Family law practice pertains to the area
of law that deals with actions involving marital relationships
and relationships between parents and children. It also
includes actions that involve violence between family, friends
or acquaintances.
Dissolution of Marriage (Divorce)
An action for dissolution of marriage, referred to by many
as “divorce” is filed by a married person against
his or her spouse in order to end their marital relationship.
In this action, the parties seek to be restored to single
status. If applicable, the parties also request for an order
from the Court for custody and visitation of the minor children
of the marriage, child support, spousal support, and division
of properties, assets and debts.
Dissolution of marriage proceeds as either a contested matter
or an uncontested matter. The action is considered contested
if the parties are unable to agree on some or all issues
and the unresolved issues must be resolved by the Court.
The action is considered uncontested if the parties are
able to cooperate and agree on all issues outside of Court
and the matter can proceed to its conclusion by submitting
the necessary signed paperwork for the Court's signature.
Legal Separation
An action for legal separation is filed by a married person
who wishes to separate with his or her spouse and resolve
all other issues of the marriage without dissolving the
martial status. The Court will issue orders for custody
and visitation of the minor children of the marriage, child
support, spousal support, and confirm or award community
and separate property, assets and debts.
This action may likewise proceed as either a contested matter
or an uncontested matter.
Nullity of Marriage
An action for nullity of marriage is filed by a married
person to restore the parties to the status of unmarried
persons, as if they were never married. The Court will consider
the marriage as void or voidable when certain conditions
are met.
Summary Dissolution Of Marriage
This action is very limited and can only be used by a married
couple which meets certain requirements, such as: (1) the
parties have been married less than five (5) years as of
the date the action is filed; (2) there are no children
together born before or during the marriage, including by
adoption, and the wife, to her knowledge, is not pregnant
as of the date the action is filed and (3) neither party
has any interest/ownership in real estate.
Establishing Parentage (Paternity)
An unmarried mother or an unmarried father can file an
action to establish paternity. Through this action, the
Court will determine paternity (or non-paternity if the
father is found not to be the biological father of the minor
children), and make custody and visitation as well as child
support orders.
The case may proceed as either a contested matter or an
uncontested matter.
Petition for Custody and Support of Minor Children
This action may be filed by married or unmarried parents
to obtain custody and support orders without filing a dissolution
of marriage, legal separation or nullity action, if the
parents of the minor children are married, or without filing
an action to establish a parental relationship, if the parents
of the minor children are unmarried.
Custody and Visitation
This is an action that addresses the issues of custody
and visitation of minor children. If the parents are married,
either the mother or the father must first file an action
requesting a dissolution of marriage, legal separation,
nullity or file the petition for custody and support of
minor children's action. If the parents are unmarried, either
the mother or the father must file an action to establish
the parental relationship or file the petition for custody
and support of minor children.
Once an underlying action has been filed, the Court can
address the issues of custody and visitation. Further discussion
of custody and visitation can be located by referring to
the appropriate underlying action.
In Los Angeles County, custody and visitation issues may
also be raised through an action initiated by the Child
Support Services Department, formerly known
as the District Attorney's Office - Bureau of Family Support
Operations.
Child Support
Before parents can address the issue of child support,
there must be an underlying action. If the parents are married,
either the mother or the father must first file an action
requesting a dissolution of marriage, legal separation,
nullity or file the petition for custody and support of
minor children's action. If the parents are unmarried, either
the mother or the father must file an action to establish
the parental relationship or file the petition for custody
and support of minor children. There is no legal obligation
to pay child support from one parent to the other until
there is a Court order. A Court order is obtained by requesting
a hearing.
Once an underlying action has been filed, the Court can
address the issue of child support in the underlying action.
Further discussion of child support can be located by referring
to the appropriate underlying action.
In Los Angeles County, child support issues may also be
raised through an action initiated by the Child
Support Services Department, formally known
as the District Attorney's Office - Bureau of Family Support
Operations.
Spousal Support
Once an underlying action for dissolution of marriage or
legal separation has been filed, the Court can address the
issue of spousal support in the underlying action. There
is no legal obligation to pay spousal support by one parent
to another other until there is a Court order. In limited
situations, the Court can order spousal support in a nullity
action. A Court order is obtained by filing a hearing. Further
discussion of spousal support can be located by referring
to the appropriate underlying action.
Domestic Violence Restraining Orders
A restraining order is a Court order issued to prevent
the recurrence of acts of abuse by a batterer. Under the
Domestic Violence Prevention Act, abuse is defined as any
of the following:
The restraining order can include restraints
on personal conduct by the batterer, order the batterer to
stay away from the victim's home/work and/or children's school,
and other miscellaneous orders. There is no requirement that
there be a relationship between the victim and a batterer
in order to obtain the protective order. There must, however,
be recent acts of harassment.
