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Legal guardianship can grant an adult the authority to make crucial decisions for a child when the child needs care from someone other than their parent. The California Probate Code provides a formal court process to establish guardianship for a person under 18. In some cases, the California Superior Court will grant an adult legal and physical custody of the alleged minor or authority to manage the minor’s financial estate. Guardianship does not remove fundamental parental rights; rather, it only restricts parents' custodial...
Under California Family Code Section 760, community property refers to nearly all assets acquired by a married couple during the marriage while residing in California. Conversely, separate property...
California divorce mediation is a voluntary, confidential option in which a neutral third party, called a mediator, helps divorcing parties negotiate and develop a divorce settlement that both are...
A legal marriage is a state-sanctioned civil contract between two persons, which is entered into with the consent of both parties, a marriage license, and a formal ceremony conducted according to...
California Law created a new divorce and legal separation process with Senate Bill 1141, which took effect on January 1, 2024. Couples can now file together as “Co-Petitioners” on Judicial Council Form FL-101. This replaces the traditional “Petitioner versus Respondent” format, which often creates conflict and requires formal service of process. This is for couples who have already reached an agreement on significant issues such as child custody, child support, and property division. The Joint Petition is available at any...
When a marriage fails, and the couple agrees to end it amicably, they can benefit greatly from summary dissolution. This works only when the couple agrees to divorce privately and respectfully,...
Retroactive child and spousal support are calculated based on the amounts not paid over a specific period. Generally, courts calculate retroactive payments from the filing date to the date when a...
The California Superior Court can formally acknowledge a foreign family court judgment in a recognition proceeding. Once recognized, the court can grant the order legal effect and make it...
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