Archive for February, 2010

Bakersfield Divorce

Sunday, February 14th, 2010

This post gives information and details about how to get a dissolution of marriage in Bakersfield, California. Bakersfield is situated in Kern County. Marital Law cases are addressed by the Superior Court. For people who are trying to handle their own family law case the county has a “Self Help Center” which is located in the law library at 1415 Truxtun Avenue on the 3rd Floor, Bakersfield, California 93301.

The family law section of the Kern County Court system handles cases involving divorce, family violence, legal separation, annulment, child assistance, child custody, and visitation.

Here are some questions commonly asked by those who are getting a divorce in Bakersfield.

Is a trial absolutely necessary before I can get divorced?

A person getting a Bakersfield divorce can have a trial but it not a requirement. Nevertheless, it isn’t the only way to get your divorce concluded. Many cases are resolved by the parties simply reaching a settlement agreement, either with or without the assistance of attorneys. Often this happens as a result of mediation. Parties go to a third-party mediator who assists them in attempting to resolve their case.

Is it necessary to have a legal separation in my divorce situation?

It’s frequently asked whether it’s mandatory for one of the parties to obtain a legal separation prior to a divorce being finalized. As the system works a legal separation and divorce have effectively the same result legally, other than the remaining marital status within the case of legal separation. However what the separation date is can be extremely important because it is a key variable in the division of property.

How long must I pay child support?

Payment of child support in a situation involving children is mandatory until the child reaches the age of eighteen. However if the child is still in high school at the time of the eighteenth birthday, then the support can continue up to age nineteen. Also, when a child’s permanent disability is at issue, the court can order the parents to provide continuing assistance indefinitely.

Is this divorce case ever going to end?

How long a divorce case will last is very unpredictable. Occassionally cases take just a few months, while others take a year or more, with most cases being somewhere in between the two.

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Monterey Divorce

Sunday, February 14th, 2010

This article is about the divorce process in Monterey, California.  Monterey is the county seat of Monterey County.  The courthouse where family law matters are heard is located at 1200 Aguajito Road Monterey, California 93940. The courthouse is open on weekdays from 8:00 a.m. to 4:00 p.m.  The family law cases handled there include dissolution of marriage (divorce), legal separation, annulments, custody and visitation, and all other family law related matters.

Below are a few of the questions that people who are divorcing in Monterey often have.

Do I have to have a trial to get divorced?

While trial is one possible option in a divorce case, it is not necessary Many Monterey residents with a pending divorce case choose to mediation over a contested trial.  Mediation is a non-adversarial, voluntary process where divorcing couples work together with a third party mediator towards an agreement of the issues.

Do I need a legal separation?

Another common issue in a Monterey divorce case is whether it is necessary to actually file for legal separation before getting divorced.  There really is no difference between a legal separation and a divorce, other than your marital status.  The key issue is the date of separation  which is what determines when the community ceases to exist – an extremely important for property division purposes.

How long is child support payable for?

In California a child support payor in a divorce or family law case will pay child support until the child is eighteen years old or, if the child is still living at home and in high school, then until age nineteen. In a case where a child is disabled the court can order one or both parents to continue to support the disabled child who is not self-supporting.

How long does it take to get a divorce?

It is always difficult, if not impossible, to estimate how long a divorce will take.  Some take just a few months while others take well in excess of a year.  The average is probably somewhere in the range of six to twelve months.

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