Family Law

Divorce
In California, the formal procedure for ending a marriage is known as a dissolution of marriage or divorce. In the divorce process, the courts will determine the spouses' rights to property and debts, spousal support, child support and custody rights. In addition, the court will end the marriage and return the spouses to the status of single people. Curtis Legal Group has experience in all of these aspects of Family Law.

Child Custody & Visitation
If parents are unable to agree on a custody arrangement for their children, then the courts will impose an order which the judge determines to be in the best interest of the children. Before the judge makes an order, parents are required to participate in mediation through the court system. Through the mediation process, parents meet with a court–appointed mediator who tries to assist the parents in resolving their disputes. We guide our clients through this process.

Child Support
The law requires that parents provide financial support to their children. The State of California has a formula to determine the amount of monthly support one parent needs to pay to the other parent to support the parties' children. This formula relies primarily on each parent's income and the amount of time they have custody of their children. In addition, child support often include orders for parents to share their children's medical or daycare expenses or that one parent provide health care coverage for the children. We have the knowledge and experience to make sure that your interests are protected.

Spousal Support
Spousal Support (formerly called alimony) is the temporary or permanent payment by one spouse to the other spouse. The intention is to afford the lesser–earning spouse the ability to maintain a reasonable standard of living as established by the marital lifestyle. This area often can often be contested in a dissolution case and we understand the issues that need to be addressed.

Property Division
California is a community property state, which means that most assets earned or acquired by either party during the marriage are owned equally by each spouse. In a divorce, California law generally requires all community property to be equally divided between the spouses; however, additional factors can affect whether property items are actually divided equally. For example, one spouse may have a right to be reimbursed for any separate property that he or she used to acquire a community property item.

Courts recognize that each spouse may also own separate property, which will be confirmed to that spouse individually. Separate property may be property which a spouse earned while single or that the spouse received as a gift or by inheritance at any time. In order to claim an item as separate property, a spouse usually has to prove that the item can be distinguished from community property.

Determining whether an item is separate property or community property is a critical step in deciding how property should be divided. These issues can be highly complex and we vigorously represent our clients to determine the characterization, valuation and division of assets including real property, retirement accounts, businesses or personal property of particular value.

Legal Separation
The legal separation process is very similar to the divorce process. There are two major differences which distinguish a legal separation from a divorce. First, at the end of a legal separation, the parties are not returned to the status of single people, and therefore, neither of them can remarry. Second, both parties must consent to a legal separation. Notwithstanding those two differences, parties to a legal separation can obtain virtually all of the same orders granted in a divorce, including orders for custody, support, and division of assets and debts.

Annulment
California law allows for an annulment of a marriage only in very specific situations. If an annulment is granted, for the most part, it is as if the marriage did not occur. If annulment is appropriate for you, we have the experience to guide you through the process.