee
had done one of several enumerated things as sufficient
grounds for the divorce. This entailed proving
that the spouse had committed adultery, or some
other unsavory act. No-fault divorce eliminates
this potentially embarrassing and undesirable
requirement by providing for the dissolution of
a marriage on a finding that the relationship
is no longer viable. It is hard to tell whether
no-fault divorce statutes are the cause or an
effect of the rising national divorce rate in
America. Look to various state laws for divorce
law information.
San Bernardino Divorce Lawyers
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Annulment
In a marriage annulment (also
known as “nullity of marriage”), the
presiding judge will make a decision as to whether
or not a marriage is legally valid. This action
can be filed by a married person to restore the
parties to the status of unmarried persons, as
if they were never married. Because irreconcilable
differences are not a reason enough for getting
an annulment, these type cases are different from
divorce cases.
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Child Support
Child support is the amount of money that the
court orders one parent to pay the other parent
every month for the support of the child (or children).
California has a guideline for figuring out how
much child support should be paid in all cases.
Child support payments are usually made until
children turn 18 (or 19 if they are still in high
school full time, living at home, and can't support
themselves). The court may also order that both
parents continue to support a disabled adult child
that is not self-supporting. In Los Angeles, custody
and visitation issues may
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Separation
Separation, in the law of domestic relations,
either a separation agreement, that is, a contract
entered into between husband and wife by which
they agree to live apart; or a judicial separation,
a court decree that separates the parties to the
marriage and provides for their living apart.
Separation does not dissolve the marriage relationship.
A separation agreement contains provisions for
the custody and support of minor children, as
well as for the division of property between the
parties.
Divorce Lawyers