Moore Law for Children

As a community property state, the presumption is that you are entitled to 50% of any community asset. This does not, however, mean that possessions are split equally right down the middle. Rather, equitable distribution is a splitting of the various assets in a fair and just way with the end result being the entirety of the community assets are divided equally.

If your spouse fails to pay the decided upon spousal support or pays less than the required amount, our lawyers can help you to pursue legal action to enforce the payments. You do not deserve to suffer financial hardship because your ex-spouse refuses to pay what they are obligated to pay you. Contact one of our family law attorneys today to help you with this process.

Spousal support is the court-mandated financial assistance one spouse provides to the other as a result of a divorce settlement. The court decides the conditions and amount of spousal support as part of their judgment.

California law does not display a preference towards either parent in a custody case. Custody decisions are made based on the above factors and the child’s best interests.

There are two types of child custody in California: legal and physical. Legal custody refers to the right to make important decisions for the child including decisions about the child’s education, health, and welfare. Physical custody refers to the parent with whom the child resides.

There are different reasons why a family member may seek a limited conservatorship. It may be that a parent has run into problems at a group home where their adult child resides. It may also be because a parent encounters difficulties with the school district once the child turns 18 years old and gains the power to make his or her own educational decisions. Learn More: https://moorelawoc.com/limited-conservatorships/

A limited conservatorship is specifically designed for a developmentally disabled child ("conservatee") transitioning into adulthood. Once the disabled child reaches the age of 18, his or her parents are no longer able to make personal medical, and financial decisions for him or her. They therefore, may seek a limited conservatorship of the estate and/or person. Parents can set up a limited conservatorship to protect their developmentally disabled child and assist with personal affairs, medical decisions, and financial matters. This should be filed before the proposed conservatee’s 18th birthday, but can also be filed after.

In California, a legal separation does not end a marriage or domestic partnership but rather results in the courts deciding on the rights and responsibilities of each spouse. To commence the process for legal separation in California, a spouse must file a petition, pay a filing fee, serve the petition on the other spouse, and file financial disclosures with the court. Unlike with a divorce, which follows a very similar process, there is no residency requirement for a legal separation.

Legal separation is a method of dissolving a marriage while maintaining some of the benefits of marriage. The couple is still legally married and, therefore, both parties must follow an established agreement. But each legal separation comes with its own unique matters and considerations to address in the agreement. The agreement can also address matrimonial issues such as living arrangements, child support, child custody, spousal support, and division of assets.

Planning for your incapacity or passing may feel as like a daunting task. However, with the guidance from an experienced estate planning attorney, you can create a plan to protect your family and your assets with ease.