Category: <span>family-law</span>

What to Expect at San Joaquin County Superior Courthouse

November 30, 2020November 30, 2020
by Anna Maples

For those who have never attended court proceedings before, the prospect of “going to court” might be a little intimidating. After all, Hollywood certainly does a fine job of making it seem like an intense ordeal. However, before your imagination can start conjuring scenes from Law and Order, take a deep breath, and relax. In real life, “going to court” isn’t nearly as exciting—or stressful—as a day in the life of Jack McCoy. Especially for family law.

Still, it’s natural to have a lot of questions about what to expect. In this article, we’ll attempt to address some of those concerns, and give you an overview of what to expect when attending family court at the Stockton Superior Courthouse.

San Joaquin Courthouse Address

If you are getting a divorce in San Joaquin County, your paperwork will be filed through the Superior Court of California in downtown Stockton. This is also the place where all of your family court hearings will occur. The Stockton California Superior Courthouse is the tallest building in San Joaquin county, and, with a huge, glass façade that looks a bit like an inverse pyramid, it’s a pretty hard building to miss. The address is:

180 E. Weber Ave.
Stockton, CA 95202

Trust us, you’ll know it when you see it.

San Joaquin Courthouse Parking and Transportation

Metered parking is available in front of the courthouse and along the surrounding streets. There are also several public parking garages in the immediate area, which charge hourly and only take cash. So, if you’re planning on using garage accommodations, make sure to plan accordingly.

If arriving via public transportation, the 23, 40, 44, and 51 bus lines all have routes that stop near the San Joaquin Superior Courthouse.

Inside the San Joaquin Superior Courthouse

As you step inside the main doors, you’ll be greeted with a giant map of the greater San Joaquin County area. A right will take you to a clerk area, where you can do simple tasks—such as pay a parking ticket—without having to go through a full weapons screening. If you take a left, you’ll find yourself in the building’s main lobby.

Unlike the dark, moody courthouses of Hollywood screen sets, the four-story glass atrium of the San Joaquin Superior Courthouse has an open, airy feel that the Law and Order set technicians wouldn’t know what to do with. Inside the atrium, you will find an information desk, with an attendant who can answer any questions you might have about your visit.

Choosing the Right Floor

All family court-related services are located on the fourth floor of the courthouse, so if that’s your destination, you do not need to check-in at the clerk area of the lobby. Instead, you may proceed directly up, via either the escalators—conveniently accessible right from the main lobby—or the elevators.

Screening

On the fourth floor, you will check-in, and be screened for weapons before being allowed into the courtroom. This is a safety measure meant to keep visitors and employees separate from the public, and to keep court proceedings as secure as possible. It may sound intense, but it’s not much different from an airport security line. For the screening, you will be asked for ID and will be required to walk through a metal detector. After that, you are free to locate your assigned courtroom.

Locating Your Courtroom

Calendar screens are available on each floor to help you find your assigned room and time. These monitors bear a striking resemblance to an airport’s arrival and departure board and are populated with lists of party names, departments, times, and case numbers for each particular room. Although your attorney will likely already have this schedule, it’s not uncommon for last-minute switches to occur, and these screens will help keep you apprised of both where the judge is at in your lineup, and of any changes that may have occurred.

When to Arrive

The San Joaquin Superior Courthouse website recommends that you arrive at least ten minutes early before your scheduled hearing.

Plan For a Wait

You should budget at least four hours for your hearing. This doesn’t necessarily mean it will take that long, but the court’s schedule is flexible, with sessions running from about 8:30 a.m. to 4:30 p.m. Although you’ll have a scheduled time slot within the day, these sessions often run long, and the judge isn’t always ready for you at your assigned time, often requiring you to wait it out.

Inside the Courtroom

With few exceptions, real-life courtrooms are nothing like the dark wood, moody spaces that Hollywood portrays. Even San Joaquin’s courthouse—which is state of the art, and could have been designed any number of ways—didn’t come equipped with Victorian-era woodwork and brass fixings. Instead, your courtroom at San Joaquin family court will look a lot like a cozy college classroom, lined with comfortable seating (or benches, depending on your assigned room), and a judge’s podium similar to the kind lectern you’d find a college professor tucked behind (complete with microphone).

How events proceed once you’re in the courtroom will depend a lot on why you’re there in the first place. Your family law attorney will prepare you for the specifics, but you likely won’t be bombarded with red-faced “Objections!”, gavel pounding, and bursts of outrage from the other side. This is because, unless you’re called as a witness, the attorneys are the ones doing all the talking. And since lawyers have to maintain a working relationship with each other long after your case is closed, they generally have a pretty mellow attitude toward one another. Most are respectful across the aisle, and some are even friends. So, your family law experience at Stockton’s Superior Court will most likely be pretty ordinary.

San Joaquin Family Court Attorneys

As you can see, “going to court” isn’t nearly as passionate as it’s played out on your favorite legal drama. While divorce and family law proceedings can definitely be stressful, court isn’t usually too traumatic. In general, the most drama you’re likely to encounter at San Joaquin’s Superior Courthouse is the glares passed your way from your soon-to-be-ex.

If you are dealing with divorce, or another family-related matter, and need family law attorney to represent you in California Superior Court, we may be able to help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let our team of experienced family court attorneys help your courthouse experience go as smoothly as possible.

family-law

Restraining Order in San Joaquin County

September 7, 2020September 7, 2020
by Anna Maples

On its own, divorce is not an enjoyable process. However, when abuse is involved, fear and anxiety can add a new level of stress to an already tense situation. Sometimes the abuse has been ongoing, other times, it might be sparked by the divorce process, itself. Either way, it’s never okay, and if you or a loved one are afraid of retaliation during divorce proceedings, know that there are options available to help keep you safe.

One common restraining order involved with divorce is a Domestic Violence Restraining Order, which offers protection against someone you are or have been in a relationship with, specifically when domestic violence is involved. However, protective orders are not restricted to violent situations, and are also available to individuals who do not have a history of abuse in the relationship.

Here’s a breakdown of these protective measures, and what you need to know about filing a restraining order in San Joaquin County.

Domestic Violence Restraining Order in San Joaquin County

A Domestic Violence Restraining Order (or, DVRO), is directed specifically at situations where abuse is being delivered by someone you are intimately involved with. This includes a spouse, domestic partner, or someone you lived with, but it also extends to dating relationships. Indeed, living with the person is not a requirement for a DVRO in California. The abuse need only come from a person you are—or were—intimately involved with, and is not limited to just physical harm.

Under California law, abuse is classified as:

Hurting or trying to hurt someone (either intentionally or recklessly);
Any form of sexual assault;
Causing fear of physical retribution (directed at an individual, personally, or toward a loved one);
Actions that prevent an individual from coming and going freely; and,
Issuing threats, which can be verbal, but can also come in the form of harassing, stalking, and the destruction of property.

This includes all forms of emotional and psychological abuse, even in the absence of physical harm. Hence, even if you have not been physically molested, you might still be able to file a Domestic Violence Restraining Order against your tormentor.

How to File a Domestic Violence Restraining Order

Individuals wishing to file a Domestic Violence Restraining Order in San Joaquin County can find the necessary forms either online or at the Civic Center Courthouse. There is no fee to file a DVRO, and an interpreter will be provided if needed. If the forms are filed before 10 a.m., the restraining order will be available between 2:30-4:00 p.m. the same day. If filed after 10 a.m., the order will be ready between 8:30 a.m. and 2 p.m. the following day.

Types of Restraining Orders in San Joaquin County

Generally speaking, DVROs are issued either as an Emergency Protective Order (EPO), or as a Temporary Restraining Order (TRO). Permanent Restraining Orders are less common, but are also available, especially for individuals caught in cycles of long-term abuse. However, even if domestic violence is not involved in your divorce, you can still get a restraining order against your former spouse, and there is a myriad of reasons why you might want to do so.

Below, are the three main types of restraining orders issued during divorce proceedings, and what situations they usually apply to.

Emergency Protective Order (EPO)

Emergency Protective Orders are handled exclusively by law enforcement and are typically requested when a police officer responds to a call of domestic violence. If the threat of harm is imminent, or the victim is unable to file for a restraining order on their own, the officer can call an EPO in to a judge at any time of day or night. The EPO will then take immediate effect and will last seven calendar days, or five business days (whichever is shorter). Civilians cannot file for emergency orders; however similar protections can be found by filing for a Temporary Restraining Order.

Temporary Restraining Order (TRO)

A Temporary Restraining Order is an action that will restrain an individual’s abusive conduct for a limited period of time. While similar to Emergency Protective Orders, TROs do not require a police officer’s request, and also last a little bit longer. Generally, the life of a TRO is about three weeks (20-25 days), after which the petitioner will be required to attend a full, evidentiary hearing. At these hearings, both parties will have the chance to present evidence in favor or against the restraining order.

Ex Parte Hearing

Sometimes, however, the threat is too great to wait for the traditional filing period. In these situations, an individual may request an ex parte hearing, or, in other words, an emergency meeting with the judge. These hearings occur within twenty-four hours of the request, and require the individual to show proof that immediate action is necessary to prevent imminent and irreparable damage to them. Once granted, the filer need only provide informal notice to the opposing party to make the order effective.

TROs and Divorce

Aside from emergency situations, Temporary Restraining Orders are also quite common in divorce cases. Often, they are filed at the onset of a case and will last for the duration of the proceedings. A TRO can be filed even without a history of abuse and can apply to contact as well as to conduct, making it especially useful for the spouse wary of retaliation. For example, a TRO can prevent a vindictive partner from doing something like liquidating assets, emptying bank accounts, or even removing children to another location without permission.

After the divorce is final, individuals who still need continued protection can file for a Permanent Restraining Order.

Permanent Restraining Orders

The final and most long-lasting type of protective measure is a Permanent Restraining Order. In order to obtain one, an individual must show that the fear (or danger) is ongoing, and there is no reason to think it will end. It’s a highly subjective and difficult to standard to satisfy, and are usually issued to protect victims with a history of long-term abuse.

Restraining Order Attorneys in San Joaquin County

In addition to DVROs and the various types of orders found in family law, there are also a number of protective orders available to shield victims in other situations. Understanding the nuances of each category and how to file can be overwhelming, especially when you add the pressure of unseen threats and danger that usually accompany the need for such tactics. If you are experiencing these types of threats—in or outside of a divorce—we may be able to help. Contact our office today at (209) 989-4425, or get in touch online to schedule a consultation, and together we can discuss what protective order might be best for your individual situation.

Divorce

Commonly Asked Questions About Types of Divorce

July 20, 2020July 20, 2020
by Anna Maples

Glossing over the fine print of a contract is an oversight most people have probably done at least once in their life. And nowhere is this party foul more common, than in a marriage contract. After all, between wedding day snapshots and cake cutting, most people don’t have the foresight to sit the happy couple down for a serious pregame speech about what might come after their marriage.

Which brings you here. Years later. Stressed. Hurt. Confused. Probably more than a little angry, and likely overwhelmed. Maybe realizing—for the first time—that there’s actually more than one type of divorce, and wondering where to find answers to all those questions you never thought to ask.

The first thing to know is, that despite their differences, all types of divorce serve the same, basic function: the dissolution of a marriage contract. Or, in other words, the formal division of assets, finances, and children accumulated during a marriage.

The focus of this piece isn’t to spend a lot of time talking about the different kinds of divorce—there are other articles for that. Instead, this feature will strive to answer some of the most commonly asked questions related to these different divorce types.

What is a Friendly Divorce Called?

First off, “friendly divorce” isn’t actually a legal term. That being said, “amicable” is often the word used to describe a dissolution in which both partners go their separate ways on relatively good terms.

An Uncontested Divorce (one in which one party does not contest the terms set down by the other), as well as a Collaborative Divorce (one in which both spouses agree to work together to find solutions to all major issues), are both good examples of amicable divorces.

Similarly, couples who decide on Pro-Se/Pre-Suit mediations, often do so on cordial terms. In this type of setting, both parties agree to delay filing an official lawsuit in favor of trying to work things out with a mediator.

However, whether filing a traditional suit or trying for mediation, it’s important to realize that divorce does not have to be an ugly process.

Yeah, but How DO You Divorce Nicely?

Of course, it’s all well and good to say divorce doesn’t have to be ugly, but how, exactly does one achieve that? While every relationship is different (and lawyers are by no means therapists!) the single greatest tool in helping the process go smoothly is to remember life’s golden rule: treat your partner how you want to be treated.

Granted, it’s a little cheesy, but it’s also true. Hurt and anger are a natural part of the divorce process, and under those circumstances, it isn’t easy to treat someone kindly. However, any effort you can make, will go miles toward helping your divorce proceed amicably.

Is Dissolution the Same as Divorce?

The short answer: yes.

The longer answer is, that in ye olden times, divorce was the term for what we’d think of today as a “fault-based” parting. (Like, if a spouse got caught with their knickers down, and was accused of infidelity, for example.)

Today, however, California—like most other states—operates under a no-fault system. Which basically means no one has to bear the blame in order for it to end. Couples can simply cite “irreconcilable differences” and call it a day. In fact, “dissolution” and “divorce” are now used almost interchangeably.

Can You Have an Uncontested Divorce with Children?

Theoretically? Yes. An uncontested divorce is simply one in which one party does not contest the terms laid down by the other. Ergo, if both parties are happy with the arrangement (and all other issues can be agreed upon), then the divorce is uncontested.

How Can I Get a Secret Divorce?

Sorry to be the bearer of bad news, but a “secret divorce”—one in which a spouse files for divorce without the other party knowing—is not allowed the United States. This is for the simple fact that marriage is, at its most base function, a contract. And to allow one party to break that contract without the other’s knowledge, would be a blatant denial of that person’s rights under the agreement.

What if I Want a Divorce, but my Spouse Doesn’t?

Well, unfortunately for your spouse, one cannot force one to remain inside a marriage contract—that tradition died in the 1800s. The very best an uncooperative spouse can do in this situation is extend the process. As long as documents have been properly served, and a pattern of non-cooperative behavior can be established, an individual wishing to divorce can still do so by filing for a “default divorce.”

A default divorce gives the court power to make decisions, in the event one party refuses to engage with the other.

How Do I Know if I Really Want a Divorce?

The variables for and against divorce are extremely complex, interwoven—and above all—personal. So, while no one can make this decision except you, it might help to remember that divorce doesn’t actually break up relationships—people can and do achieve emotional distance from a partner all on their own, without going to court. A divorce is simply the legal dissolution of a marital contract. The process by which property, assets, and children, are divided between two parties who no longer wish to be seen as a joint entity in the eyes of the law. So, when you think about it that way, divorce is actually just the last step of a breakup. The formalization of what has—very likely—already been decided emotionally.

That being said, try to view the situation as impassively as possible. In the end, a logical, straightforward analysis of the facts, might be just the thing to help you decide if divorce is the right course for you.

Do You Have More Questions About Types of Divorce?

Unfortunately, even the most amicable divorce can still be laced with a tremendous sense of loss, confusion, and hurt. Knowing and understanding all the options can, however, give a person some small sense of comfort and control over a situation that no one ever anticipates. If you have more questions about the different types of divorce, and how they might apply to your situation, call us at (209) 989-4425, or get in touch online to schedule your consultation today.

family-law

Maples Family Law Remains Operational During COVID-19

April 6, 2020
by tobyrosen

The Superior Court for San Joaquin county has released guidelines to help parents navigate custody procedures during the COVID-19 crisis. You can view their release below.

Superior Court of San Joaquin county – Child support & custody information

For more information on dealing with custody and support issues during this time, please feel free to contact our office at (209) 910-9865 or online here.

Maples Family Law is committed to remaining operational during the COVID-19, and to doing our part to fight back against the outbreak. We’ll be offering telephone and video consultations, and will continue to process cases on behalf of our clients.

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Maples Family Law Q&A

March 30, 2020April 3, 2020
by Stratos

Have Questions about Divorce?

Dr. Tom gives a live Q and A session answering your questions on divorce, custody, and its effect on your and your children’s emotional health.

Divorce

Senate Bill 30 in California: New Law on Domestic…

November 17, 2019August 12, 2020
by Angie

Governor Gavin Newsom signed Senate Bill 30 last summer to balance out the law on domestic partnerships – and will soon apply to both same-sex and heterosexual couples. Here’s what you need to know.

Senate Bill 30 in California: New Law on Domestic Partnerships

Before Gov. Newsom signed Senate Bill 30 into law, domestic partnerships were only available to same-sex couples and opposite-sex couples provided that both the man and woman were over the age of 62. The original law was written before same-sex marriage was legal, as it is today.

However, starting January 1, 2020, the law will apply to all couples, regardless of gender and free from age restrictions. When a couple wants to establish a domestic partnership, they must file a Declaration of Domestic Partnership with the Secretary of State and meet these requirements:

Neither can be married to someone else
Neither can be in a domestic partnership with someone else
The couple must not be related by blood in a way that would prevent them from getting married to each other in California
Both must be at least 18, except in special circumstances
Both are capable of consenting to the domestic partnership

This means that heterosexual couples can also formally dissolve domestic partnerships using the same methods same-sex couples have used in the past.

Dissolving a Domestic Partnership in California Under Senate Bill 30

If you want to dissolve a domestic partnership in California, you could be eligible for what’s called a summary dissolution. If you don’t qualify for a summary dissolution, you have to terminate your domestic partnership through the court system.

Terminating a Domestic Partnership Through the Secretary of State

In some cases, you can dissolve your domestic partnership through the Secretary of State. You do this by filing a Notice to Terminate Domestic Partnership, but only if you meet all of these requirements:

You must read and understand the Secretary of State brochure on terminating domestic partnership (here).
You must both agree to dissolve your partnership.
You cannot have been registered as domestic partners for more than five years.
You cannot have children from before – or during – your domestic partnership.
You cannot have adopted children during your domestic partnership.
Neither of you can be pregnant.
Neither of you can own any part of land or buildings.
Neither of you can be renting any land or buildings, with the exception of your primary residence – and if you’re renting your living quarters, your lease must not include a purchase option that will end within a year from the time you file.
Your community property must be worth less than $40,000, not counting your vehicles.
Your separate property must be worth less than $40,000, not counting your vehicles.
Your community obligations (loans) must be less than $6,000, not counting vehicle loans.
You will both sign an agreement that outlines how you’ll divide your assets and debts, or that affirms that you have no community property or community debts.
You both agree that neither of you wants money or support from the other, except what’s included in your property settlement agreement.

Terminating a Domestic Partnership Through the Court System Under Senate Bill 30

If you don’t qualify for a summary dissolution, you will have to terminate your domestic partnership through the court. It’s always a good idea to talk to an attorney and get legal guidance before you end a formal relationship – particularly if you’ll be working through the court system.

Do You Need to Talk to a Lawyer About the New California Law on Domestic Partnerships?

If you’ve entered into a domestic partnership that you want to dissolve, we may be able to help you. Call us right away at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

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Halloween During Divorce: How to Help Your Kids

October 6, 2019July 6, 2020
by Angie

If you’re like most parents, the only thing you want for your kids is their happiness – and when the holidays start to roll around, you worry a little bit (or a lot) more. The holiday season is right around the corner, and if you’re going through a divorce, or if you’ve just received your divorce decree and this is your first Halloween flying solo, here’s how you and your ex can help the kids have a great holiday.

Halloween During Divorce: How to Help Your Kids Have a Great Holiday

While you may not be great at co-parenting just yet, holidays like Halloween are definitely times to practice your skills. Even if you’re not actively co-parenting, it’s pretty likely that you and your ex have worked out an arrangement on who gets the kids on which holidays.

Whether or not Halloween is your turn, you can still be supportive of your kids – and of their relationship with their other parent.

Planning ahead is the key. That way, even though your kids’ situations have changed due to the split, they can still enjoy the festivities.

Use these tips to make sure this Halloween is a good one for your children:

Be prepared to cooperate with your ex.
Make a plan.
Figure out which parent has the responsibility of getting together costumes, even if it’s not the parent who’s taking the kids trick-or-treating.
Set ground rules for your kids that you will both enforce.
Start thinking about next year.

Let’s take a closer look at each of these.

#1. Be prepared to cooperate with your ex.

As always, your kids come first. During the holidays, while it’s tough to face the prospect of spending time without your children (and letting your ex have all the fun), it’s important that you do what’s fair to them.

Be ready to cooperate with your ex, whether you have Halloween outlined in your custody agreement or not. If they’re old enough, you can even ask your kids where they’d prefer to be or which parent they’d like to bring trick-or-treating.

#2. Make a plan.

Talk to your ex. Stay calm and rational, and let him or her know what you think the plan should be. If Halloween isn’t addressed in your custody agreement, you can discuss who will have the children that day – and find out whether your ex has any input. For example, if you have the kids on Halloween, maybe you’re willing to let your ex take them trick-or-treating (or vice-versa). If you’re not willing to, that’s okay, too; however, that could mean your ex will reserve future holidays that aren’t in your parenting time agreement for him- or herself, too.

#3. Figure out which parent has the responsibility of getting together costumes, even if it’s not the parent who’s taking the kids trick-or-treating.

If you have the kids most of the time, it might be more practical for you to put together costumes. You can offer – or ask your ex – to pay for the supplies, or you can take full responsibility. It’s between you and your ex, but remember that this is a great opportunity for you two to work together to co-parent your children.

#4. Set ground rules for your kids that you will both enforce.

When the kids are old enough to trick-or-treat on their own, make sure you discuss the rules with your ex. It doesn’t matter if you’ll have the children on Halloween or your ex will – what matters is that you both agree to the rules you’re going to put in place for your kids, and that you’ll both be willing to enforce them. (That includes enforcing penalties for violations, such as when your kids come back too late and get grounded.)

#5. Start thinking about next year.

If you have the kids on Halloween this year, offer to let your ex have them next year – or ask if you can have them next year if he or she has them this year. These small trade-offs can make a lot of headway when it comes to cooperative parenting, and really, that’s what’s best for your children.

Are You Considering Divorce?

If you’re thinking about divorce, or if your spouse has already filed, we may be able to help you.

Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

What is a Motion to Modify Custody?

June 22, 2019August 4, 2020
by Angie

If your child custody arrangement isn’t working out – or if it’s no longer in your children’s best interest – you may be able to file a motion to modify custody.

But what is a motion to modify custody, and how does it work?

Here’s what you need to know.

What is a Motion to Modify Custody?

A motion to modify custody is a legal document your attorney can file with the court on your behalf. (A motion is a request for the court to do something.)

The judge assigned to your case will look at your motion and make a decision based on what’s in your child’s best interests. In order to file a motion to modify child custody, you have to have the legal grounds to do so.

What Are the Legal Grounds to Modify Custody?

If you want to change your custody agreement, you’ll have to show the court that there’s been a change in circumstances. That change in circumstances must make your current agreement unworkable. Some common reasons people file a motion to modify custody include one parent:

Needing to relocate because of work or personal reasons
Exercising religious practices that are harming the child
Putting the child in a dangerous environment
Preventing the other parent from seeing the child
Failing to properly care for the child

These aren’t the only reasons people have for changing their custody arrangements – they’re just some of the most common. If you feel your circumstances (or your child’s circumstances) have changed enough to justify asking the court to modify your order, talk to your attorney. He or she can explain how the court might view your request, as well as file the appropriate paperwork.

Related: What is full custody?

When Can You Ask the Court to Modify Your Custody Arrangement?

You can ask the court to modify your custody arrangement any time there’s a significant change in circumstances. As long as the judge in your case has issued a custody order, you can file a petition to change it.

What Should You Include if You Ask the Court to Change Your Agreement?

If you would like the court to change your agreement, you’ll need to come up with an alternative. Prepare a plan that details scheduled visits and all the other changes you want to make. That way, your attorney can get it on the judge’s desk – and the judge can make a decision based on facts.

You’ll have to explain why you think it’s necessary to change the existing order. If your child’s other parent disagrees, he or she will have the opportunity to say so (and explain why).

Your attorney will be able to give you guidance on modifying your custody agreement, and he or she might even suggest that you talk to a mediator so you and your spouse can agree.

Does Your Child Have Any Say?

In some cases, the courts will take the child’s preference into consideration. Typically, though, the judge won’t allow very young kids to state a preference for living with one parent or the other. If your child wants to have a say in the matter and the court allows it, the judge will consider your child’s:

Age
Maturity level
Intelligence level
Motivations

What if the Proposed Plan Isn’t in Your Child’s Best Interests?

The court’s main concern is always the best interests of the child. That means that if you submit a proposed change that isn’t best for your child, the court can – and will – kick it back and tell you to try again. Remember, the legal system in California is set up to protect children… and the law recognizes that a child has a right to both of his or her parents.

Do You Need to File a Motion to Modify Child Custody?

If you need to ask the court to change your custody agreement, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can also help you with issues related to parentage and child custody, spousal support and other divorce issues.

Divorce

California Legal Separation Basics

May 22, 2019August 13, 2020
by Angie

In California, legal separation is a process that allows you and your spouse to live separately but still technically remain married. There are many reasons people choose legal separation over divorce – most of them very personal – and it can be the right solution in many cases.

California Legal Separation

The process of a legal separation in California is really similar to the divorce process. You’ll still file paperwork and work out major issues, such as child custody, child support, and property division.

Why Do People Choose Legal Separation in California?

California’s legal separation process doesn’t divorce you – and it doesn’t have to ever lead to divorce, either. Some couples legally separate and never actually dissolve their marriages. There are many reasons people want to separate without divorcing; some are emotional, some are cultural, and some are purely financial. Here’s a quick look at some of the reasons people in California legally separate:

Tax benefits
Healthcare coverage
Religious beliefs
Cultural reasons
Rights to property benefits if one passes away

Legal separation can be temporary if that’s what the couple wants, or it can be permanent. Divorce, on the other hand, is always permanent – and that means if the couple reconciles and wants to get back together, they’ll have to remarry each other.

What if You Prefer a Legal Separation to a Divorce?

Many people prefer legal separation to divorce, and if you’re one of them, you need to know that legal separation in California is very similar to divorce. You may need to settle issues such as:

Child custody
Child support
Spousal support
Property division

Living apart doesn’t mean you’re legally separated. Technically, you’re separated – you live in your own homes. But in California, legal separation comes with a judgment signed by a judge, and in many cases, it also comes with court orders that refer to all the major issues listed here. In some cases, you don’t need any court orders (like if you and your spouse have few assets to divide, or you don’t need child support or custody order).

Is the Date of Separation on Divorce Documents the Same Thing as Legal Separation?

The date of separation on your divorce document is not the same thing as a legal separation. You can be divorced without ever legally separating. The date of separation is simply the day that your marital relationship ended – the final time.

The courts determine your date of separation by following Family Code 70, which says that it’s the day one spouse expresses to the other that he or she intends to end the marriage and that his or her actions are consistent with the intent to end the marriage. (All that means is that you and your spouse have to do more than argue and angrily say, “I want a divorce!” Your actions have to be consistent with wanting a divorce.)

Can You Get a Legal Separation if Your Spouse Doesn’t Want One?

You and your spouse must both consent to a legal separation – you can’t just file for it and get it like you can with a divorce. The exception is when one party doesn’t show up to court or respond to the petition; in that case, the judge can choose to grant you a legal separation judgment.

When Can You Get a Divorce if You’re Legally Separated in California?

In California, legal separation doesn’t mean you have to get back together to get a divorce. At any time before, during, or after your legal separation makes its way through the court system, you can ask the court to grant you a divorce. Your Stockton divorce attorney would need to file different paperwork, though – it’s not just a matter of showing up in court and asking the judge to change the status of your case.

Do You Need to Learn More About California’s Legal Separation?

If you need to know more about legal separation in California, we may be able to help you. Call us at (209) 546-6870 to schedule a consultation with divorce attorney Anna Maples. We’ll answer your questions about child custody, child support, and other matters, as well as refer you to local professionals if you need help that we can’t provide, such as divorce counseling or asset management.

Divorce

Pets and Divorce: Animal Custody Rights in California

March 22, 2019May 24, 2020
by Angie

Pets and divorce has always been a touchy subject – what are animal custody rights, and who has them?

Now, thanks to a new law that kicked off on January 1, 2019, pet parents can rejoice: Pets don’t have to be treated like property in a divorce settlement any longer.

Pets and Divorce: Animal Custody Rights in California

The new law, Assembly Bill 2274, added pets into the California Family Code. It says, “The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.”

It also says that the courts can assign sole or joint ownership of a pet – kind-of like custody – so that an animal who’s considered community property can enjoy the companionship of both parties after the divorce or separation.

What About Support and Service Animals?

The law doesn’t really apply to support animals or service animals, because those are typically assigned to a person based on his or her need – they’re there to assist the person, so they go with them during a divorce.

How to Get Custody of Pets in Divorce

You and your spouse are free to reach your own agreements regarding pet custody during your divorce. If you can’t agree on pet custody or other important issues, your attorney might suggest that you work with a mediator – that way, you can reach agreements without fighting things out in court.

Related: What is divorce mediation?

Many people decide based on what’s best for the pet. For example, if one of you is moving to a small apartment with no backyard space and the other one is staying in the marital home (where there is a yard and your pet is already comfortable), you might decide that your pet can visit with the other pet-parent but live primarily in the marital home.

If you and your spouse can’t reach an agreement on your own or through mediation, the judge in your case will end up making the decision. The judge might decide that you share custody, particularly if you both show serious attachment to the pet, or he or she might decide that the pet should stay in one home and one home only.

The factors a judge will most likely look at include what’s best for the pet, too – like yard space or an established home. Moving around can be traumatic for animals, just like it is for humans.

The judge will also look each party’s ability to provide proper care for the pet. Pet care, according to the new law, includes (but isn’t limited to):

The prevention of acts of harm or cruelty
The provision of food and water
The provision of a safe and protected shelter
The provision of veterinary care

Animal Custody Rights in California

Before this law passed, getting custody of a pet in divorce was a little different. Pets were treated as property and divided like any other property – just like televisions, cars and the family china set you got at your wedding. Now, though, pet parents have animal custody rights that enable them to do what’s best for their pets.

Do You Need to Talk to a Stockton Divorce Lawyer About Pets and Divorce or Animal Custody Rights?

If you’re splitting from your spouse but share pets, we can help you reach a resolution that’s fair to everyone.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.