Family Law Information

San Diego Family Law Specialists – Located in Mission Valley

Dissolution of Marriage and Domestic Partnership

Dissolution of marriage, which are commonly referred to as “divorce” matters, are the most commonly filed actions in the Family Court. Divorce cases have the effect of dissolving a valid marriage between two persons.  Dissolution of domestic partnership cases are conducted in the same manner that dissolution of marriage cases are conducted, using the same stages and steps as divorce cases, but the end dissolves a California registered domestic partnership.  For more information from the California Secretary of State on registered domestic partnerships, click here.  For more information on divorce cases, click here.

Legal Separation

A legal separation resolves matters such as the division of assets and debts just as in a divorce case; however, the parties remain married to each other and therefore cannot marry anyone else.    Legal Separation actions provide people with the ability to live separately from their spouse or domestic partner, but they will remain legally married.  Often people file legal separation actions for religious, cultural or financial reasons.  The stages to the process are the same, although there is no mandatory six-month waiting period because the parties’ marital status is not dissolved.

Annulment

Annulment actions are filed when one party believes that a void or voidable marriage exists.  California law only allows for an annulment in certain, narrow circumstances, such as where there is fraud or force, undue influence, lack of capacity, bigamy, incest or lack of physical capacity.  The California Family Code section which discusses the basis for nullity actions is 2210, which pertains to all nullity actions filed in San Diego County and provides:

A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:

(a) The party who commences the proceeding or on whose behalf the proceeding is commenced was without the capability of consenting to the marriage as provided in Section 301 or 302, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife.

(b) The husband or wife of either party was living and the marriage with that husband or wife was then in force and that husband or wife (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.

(c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife.

(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.

(e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as husband or wife.

(f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.

Obtaining a judgment of nullity from the court can be done following a trial, or even by an agreement between the parties in some circumstances.  Having an attorney on your side that is an expert in annulment actions can be an invaluable tool.  Remember, if you are able to obtain a judgment of nullity it means that your marriage never legally existed.

Paternity

A paternity case involves cases in which one or more children are born to unmarried parents.  In these matters, the case can be initiated by either the mother or father.  Parties may file a paternity suit to establish the father’s legal obligation to provide child support and/or to establish the father’s legal right to custody and visitation.

A paternity judgment in such a case will establish a legal relationship between the child and his or her father.  Until a child custody and/or visitation order is entered by the court, there is usually no recognized legal mechanism for unmarried persons to enforce custodial rights.  Whether the father is on the child’s birth certificate is an important issue regarding the right to custody prior to the court’s entry of an order for custody and/or visitation.  Generally, if the father is not on the birth certificate he has no legal rights until he obtains a court order granting him parental rights.  If the father is on the birth certificate, both the mother and father have equal parenting rights of the child.  Only a court can make visitation orders, unless the parents agree outside of court to a custodial arrangement.  If parents agree outside of court regarding each other’s parenting role, it is advisable to file the agreement with the court so that either party has a written, enforceable document to rely on.  For more information on child custody and visitation, click here.  A paternity action may also involve a party’s request for DNA testing, to change the legal name of the minor child and/or obtain reimbursement for pregnancy costs.    For more information on paternity actions click here.

In addition to obtaining orders for child custody and support, typical issues involved in a paternity action include obtaining a paternity test, obtaining a judgment of paternity or setting aside a default judgment of paternity through either Family Court or Department of Child Support Services.  Finally a parentage action can be used to change the name of a child on a birth certificate.

For more information on paternity matters, click here.

Our highly experienced San Diego paternity attorneys assist both potential fathers and mothers in paternity actions.  Whether you are seeking a paternity action to obtain child support, establish custody and visitation rights or to avoid paying child support for a child you do not believe is your biological child, we can provide you with the best expert advice.

Child Custody and Visitation

Child custody and visitation issues arise in divorce cases, paternity actions, adoption cases and guardianship matters.  In these actions, if children are involved it is highly advisable to obtain child custody and visitation orders, which can be accomplished by filing a motion called an Order to Show Cause in the Family Court of your residential district.

There is also a difference between legal and physical custody.  The parent or parents with the right to legal custody are allowed to make decisions concerning a child’s health, safety, education, religion and welfare.  This includes decisions regarding where the child attends school and whether he or she will participate in extracurricular activities, religion and religious practices and medical decisions.  Physical custody refers to the child’s primary residence and the everyday child sharing schedule.

The family law attorneys at Wilkinson & Finkbeiner, LLP represent men and women throughout San Diego, including Chula Vista, Escondido and everywhere in between including La Jolla, Carmel Valley and Del Mar in all aspects of family law.  Protect your rights by emailing or calling our experienced, compassionate and aggressive (if necessary) family law attorneys.  Our firm prides itself on providing our clients with professional legal representation in a cost-effective manner to successfully accomplish your goals.

DISCLAIMER: The content of this website is intended as legal information only and should not be construed as legal advice.  The content of this website is a summary of the law only.  It may not contain a complete statement of the law.  You should contact an attorney if you seek specific legal advice or assistance.