Between tantrums and teenagers, it’s sometimes hard for parents to feel like they have control over anything their child does. However, while there’s only so much you can do to change the tides of an adolescent mood swing, in the legal sphere, your role as your child’s protector and provider actually comes with a lot of rights.
These powers are called “parental rights,” and they are inherent to the job title, which means that even if you get a divorce, your right to have a relationship with your child won’t expire.
Here’s what you need to know about parental rights in California, and how Maples Family Law can help make sure yours are protected.
What Are Parental Rights?
First off, let’s define exactly what we’re talking about, here.
In California, parental rights refer to the various powers and responsibilities that parents have to care for, and make decisions on behalf of their child.
This authority is inherent to your role as a parent, meaning it can’t be taken away from you, except by court order (which generally only happens under extreme circumstances, such as neglect, abuse, or family violence).
While married, neither spouse needs the permission of the other to exercise their parental authority. Instead, the court presumes that the decisions of one parent speaks for the mind of both, and that they are united in the direction of care for their child. Once you get divorce, however, all that changes.
What Happens to Parental Rights During Divorce?
Unlike marital rights, parental powers are not severed by divorce—after all, you don’t stop being a parent, just because you’re no longer a spouse. (The same logic applies to unmarried parents, whose parental authority isn’t invalidated by the fact that they aren’t married.)
That being said, just because these powers don’t disappear, doesn’t mean they’ll operate the same way on the other side of divorce.
When you file for divorce, that’s a pretty clear indication that you and your spouse are no longer on the same mental wavelength. And since the court can no longer assume that the decisions of one represents the mind of both, they’ll need to set parameters on how parental authority is used, and where your child will spend their time. In layman’s terms, we’re talking about a “custody battle.”
In a custody dispute, the court assigns parental rights by breaking them into two main categories: legal and physical. Each can then be distributed either to one spouse, individually (in “sole custody”), or to both, as a shared responsibility (“joint custody”).
Whether your child came to you biologically, or through adoption, these custody distinctions—as well as the various laws governing parental rights—remain the same.
Parental Rights and Adoption
Unlike a guardianship, adoption is permanent, and has far-reaching effects. This legal action completely alters a child’s family tree, reaching both forward and backwards through time, shifting the lines of inheritance to adopted parents, and requiring the child to have a new birth certificate.
In other words, once adoption is complete, it’s as though—for all intents and legal purposes—the child’s adopted parents were its only parents.
This means that adopted parents enjoy the same rights as their biological counterparts—in the eyes of the law, there is no difference. Once finalized, adopted parents may claim the full mantle of parental rights and responsibilities.
Parental Rights for Unmarried Parents
When a child is born into a marriage, California courts presume that the baby is the biological offspring of the mother and father in that marriage. A baby’s parentage can also be assumed if the parents have been living together, but aren’t married.
What happens, though, if the parents aren’t married, or if the baby is fathered by a man who isn’t the mother’s husband?
Technically, parental powers should apply, regardless of your marital status. However, because they aren’t married, California’s presumption of parenthood can’t be applied the same way, and this can cause some unique hurdles—particularly for unwed fathers.
How the Court Views Unwed Mothers
Once her child is born, an unwed mother automatically assumes parental power.
This is because, well, let’s be real, here: birth is a pretty hard thing to fake. It’s not something that leaves a lot of doubt on who the biological parent is, and hence, this half of the parental rights duo is easy to legally assign.
Unless someone is challenging her ability to care for the child, an unwed mother receives full custodial power and parental authority upon the birth of her child—no legal hoops necessary.
How the Court Views Unwed Fathers
Due to nature’s biological constraints, it’s a lot harder to verify an unwed father’s claims to parenthood than a mother’s. That’s why in California, unwed fathers are not automatically given parental rights when a child is born.
According to California family law, unwed fathers are not considered a child’s legal parent until they establish paternity—regardless of whether or not they are in a relationship with the child’s mother, or even if they are listed on the child’s birth certificate.
Unless the father has actually been living with the mother for a significant amount of time prior to the child’s birth, he must establish paternity before he can assume parental authority. Until he does so, he will not be able to make decisions on behalf of the child, or have any right to custody, including visitation.
To have both mother and father sign a “Voluntary Declaration of Paternity” form; or,
Pursue a paternity action in court.
Naturally, the most headache-free option of these two, is to simply sign and submit the paternity form.
However, if the mother refuses to acknowledge paternity—or, conversely, if a father, himself, refuses to take responsibility for his child’s welfare—then either father or mother will need to file an action in court, before rights and responsibilities can either be claimed or assigned.
A court paternity action can be filed by any of the following:
The child’s mother;
Any man claiming to be the father;
Any man that could possibly be the father;
A child support agency; or,
An adoption agency.
Usually when a paternity case is brought before the court, a judge will require both the baby and its potential father to submit material for genetic testing. These tests are much less invasive, once a baby is born, which is why courts almost never require in utero genetic tests.
Once the baby’s parentage has been established, the court will then assign each parent their various rights and responsibilities, including child support, custody, visitation, and health insurance.
If the male in question refuses to cooperate with genetic tests, the court is permitted to take this as evidence that he is the father, and may assign him parental responsibilities, anyway.
Same Sex Parental Rights
Over recent decades, California has set itself apart as being one of the most progressive states, in terms of protecting the rights of same sex couples, spouses, and parents.
Because of these efforts, same sex parents in California now enjoy the same parental rights as those of a hetero couple, with other anti-discrimination laws in place to protect them from unfair prejudice in court. California has even enacted legislation that allows more than two parents to retain parental rights, which can help a same sex parent retain custody, upon divorce.
Even still, same sex couples continue to face discrimination when it comes to child custody. Hence, the best way to ensure that both have indisputable custodial rights over their child, is for each to simply adopt, right from the onset.
If you have more concerns about how parental rights apply to same sex custody situations, it’s best to speak to a family law attorney about your unique situation.
Parental Rights Attorneys in California
At Maples, we know that nothing is more important to you than your child. You care about their emotional and physical wellbeing, and worry that you won’t be able to see them, after your divorce. As parents, ourselves, we understand these concerns, which is why we hope you’ll trust us to help protect this precious relationship.
If you have more questions about parental rights in California, and how divorce might affect your family dynamics, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help protect the best interest of your child.
As a parent, one of the most difficult aspects of divorce is suddenly having to share time with your child. This can be particularly excruciating, if you are a non-custodial parent, who no longer gets to live under the same roof as your child.
As a non-custodial parent, daily communication used to be something you didn’t think about. Nowadays, building a relationship with your child is contingent on being able to maintain a meaningful visitation schedule, which can be difficult, even in the best of circumstances. (Impossible, under the worst—thanks for that, COVID.) And this is before you even consider the unique challenges that families with international custody, traveling careers, and military obligations face.
Lucky for us, we live a time of unprecedented technology, where communication is no longer limited to in-person contact. In certain situations, these virtual tools can be incorporated into your custody agreement, to help supplement your parenting time.
What is Virtual Visitation?
In order to understand exactly what virtual visitation is, it’s important to first have at least a basic understanding of how California courts handle custody.
Custody refers to the broad range of parental rights and responsibilities that have to be divided when parents get a divorce. To this end, the court can divide custody by either giving all the power to one parent (sole custody), or making them share (joint custody). Since it’s nearly impossible to split a child’s time exactly fifty-fifty, the court will then typically make one spouse the child’s primary residence, while the other is awarded ample visitation.
Visitation, then, is essentially all that time a non-custodial parent gets to spend with their child. And for a really long time, that’s all it was: in person contact. Visitation either happened physically, or it didn’t happen at all.
Luckily, the past decades have moved us well beyond our Neanderthal ways, and when it comes to visitation, non-custodial parents are no longer quite so constrained by physical limitations. With a huge variety of technological advances at our fingertips, the parent/child relationship can be strengthened virtually, as well.
Hence, virtual visitation is defined as any parent/child contact that is facilitated through the use of technology.
Examples of Virtual Visitation
Virtual visitation’s broad definition encompasses a wide range of platforms and tools, and isn’t limited to just phone calls. Instead, parents have a wide variety of options, including:
Phone calls and text messaging;
Data plan facetime;
Webcams and online video chats;
Email and instant messaging;
Online gaming;
Private document sharing sites, such as Dropbox and Google Drive;
Photo sharing sites, such as Shutterfly, Flickr, and Picasa; and,
Social media posts, personal messaging, and sharing, through platforms like Facebook, Twitter, Snapchat, and TikTok.
With virtual visitation, a parent can help with homework, read a bedtime story, share the excitement of a special achievement, “attend” a performance, and offer emotional support, even if they can’t be there in person.
Virtual Visitation Laws in California
Virtual visitation is still a relatively new concept, and there are currently only a few states with official legislation that address it, including Utah, Texas, Wisconsin, Illinois, North Carolina, and Florida. As you can see, California isn’t one of them, but in our ever-expanding world of global interaction, it may be only a matter of time.
That being said, whatever your judge includes in your custody order is enforceable by law—including any kind of electronic communication. California courts routinely include virtual visitation as a part of custody orders, and the failure of either party to uphold these important terms can result in fines, a loss of custody, and in some situations, contempt of court.
During divorce or custody modification, parents can either mutually agree to include virtual visitation in their parenting plan, or else request that the court include it in the final order. In these situations, your judge would assess your circumstances to see if electronic communication is a viable option for your family.
When Does the Court Allow Virtual Visitation?
The 2020 COVID pandemic threw the world into the kind of crisis most people probably never even thought to consider, let alone worry about. As lockdowns, travel bans and mandatory quarantines forced global markets to a halt, California legislators were forced to weigh the risk of spreading the disease against the need for visitation.
This crisis resulted in a sudden, unexpected reliance on virtual visitation, which most divorced families took part of in some way. However, long before COVID became a household word, electronic communication was already being used by California courts to supplement in-person visits.
Virtual visitation is particularly useful for cases involving international custody, military custody, move away requests, and even extended business trips, for parents whose careers require frequent travel.
Guidelines for Virtual Visitation
Since electronic communication isn’t officially part of California family law, judges don’t have a specific set of criteria or formula they can apply to these situations.
Instead, the court analyzes what would be in the child’s best interest, and loosely considers whether parents:
Will permit and encourage their child to engage in virtual visits;
Have the tools to facilitate their child’s visits;
Are capable of carving out the necessary time; and, of course,
Whether each has the emotional bandwidth to allow their child to have uncensored communication with the other.
The court is unlikely to grant e-communication in situations of abuse or domestic violence, or when supervised visitation is required. And, as a whole, virtual visitation is most successful for parents who can set aside differences and work harmoniously with one another.
All that aside, if the COVID pandemic has taught us anything, it’s that while virtual visitation can be a vital tool in certain situations, it’s certainly no replacement for in-person contact.
The Drawbacks of Virtual Visitation
For parents who are limited by time, distance, or obligation, virtual visitation opens up an array of opportunities for them to maintain contact with their child. However, this technology has also drawn criticism from those who argue that e-communication is a poor substitute for in person face time.
Some of the arguments against virtual visitation include:
The negative impact of too much screen time on a child;
The burden it could place on a child’s already busy schedule;
The burden it places on a parent’s time and resource; and,
The ineffective, two-dimensional nature of e-communication (for instance, how easy it is to misread context and tone).
As California legislators consider whether or not to standardize virtual visitation in family law, they’ll need to examine some of these legitimate drawbacks, and analyze whether these technologies hinder—rather than actually help—parents and children foster deep, meaningful relationships.
They are also drawbacks that you should discuss with your family law attorney, if you and your spouse are considering making virtual visitation a part of your parenting plan.
Virtual Visitation Attorneys in California
If you have more questions about virtual visitation, and whether it’s appropriate for your situation, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help you figure out the visitation arrangement that will work best for your family.
Some of the most common concerns for divorcing parents revolve around child support—specifically who will be required to pay, and how much.
Unfortunately, since child support isn’t standardized, those questions don’t have easy answers. Instead, California child support payments are determined using an equation that factors each parent’s finances against the amount of time they spent parenting.
Here’s a little bit more about how child support is calculated in California, and how the team at Maples Family Law can help estimate what you’ll likely pay.
Child Support Overview
In California, child support can be defined as: money that one parent pays to the other for the purpose of supporting their child.
The need for these payments comes up most often during divorce and separation, however, it can also be applicable to unmarried parents in need of a structured parenting plan.
Child support amounts vary from family to family, and will ultimately be determined by your judge, in conjunction with state guidelines. Payments are almost always made by the non-custodial parent to the custodial one, and will be heavily influenced by the division of time outlined in your custody and visitation agreement.
The rules governing these calculations are laid out in the California Child Support Guidelines.
California Child Support Guidelines
In California, both parents have the obligation to support their child, according to their station and means—a burden they share in equal measure.
To help parents meet these obligations, the California Child Support Guidelines were structured with a twofold purpose:
To lay out a clear-cut, minimum level of support required for one child; and,
To make support calculations uniform across the board, regardless of income level.
By structuring the rules this way, California takes much of the guesswork and subjectivity out of child support, lessening the variability between cases, and making amounts (relatively) easier to determine, overall.
While judges do have the power to alter or adjust the final amount produced by the child support equation, they can only do so under certain, specific circumstances—all of which are also outlined and governed by state guidelines.
Calculating Child Support: Income and Custody
To calculate support payments, California courts use a complex equation that relies heavily on the interplay between the parents’ respective finances, and the amount of time each will spend with their child.
This requires you to know both your net disposable income, as well as your parenting timeshare percentage (as outlined by your custody agreement).
Net Disposable Income
A person’s net disposable income is calculated by taking their gross income, and adjusting that number for deductions. To do this, you will need the numbers for:
Your gross annual income (which is your pay before deductions);
All income tax deductions;
All payroll deductions (such as health care, union dues, and pensions); as well as,
Any childcare costs you have incurred.
Keep in mind you will need both your own net disposable income, as well as the combined numbers for both you and your spouse.
Custody Agreement
The other important element that’s critical to California’s child support equation, is your parenting timeshare percentages.
In California, it’s typical for the non-custodial parent to make support payments to the primary resident parent. This is because the primary resident parent (or “custodial parent”) is usually incurring higher costs by having the child live with them, full time. How much time, however, is critical to determining child support amounts.
As a general rule, the less time you spend with your child, the more child support you’re likely to pay.
Parenting time is something that you can decide on together, outside of court, through alternative resolution methods such as mediation. If you are unable to agree, however, a judge will decide on custody arrangements as part of your divorce.
The California Child Support Equation
Once you have the necessary financial and parenting time information, your child support can be calculated using this equation:
CS = K [HN – (H%)(TN)]
While this might look a bit scary, once you know which letters stand for what, things start to make a little more sense:
CS—child support.
K—the total amount of both parents’ income that will be devoted to child support. (A number that is based on evaluating how much each parent earns against the percentage of time each spends with their child.)
HN—which stands for “high net,” and represents the spouse with the highest net disposable income.
H%—the percentage of time that the high net parent spends with their child.
TN—the combined disposable income of both parents.
So, to put it a little more simply, child support (CS), equals (K). And to find out (K), you:
Take the high earner’s percent of parenting time (H%), and multiply it by your combined disposable income (TN). Then,
Subtract that number from the total disposal income of the high net earner (HN).
As you can see, even simplified, this is a pretty complicated process. (Which is usually why even the best of attorneys and judges take full advantage of the state’s child support calculator!)
Special Adjustments
According to the California Family Code, judges are allowed to adjust the final amount of your equation under certain circumstances, such as when:
You’ve both agreed to a different arrangement (and the judge deems it appropriate);
One parent has an extraordinarily high income, which (when plugged into the equation), results in an amount that far exceeds the child’s needs;
The amounts would be unjust (as determined by the judge);
Your parenting times are nearly equal, but there’s a significant disparity in wealth;
One parent is spending a lot more in housing for the child than the other;
The child has special needs or medicine; and,
Situations where the child has more than two parents.
Judges are also allowed to account for “add-on” costs, which include expenses incurred for:
Child care costs related to employment, education, or training for employment;
Uninsured health care expenses for the child;
Costs related to a child’s education or other special needs; as well as,
Travel expenses for visitation.
Finally, we should mention that the results of the above equation are only accurate if you have one child. For parents with multiples, further adjustments will need to be made based on the number of children you have, as well as how much time each parent spends with each, individual child.
For help navigating this confusing minefield, it’s best to talk to an experienced family law attorney, who can also ensure you get the most accurate estimates.
Child Support Attorneys in California
At Maples Family Law, we understand the unique challenges parents face when getting divorced, and want to do everything possible to help give your child the bright future they deserve.
If you have more questions about how child support is calculated in California, and what that might look like in your situation, we want to hear from you. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let us ensure your child’s best interests are met.
For worried parents, one of the most stressful aspects of divorce is how it will affect your child—especially in terms of custody. With your child’s well-being on the line, you want to be certain that the lawyer handling your case will fight for their best interest as passionately as you would.
At Maples Family law, we understand these concerns, and want to do everything possible to help you feel comfortable with the child custody process.
Here are some of the most commonly asked questions about child custody lawyers in California, and how our team can help you.
What is Custody?
First off, child custody is a broad label that refers to the rights and responsibilities associated with parenthood. In California, these custodial powers are divided into two main groups:
Legal Custody—the right to make decisions on behalf of a child and to choose how they will be raised; and,
Physical Custody—the right and responsibility to have a child physically present, and to care for their needs.
When parents get a divorce, these powers and duties must be shared and/or divided between spouses. To this end, judges can order the couple either to share responsibilities in joint custody, or, give only one parent this authority in sole custody.
How these parental rights are divided in your case will depend on an analysis of a number of individualized factors.
Can I Sue for Custody?
The answer to this question depends largely on what your relationship is to the child, and where you’re at in the family law process.
Parents, for example, inherently have rights to access, possession, and control over their child. However, if a parent has to ask about suing for custody, this probably means they’ve had their rights revoked or limited at some point. If this is the case, that parent would need to petition the court to have their current order amended, before custody could be reinstated.
If you are a parent getting divorced, custody will automatically be decided as a part of your parenting plan, and incorporated into your final order. There is no need to file a separate suit.
In California, grandparents do not have the same inherent rights to custody as a child’s parents. However, there are some situations where grandparents can sue for visitation, custody, or even adoption. Usually these cases arise due to parental neglect or abuse.
Should I Hire a Lawyer for Child Custody?
Yes. Whether you are getting divorced, or suing for custody in another capacity, it is always better to have an attorney, then not.
Family law is complicated and nuanced, and child custody is no exception. Without an attorney, you have a much greater chance of making expensive and irreversible mistakes—some of which could end up costing you your relationship with your child.
In the end, hiring an attorney is well worth the added expense to make sure your interests are being properly represented.
What if I Can’t Afford an Attorney for Child Custody?
If finances are tight, check with your local legal aid office, andexplore what resources are available to you there. The State Bar Association strongly encourages California attorneys to devote a portion of their time to pro bono services each year, so you may be able to find a quality attorney, at no cost.
Also, consider whether or not you even need an attorney. While it’s always better to have one, you might be able to forego representation under certain circumstances, especially if your spouse is not using representation, either.
If this is the case, consider trying to solve your differences out of court. Mediation, for example, does not require parties to have a lawyer present in order to reach a settlement agreement.
What Do Judges Look at When Deciding Custody?
The governing standard for any case involving children is the best interest of the child. Under this presumption, all outcomes are evaluated based on what will satisfy the child’s long-term health and happiness the best.
That being said, California courts strongly assume that a child’s best interest is served when allowed to cultivate a loving relationship with both parents. Hence—baring extreme circumstances, such as abuse or neglect—judges are likely to grant parents joint custody in most cases.
Factors your judge might consider when making this decision include:
The emotional and mental stability of both parents;
Home life in each household;
A parent’s ability to care for the child;
Any criminal behavior;
Potential harm that could befall a child; and even,
The child’s preference (especially if the child is over twelve).
Ultimately, however, every decision will come down to what is in the child’s best interest.
Who is Most Likely to Win a Custody Battle?
In California, it’s common for courts to split legal custody fifty-fifty between spouses. In these situations, both parents would have an equal say in how their child was raised, as well as the right to make decisions on behalf of their child (such education, medical procedures, and religious exposure). Physical custody, however, is another matter.
Since it’s so difficult to split a child’s physical time exactly equal, judges will often appoint one parent to be the child’s primary residence, while the other gets ample visitation. Statically speaking, mothers are more likely to be appointed the custodial parent, however this is not always the case.
With same sex marriage now legal, as well as a greater overall emphasis on protecting paternal rights, the role of custodial parent is no longer assumed. In the modern California courtroom, there is no room for gender roles, and every custodial decision is made based on the child’s best interest, alone.
How Can a Father Win a Custody Battle?
A father becomes their child’s custodial parent the same way a mother does: by being in the child’s best interest.
This analysis does not include gender stereotypes. Instead, the court simply wants to know which parent is most likely to:
Provide the best home environment;
Devote time and attention to their child;
Offer continuity and stability;
Meet the child’s physical, mental, and emotional needs; and,
Cultivate a relationship between the child and the child’s other parent.
If you are a father who is interested in becoming your child’s primary custodian, you should discuss it with your attorney, who can help you develop the rights strategy, moving forward.
Can You Lose Custody Because of Mental Illness?
The short answer is: no. The reality is: maybe.
While the presence of a mental illness, itself, does not affect custody, sometimes the type and severity of the illness can. For example, if symptoms are so severe that they inhibit a parent’s ability to address basic needs, or to provide a safe home environment, these things would certainly impact a judge’s decision. However, on its own, the diagnosis is not a deterrent.
California Child Custody Lawyers
If you have more questions about child custody lawyers in California, and how the team at Maples Family Law can help you, call us at (209) 989-4425, or get in touch online, and together, we can ensure that your child’s best interests are being met.
If you’ve never experienced it before, divorce can be an intimidating process. Between filing the correct forms, locating documents, and keeping track of deadlines, there’s a lot to remember, and, without help, the journey can quickly become overwhelming.
To help you out, this article will walk you through the basic steps of how to get a divorce in California, and how the lawyers at Maples Family Law can make this process easier for you.
Residency Requirements
If you want a divorce, one of the first things you’ll need to do is make sure you meet the residency requirements at both the state and county levels.
In order to file in California, you will need to have lived in the state for at least 6 months. For residents of San Joaquin county, the requirement is three.
If you’ve fallen short in either of these categories, you don’t need to worry. There is a lot of busy work that needs to happen before you file, anyway. While you wait, discuss your situation with a family law attorney, who can make sure you have all the necessary information on hand to hit the ground rolling.
Important Dates
Regardless of what documents are required for your, individual case, two important dates you will certainly need are your: 1) date of marriage; and, 2) date of separation.
These dates are important, because they’re used to help determine your interests in marital property.
California is a community property state. This means that all assets acquired after marriage belong to both of you equally—regardless of whose name is on the paycheck, account, or card. Unless you have a valid prenup saying otherwise, this shared interest continues up until the time of separation.
Determining your date of separation is much simpler, if you and your spouse had a legal separation. Those couples who didn’t make separation official will need to comb through emails, texts, and other informal documents to prove this date to a judge.
Immediate Orders
Another thing to consider before filing, is whether or not you’ll need a temporary order.
Temporary orders are provisional (meaning, they have a set expiration date), and can be used to prohibit certain behaviors or dictate responsibilities while your divorce is pending.
These can be tailored to meet your individual needs, but are often used to:
Outline living arrangements and the bill-paying responsibilities of each spouse.
Temporary orders can be especially useful for those who might be worried about spousal retaliation. In these scenarios, a temporary order can prohibit your spouse from emptying bank accounts, destroying property, and fleeing across state lines with your children.
If you are experiencing abuse or domestic violence of any kind, remember that keeping yourself and your children safe is paramount to everything else.
File Documents
After your paperwork is complete, you will need to take your documents to your local family court to file them, and to pay the associated fees. In California, the filing fee for an original petition of divorce is $435.
If you are trying to execute a D.I.Y. divorce, this fee will be your responsibility. Those who utilize an attorney, however, do not need to worry about these technicalities. When you hire a lawyer, they are in charge of making sure all the necessary paperwork is filed on time, and that fees are paid (the amounts of which will be deducted from your retainer).
Serve Your Spouse
Once divorce has been initiated, the next step is to notify your spouse—and this cannot be done with a simple phone call or text message. Proper notification (or “service,” as is the legal term), is done by giving physical copies of all paperwork to your spouse, in person.
As a party to the case, however, you are not allowed to serve divorce papers on your spouse. Other than that, though, the requirements are pretty open, meaning it’s usually not necessary to hire a professional process server.
For service to be proper in California, your server must be:
Deliver the Proof of Service to you, so that your attorney can file it with the court.
Failing to complete proper service could put your case in danger of dismissal.
If you are unable to meet the sixty-day timeframe, your attorney can request more time. This extension is often needed by spouses who have been abandoned, and don’t know how to locate their partner. In these situations, the court will sometimes make an exception to in-person delivery, and allow you to utilize another method of service.
Waiting for a Response
Assuming you have executed proper service, your spouse will then have thirty days to respond to your petition. To this end, their options are:
True Default—do nothing, by not engaging or responding to your petition at all;
Uncontested Divorce—do nothing, because you already have a written, notarized agreement outlining your terms;
Respond in Agreement—file a response with the court, confirming agreement with your proposed terms; or,
Respond in Disagreement—file a response with the court contesting your proposed terms.
It is almost never a good idea to allow your case to default—even if you do not want the divorce to happen. Refusing to engage will not stall out proceedings. Instead, the court will simply grant the divorce as though you had agreed to all the terms.
Needless to say, this is almost never in your best interest.
During this thirty-day period, you and your spouse are also free to work out a settlement—either between yourselves, or through mediation. If successful, you can submit a marital settlement agreement with the court, which will then become your official divorce order.
When Issues Can’t Be Resolved
Those who are unable to reach an agreement must engage in litigation.
Divorce litigation is a traditional court trial, where both sides are represented by an attorney, evidence is presented, and the issues are decided by a judge. Litigation is by far the most expensive, time-consuming, and least flexible way to secure a divorce. So it’s usually a good idea to at least try to settle, before proceeding to trial.
Single Status
If you are planning to remarry after your divorce, keep in mind that in California, you are not considered to have reached “single status” until six months and one day from the time of service.
If your divorce has not been finalized within this time, you can file a Single Status Affidavit with the court, which will allow you to proceed, in lieu of a final judgment.
Naturally, you are not automatically divorced, just because six months have passed. In all cases, you will still need to either resolve issues amicably with your spouse, or through the court.
Divorce Lawyers in California
Divorce isn’t simple, which is why so many people choose to hire personal representation. Armed with education and experience, an attorney can guide you around major pitfalls, handle tedious paperwork, and ensure your best interests are being protected at all times. Freeing up your mental energy, so that you can channel it where it’s needed most: your family.
If you have more questions about Divorce in California, and how this process might apply to your situation, we want to hear from you. Call us at (209) 989-4425, or get in touch online, and let the team at Maples Family Law help make this process a little easier for you.
Unfortunately, it seems as though the people we love most are usually the ones who end up hurting us the worst. In a family setting, emotional hurt generally makes up the bulk of this pain. However, in the wrong circumstances, the vulnerability of family relationships can easily be twisted, leading to things like domestic violence, abuse, and other serious crimes.
Because of this, family law often shares real estate with criminal law—despite the fact that they technically fall under different court systems. Here, we will discuss some of those crossover situations, and when you might want to include a San Joaquin criminal defense lawyer in your family law case.
Civil and Criminal Crossover Cases
Most of the time, family law matters fall under the civil court system. In civil court, individuals bring suits against each other, and usually arise over things like divorce, property disputes, torts, and contractual obligations. This is different from criminal court, where the government (either state or federal) brings a case against a citizen, directly.
For example, take domestic violence. While it is a family law issue (and thus, subject to civil court), as a crime protected by California’s domestic violence laws, these actions are also subject to criminal ramifications. Here, the government would not need your permission to press its own charges. Once a case has been filed, the government—as an entity—can choose whether or not it wants to pursue other penalties—regardless of how you feel about the matter. Thus, in these situations, a perpetrator could end up facing consequences in both civil and criminal courts.
As family law attorneys, here are some of the most common crossover cases we see between family and criminal law.
Domestic Violence
Domestic violence is defined by harm caused inside of an intimate relationship, and it is one of the most frequent crossovers to come up family court. While most people think of harm as hitting, bruising, and breaking bones, domestic violence actually extends beyond that. Harassing, stalking, threatening, destroying property, making threats—even if they are against another person, and not to you, personally—are all behaviors that fall under the domestic violence umbrella.
In addition to whatever civil court consequences can be earned here (such as divorce orders, damages, and possible alterations to child custody and visitation), the state might also choose to press charges. Depending on the facts, domestic violence can either be classified as a misdemeanor or a felony. Perpetrators could be fined, charged with probation, earn jail time, and even end up in a state prison.
Sexual Abuse
In addition to general provisions regarding sexual assault and rape, California’s penal code specifically mentions spousal rape—because being married doesn’t mean you get to have sex whenever you want. Consent is still critical. Thus, individuals convicted of spousal rape could face the better part of a decade behind bars, pay steep fines, and end up as a registered sex offender for life. Other types of sexual abuse (such as nonconsensual groping, oral, or other touching using threats, force, or harm) can also trigger a crossover cases between family and criminal courts.
The penal code further clarifies that community property cannot be used to assuage liability under these charges. So basically, even if your ex tries to bribe you, by offering a favorable property split in your divorce if you drop the charges, this wouldn’t eliminate whatever penalties are coming from the state in criminal court.
Child Abuse
Other common crossover cases involve children, where abuse, endangerment, neglect, and abandonment are most likely to surface. Typically, California courts do not look kindly on individuals who have committed these crimes, and can levy a sentence of up to six years in state prison, if convicted.
A person who has:
Intentionally hurt a child;
Leaving visible injury; whose actions were,
Outside normal disciplinary actions,
Would likely be guilty of child abuse. In California, spanking your child is legal, however since there’s a lot of interpretation involved in this, if your discipline has been called into question, it’s best to discuss options with your San Joaquin criminal defense lawyer as soon as possible.
Juvenile Criminal Cases
Because children haven’t yet reached the age of majority, most juvenile cases are handled outside the general criminal system reserved for adults. Baring unusual circumstances, juvenile crimes are treated more like civil offenses, or rather “family,” matters, and are exempt from the full force of California’s criminal code. In a juvenile criminal case, the parents are expected to appear in court with their child, and can even be fined on behalf of their child’s behavior.
For these reasons, many family law attorneys also cover a range of juvenile criminal cases.
False Allegations of Abuse
On the other hand, it’s possible you are on the receiving end of abuse allegations. California is a no-fault divorce state, meaning that fault (including abuse) cannot be factored into things like property division. However, that doesn’t mean it wouldn’t affect your divorce at all. Especially if children are involved.
In California, every decision involving a child is analyzed based on the best interest of the child. Naturally, placing a child with an abusive parent would not be in their best interest, and so, abuse allegations—even false ones—could certainly damage a potential custody and visitation schedule in your divorce.
Because the state takes child abuse so seriously, if your spouse has falsely accused you of abuse in order to influence a custody order, it’s critical you notify your San Joaquin criminal defense lawyer as soon as possible.
San Joaquin Criminal Defense Lawyers
While family and criminal law operate under two different systems, because of the emotionally charged nature of families, the two often go hand in hand. If your family law issue has turned ugly, and you believe you need the assistance of a San Joaquin criminal defense lawyer, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today. Most of the time, your situation can be handled in house by our competent team of experienced family law attorneys. However, if needed, we can refer your case to other, highly qualified criminal defense lawyers.
With so many different types of plans and variables at play, dividing retirement assets in a divorce can be complicated. Especially if they existed both before and during a marriage, dashing any hopes of a clear property classification. However, considering their sizable worth, retirement accounts are one aspect of property division you don’t want to get wrong.
Fortunately, a good Stockton divorce attorney can help you get the job done without too much hassle.
Identifying Retirement Assets in a Divorce: Community or Separate Property?
When splitting a retirement plan, the first step is to identify what kind of property the account is. Like all other assets acquired by a couple during marriage, retirement funds are subject to property classification and division under California’s community property laws. Under these rules, assets are categorized as either “community” (property that belongs to both spouses equally), or “separate” (property that belong to one spouse, individually).
To classify the contents of a retirement account, timing is key. If either spouse contributed to the account while married, it is most likely community property (unless specifically addressed in a valid prenuptial agreement.) On the other hand, if the account was created before marriage—and was not added to during that time—it’s most likely separate property, and belongs solely to the participant spouse (the party who earned the benefit).
Most of the time, however, property isn’t as clear cut as “before” and “after” marriage. And when the ‘what’s mine is yours’ mentality results in blending separate and community property together, retirement division can get a little more complicated.
Dividing Retirement Assets in a Divorce
If the retirement account is classified as community property, a judge will split ownership based on the length of time the couple was married, and how this occurs will vary by circumstance. In some cases, both spouses agree to keep their own pensions and retirement accounts without taking any part of the other spouse’s. However, when one spouse doesn’t have a retirement account – or when one has a much smaller retirement asset than the other does – a judge will order the couple to split these funds another way. There are two common ways this can be accomplished.
The first, is to suspend all retirement payouts until the participating spouse actually retires. Once retirement finally rolls around, each spouse will get their share of the retirement payout for the time married. The second method, is to allow the participating spouse to keep all benefits of the retirement plan, and to offset this inequality by awarding the non-participating spouse a greater portion of community assets.
Obviously, each method of distribution comes with its own pros, cons, and risks. When assessing how to make this split, couples are always free to reach their own agreement, rather than fighting in court. One way to do this, is through mediation.
Divorce Mediation
Mediation is a non-binding negotiation process, where couples meet with a neutral third party, and try to come to an agreement on their own. This method of dispute resolution is far simpler and more cost-effective than litigation. It also gives individuals greater flexibility in determining the outcome of their own divorce terms, including the division of any retirement plans. For these reasons, a good attorney will always suggest that you try mediation before going to court.
Retirement Payout After Divorce
Once an agreement has been reached—either through mediation, or by litigation—the actual payout process will depend on what type of retirement plan you have.
For example, when dealing with a military retirement account, the length of your marriage will determine whether the participant pays out the alternate payee, or if the money will come directly from the Defense Finance and Accounting Service.
In other cases, individuals must file a qualified domestic relations order, or QDRO. A QDRO is a special court order authorizing a non-participant individual to receive a payout from a retirement account. Once a QDRO is filed, payout usually takes between 60 and 90 days, depending on how long it takes the plan’s administrator to process the documents.
These types of details—such as how payout works and how long it takes to receive—will vary for each type of retirement account. Once your Stockton divorce attorney has all the facts of your case, they will be able to give you more specific guidance on what to expect from your retirement payout process.
Retirement Plans Covered by a Prenup
Now days, it’s common for divorcing couples in California to have prenuptial agreements. These pre-marital contracts can cover all kinds of things about property division during divorce. In your prenup, you and your spouse may have agreed to several things, including the rights and obligations you each have when it comes to property (even if it was acquired during your marriage).
If a retirement account was included in your prenuptial agreement, it’s a good idea to talk to your attorney about it. The prenup can’t be grossly unfair, and if it is, your Stockton divorce attorney can help argue that all or part of the agreement is invalid.
Divorce Attorneys in California
If you have questions about dividing retirement assets in a divorce, we’re here to help. Call us at 209-546-6870 to schedule a consultation with an experienced divorce and pension attorney. Together, we’ll answer your questions, and begin building a strategy that will get you the best possible outcome in your retirement plan division.
Parents have a legal responsibility to provide for their children, and these duties do not cease to exist just because your marriage dissolves. For couples with children, one of the most critical aspects of a divorce proceeding, is establishing an order of custody and financial support for that child. By putting the specifics of these obligations in writing, California courts ensure that both parents are held fiscally responsible for the upbringing of their offspring.
But what, exactly, this child support looks like, in terms of dollars and cents, will be different for every divorce. Just as no two couples are the same, so are no two divorces. When determining the amount of child support, courts use a specific set of guidelines, which will produce an individualized plan that caters to each family’s unique needs.
Here’s a brief run-down of those considerations, and what you can expect your final California child support order to look like.
Child Support in California
Any time a child is under the care of one parent, that parent is responsible for meeting the costs of their child’s basic, daily needs. But—as is often the case in custody arrangements—the custodial time allotted to each parent is rarely equal. The far more common scenario, is when one parent bears the most physical responsibility for the child, while the other parent has only partial physical custody. Child support, then, is meant to compensate for situations where this custodial care is unequal. Usually, the difference is made up by the non-custodial parent, however, in some situations, a judge might order both parents to pay.
As a general rule, parents have very little say over how much, and who will be required to make these payments, but according to California law(and just about everywhere else in the country, for that matter), this support is mandatory.
Calculating Child Support in California
When constructing a child support order in California, judges will typically follow California’s child support guidelines. Under this process, a number of independent factors are evaluated, however, the three biggest elements that impact the end result, are:
The number of children that qualify for support;
How much time each parent has with their children (or rather, the amount of physical custodial time each parent has); and,
Each parent’s disposable income.
Element three is the trickiest factor to figure, since it requires the most number crunching. To make things easier, California courts have devised a simple equation:
Gross Annual Income – Mandatory Deductions ÷ Twelve = Net Disposable Income
Gross annual income comprises of earnings from all sources, including regular salary, bonuses, commissions, rental income, pensions, and royalties. It can also encompass benefits from a business ownership, and even monies obtained from self-employment benefits.
Mandatory deductions required by law, on the other hand, would comprise of any tax obligations, job expenses, health insurance premiums, and other hardships (such as child support owed to a previous relationship, or health expenses).
After dividing the end result by twelve, the court is left with a pretty good idea of what each individual’s net disposable income is each month. Armed with this information, a judge can then attribute a percentage of that number toward child support, based on the amount of physical custodial time each parent spends with their child.
Other Factors Influencing Child Support
While the formula for determining child support in California might sound fairly scientific, there are still some considerations which could influence the final figure. If the mathematical outcome of these calculations isn’t “fair or reasonable,” judges have the power to alter the amount—higher or lower—at their discretion. Some of the circumstances that might prompt them to do so would be if:
A parent’s extraordinarily high income exceeds a child’s needs;
The contribution doesn’t match the custodial deficit;
Both parents spend roughly equal time with the child, but one pays more in housing; and,
Any child care costs, health expenses, or special needs that aren’t accounted for under the usual formula.
To get an idea of what your child support payments might be, based on California’s guidelines, try using this child support calculator. However, understand that these figures are just estimates, and in the end, the final amount will be up to the judge.
Appropriate Uses of Child Support
A common misconception assumes that child support in California is meant to cover only the bare necessities, and this is far from the truth. While child support money is certainly meant to put clothes on the kid’s back and food in their belly, courts expect these monies to be used for more than just essential survival. (Because let’s be honest, when it comes to kids, the term “needs” is fluid, and basically amounts to a bottomless pit). That being said, other legitimate expenditures might include education, health insurance and medical bills, childcare, transportation, extra-curricular activities, and, yes, even entertainment. A parent might also spend child support on things like heating, electricity, and internet, since these bills all address a child’s needs and expectations.
Unless basic needs aren’t being met, the custodial parent isn’t required to make an accounting of how child support is being used—and this standard probably won’t change. Not only are the costs of raising a child enormous and sometimes difficult to track, but they’re also extremely ambiguous. Requiring a custodial parent to make an accounting would place an unacceptable amount of strain on an already-overloaded court system, to say nothing of the burden it would put on the parents, themselves. It would be impractical.
So, while you probably shouldn’t use child support money to leave your kid at home and go on a solo vacation without them, the custodial parent has a lot of freedom when it comes to choosing how they spend child support. And since kids are so thoroughly blended into every single breathing moment of a parent’s life, this actually makes a lot of sense.
Duration of Child Support Payments
Another erroneous assumption that people often make about child support in California, is that payments automatically end once the child turns eighteen. Though teenagers might disagree, eighteen is not, in fact, a magical number at which point a child no longer needs the help and financial support of their parents—especially since many are still in school when that birthday occurs.
Because of this, California law states that child support payments are mandatory until the child turns nineteen, or until high school graduation, whichever comes first. Therefore, you can’t just stop paying support just because your kid hits the big one-eight. Unless your child:
Marries or registers a domestic partnership;
Joins the military;
Is emancipated; or,
Dies,
If high school hasn’t ended, then neither has your obligation to support.
Child Support and Visitation
It can be frustrating to try and wrangle child support payments out of an uncooperative former spouse each month—no one is arguing that. However, we have to stress, that being late or missing payments on child support does not give a custodial parent the right to withhold visitation from their former partner. In fact, doing so is actually a crime, and could adversely affect their own rights under the custody agreement. Bottom line? Child support isn’t the price of an admission ticket to see your child. It’s money to help offset the significant costs of raising a kid, and a late or default payment cannot diminish a parent’s basic rights to access their child.
If you are having problems with your former partner paying child support, a Stockton divorce lawyer can help you file a complaint with the court. The California judicial system takes child support seriously, and there are proper channels available to address incomplete or late payments without damaging your own rights under the custody arrangement.
Child Support Attorneys in California
Unfortunately, as much as we hate it, children are the ones usually hurt the most in divorce. And while nothing can compensate for the emotional trauma they face, child support can—at the very least—help them maintain some semblance of normalcy and comfort in the upturned world they’re expected to make the best of.
If you or someone you love have more question about child support in California—or any other divorce related questions—we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let us make sure your child support needs are being met.
The motivations compelling couples to consider divorce are wide and varied. However, one common motivator, is when individuals feel trapped in a toxic relationship. The term “toxic relationship” was coined in 1995 by Dr. Lillian Glass, and in contrast to physical abuse, the hallmark of a toxic relationship is an emotionally unhealthy environment, where one or both of the parties are plagued by a persistent feeling of unhappiness.
In comparison, healthy partners listen to each other, communicating respectfully and often. These couples build and uplift one another, supporting each other’s goals, desires, and dreams. Habits which, in turn, cultivate and strengthens trust, leading them to a deep sense of understanding, satisfaction, and happiness that can’t be found anywhere else.
Of course, none of which is to imply happy couples don’t fight. Because let’s be honest: to be married is almost, by definition, to have a sparing buddy at the ready. It is completely normal for stable couples to experience periods of life marked with anxiety, stress, and anger. But this unrest is usually temporary. In contrast, a toxic marriage is a relationship where negativity is the norm. One in which individuals:
Don’t support each other;
Seek out conflict;
Undermine their partner;
Engage in unhealthy competition;
Disrespect their spouse;
Lack cohesive unity; or
Attempt to control one another.
In addition to these elements, things like physical abuse, and adultery, can, of course, contribute to an emotionally toxic environment. However, abusive relationships are generally seen as a situation where the perpetrator knows and is choosing to exact harm, whereas in a toxic relationship, on or both parties might not even be aware of what they’re doing.
This is what can make a toxic relationship so difficult to identify, especially since all toxic marriages present differently, and what’s toxic for you might not be so bad for your best friend or your mom. Below, are five signs that you’re in a toxic marriage – and if you recognize them, it may be time to talk to a Stockton divorce attorney. Not just for your own mental health, but also for the sake of any children you might have, who are looking up to you for an example of what kind of relationship they should aspire to.
5 Signs You’re in a Toxic Marriage
When trying to determine whether or not your relationship is toxic, here are five signs that can help you know whether it’s time to consider other options (such as divorce). They include:
Persistent unhappiness;
An inability to connect with your partner;
Consistent fault finding;
Fantasies about striking out on your own; and
Family or friends who are expressing concerns.
Persistent Unhappiness
If you’re always unhappy about your relationship, why are you still in it? Life should be better and happier with the person you’ve chosen to spend life with. If the joy you once felt in marriage has replaced by sadness, anger, anxiety, or resignation, it may be time to talk to an attorney about your options.
Inability to Connect with your Partner
Respectful communication is one of the biggest keys to any successful relationship—romantic or otherwise. And it’s okay for these conversations to occasionally fizzle out between partners, but when it becomes worrisome, is when it doesn’t improve, despite repeated efforts. Especially if you feel like your partner has “checked out,” of the relationship. When couples are unable to resolve differences, and talk though problems with each other, it’s often a signal that they’re on the road to divorce.
Constant Fault Finding
No one is perfect, and if you look close enough at anyone, you’ll find fault with them. But there’s a big difference between occasionally getting after your spouse for not taking out the trash, and when finding fault is a way of life in your relationship. If you and your spouse are overly critical of one another, and resort to personal attacks during every argument, it might be time to start thinking objectively about your future together.
Fantasies about Striking Out on you Own
It’s normal for an overworked parent to think about how much easier things would be without family ties binding them down, but if escaping into your fantasy life of solitude is the only way you can get through the day, it may be a sign there’s something really wrong in your relationship. If you’ve made serious plans to leave, you should talk to an attorney about your options before doing anything. It’s especially important not to move out of your marital home (or throw out your partner) without consulting a lawyer first, as these actions can trigger adverse consequences during a divorce trial.
Family or Friends Express Concerns
There’s an age-old metaphor, which says you can’t boil a frog by putting it in hot water. Instead, you start with a pot of tepid liquid, and slowly turn up the heat. We have no idea why anyone would want to boil a frog alive, but like our amphibious friends, individuals who are in a toxic marriage, are usually the last to figure it out. That’s because humans are amazingly adaptable. We become so accustomed to the harmful environment, we no longer notice what’s all around us, which is a bad place to be. If your friends and family begin expressing concerns, it’s a sign that you’ve normalized an unhealthy relationship.
Do You Need to Talk to a Divorce Lawyer?
Often, even when individuals recognize their partnership isn’t healthy, they are still reluctant to initiate divorce, either because of time and cost, or worries about child custody and property division. Some even fear physical retribution from their spouse, and if this sounds like you, it’s important to note that there are many different types of divorce, including mediation, which can be quite cost effective. In addition, individuals can file for restraining orders at no cost, which is just one of many ways in which the State of California protects abuse victims.
If you’re thinking about getting a divorce, it’s a good idea to consult with an attorney and learn about your options. The team at Maples Family Law are here to answer any questions you might have about spousal support, child custody, and the division of property. We may also be able to refer you to a therapist focusing on divorce issues and toxic relationships.
Call us at (209) 546-6246 or contact us online to schedule an appointment. Let us help figure out a solution to your toxic relationship.
In order to initiate your divorce, California law requires that you let your spouse know you’ve begun the legal process—and in this case, shooting off a quick text won’t cut it. For your notice to be valid, you must provide the other party copies of the same paperwork you filed with the court, and it has to be done in a certain way. In legal speak, this is called service of process—but most people simply call it “serving divorce papers,” or “service.”
How to Serve Divorce Papers in California
One important thing to keep in mind, is that your judge will not be able to make a judgment, or create any permanent orders until divorce papers have been properly served to the other party. During your initial divorce consultation, your Stockton divorce lawyer will explain the different service methods, but if you haven’t yet had a chance to meet with an attorney yet, here’s a quick run-down of how to make sure your divorce isn’t delayed by improper service.
Using a Process Server
One way of serving divorce documents, is good old-fashioned hand-delivery. This method is called personal service, and in California—so long as they meet the right criteria—any of the following people can serve divorce papers on your spouse:
Friend
Relative
Coworker
County sheriff or marshal
Professional process server
However, there are certain things might disqualify one or more of these individuals from carrying out the task. In order for these individuals to qualify as a proper process server, the person must:
In addition to these two requirements, the person you choose must serve the paperwork within sixty days from the day you filed for divorce (though, more time can be requested, if needed). They must also fill out a proof of service form, and return it to you, so that you or your lawyer can file it with the court. A proof of service form tells the court who was served, when it happened, where it happened, and how it happened.
Substituted Service
Substituted service is only available when you have already made several unsuccessful attempts to personally serve the other party. If your situation qualifies, your server will be allowed to leave the papers in the possession of someone else at the other party’s house (so long as they are at least 18 years old). The same restrictions for service of process apply in substituted situations, and the server must also to write up a “Declaration of Due Diligences” detailing the efforts that were made to serve in person prior to substitution.
If your spouse does not agree with the divorce, and is trying to stall the proceedings by making it difficult for you to serve, you may need to consider service by posting or publication, instead.
Service by Publication or Posting
Service by publication involves publishing the summons and complaint in a newspaper where the other party is likely to be. For this method, the court’s permission is mandatory, and can be obtained by filing a Form FL-980. The notice must also run at least once a week for four weeks, the cost of which will come out of the plaintiff’s own pocket.
Service By Posting
Alternatively, if you don’t know where your spouse lives, you may be able to complete service by posting. This involves asking the court for permission to post notice at the courthouse, which is only granted if special requirements can be met, including detailed proof that substantial due diligence was made to contact the other party via other avenues, to no avail.
Service By Mail
A person who is not part of the case may also mail the documents to the other party’s home or business. Service is considered complete after five days from the date of postage, however it isn’t always the most reliable. Which is why it’s really good idea to stick to Certified or First-Class mail.
What Happens if My Spouse Ignores Service?
Sometimes during divorce, one party wants to split, while the other doesn’t. If your spouse is attempting to stall your breakup by not responding to properly serviced documents, you don’t need to worry. Individuals who don’t respond within thirty days are in danger of default. In a default divorce, the dissolution will continue on without the other party, usually with the judge simply agreeing to the terms put down by the party who filed.
Do You Need to Talk to a Stockton Family Lawyer About Divorce?
Navigating the requirements of document service can be tricky and overwhelming. Luckily, this isn’t a process you have to complete on your own. If you need to advice about serving papers, or want to talk about other divorce-related matters, one of our Stockton attorneys can help. Call us at (209) 546-6870 for a consultation. Let us help you develop a strategy that gets you the best possible outcome in your case.