Due to the COVID-19 Pandemic, all schools in California are closed to reduce the transmission of the virus. The American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC) have published important guidelines for parents at (https://www.thecenterforfamilylaw.com/afcc-aaml) .
The goal of these recommendations is to encourage the parties to follow their parenting plan as closely as possible, as doing so will ensure a level of consistency and stability that is in the children’s best interests.. | Read Court Memo >>
The 24 th Annual Family Law Update
The Nevada County Superior Court & The Nevada County Bar Association Present:
Family Law Case Resolution Process
As of January 1, 2013, all California family courts are governed by the “family centered case resolution” process. This case management process is aimed at early settlement, quicker trial dates, reduced expense of litigation, and better assistance to families. Your case will be managed through one or more Status Conferences at which the parties, attorneys and a judicial officer will discuss a "case resolution plan."
Divorce/Dissolution Case Types
PLEASE NOTE: For dissolution of marriage or legal separation in California, there are only two legal grounds. The first is "irreconcilable differences", meaning that at least one party asserts that the marriage cannot be saved. This is based on a statement by one of the parties, and does not require other proof. The other reason is "permanent legal incapacity to make decisions". The second ground must be proven to the Court. It used to be called "incurable insanity".
A dissolution of marriage, which is more commonly known as divorce, terminates the marriage and resolves marital issues including child custody, visitation, child support, spousal support, asset and debt division (real and personal property), former name restoration, restraining orders, and other issues identified by the parties. You must wait 6 months from the date the respondent was served with the divorce documents. You will then have to submit judgment paperwork to the court for a Judge’s signature before you are legally divorced. For current filing fees click here.
If you and your spouse are in agreement that you want to divorce you may be able to obtain a summary dissolution. The criteria for a summary dissolution include:
- You were married for under five years,
- There were no children born during the marriage,
- You have very few community assets and debts.
Legal separation is similar to dissolution of marriage, except that the parties remain married to each other. The court may make orders regarding the same issues identified in a dissolution of marriage.
If you open a legal separation action, you may amend your petition prior to judgment to request a dissolution of marriage. That will allow you to "start the clock" on the waiting period for divorce (six months from date of service), provided that you follow some special instructions.
A nullity is more commonly known as an annulment of marriage. This may only be requested if a party alleges incest, bigamy, minor without parental consent, unsound mind, fraud, force or incapacity to consummate marriage.
Dissolution of a domestic partnership terminates the partnership. You must be a resident of the state of California, both parties do not have to agree to the dissolution and it takes a minimum of six months for this action to become final.
Private and Stepparent: Before granting a petition for adoption, the court authorizes an investigation of the adoptive parents(s), regardless of whether they are related to the children or stepparents. Parties are required to pay for these investigations. Typically, the court will also consider petitions to terminate parental rights of the parent(s) who are relinquishing their children in this process.
Parties alleging domestic violence may file for a Domestic Violence Restraining Order.
These are also called "paternity cases." The court may make findings or parental relationship in these matters that will have an effect on child support. visitation and custody.
Even after marital and domestic partnership issues have been resolved, the court retains jurisdiction over issues that affect minor children in these proceedings until these children reach 18 years of age (or 19 years of age if still in high school). Parties may file motions to modify custody, support and visitation any time the circumstances warrant such filings.
A minor may petition the court for a declaration of emancipation if the minor is at least 14 years of age, willingly lives separately from parents, and managing his own personal financial affairs.