In California this process is known as dissolution of marriage. In 1971 California was the first State to institute no fault divorce. There are only two grounds for divorce in California; irreconcilable differences and incurable insanity. The purpose of a dissolution of marriage is to restore the parties to the status of being unmarried. A dissolution of marriage is a legal process by which the parties involved will ultimately obtain court orders to divide the assets and debts they have acquired during their marriage. When the parties have minor children, they are also required to obtain court orders providing for the custody or parenting of their children as well as an order for child support. In many cases an order for spousal support or alimony is also necessary. People go about obtaining these orders in a variety of ways. Sometimes they are able to reach agreements between themselves, without attorneys, and memorialize in writings which become court orders. Other times they require the assistance of attorneys and are able to reach agreements without going to court. Some people are not able to resolve the issues between them and require court intervention. In those cases the parties will have to go to court and after hearing evidence a judge will make a decision which becomes a court order. The amount of time this process takes can vary. It depends upon the complexity of the issues and whether court intervention will be required. The soonest that parties will be able to remarry is six months after the Petition for Dissolution has been filed and served. This does not, however, mean that issues will be resolved within six months as many cases take much longer. By the same token, many cases can be resolved in less than six months. However, even in those cases the dissolution is not “final” until the six months has expired.

Whenever parents are unable to reach an agreement with regard to custody (also known as a parenting plan), California law requires them to first participate in custody mediation. In California, there are two types of custody: legal and physical. “Joint legal custody is the most common form of legal custody. Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. Whether a parent has physical custody is defined by the time the child or children are in that parent’s care.

California law requires that the parents participate in mediation before the court can make any orders for child custody and visitation. Mediation is generally conducted through the Superior Court. If the mediation does not result in the parents reaching an agreement, the court will issue the orders it feels are in the best interest of the children.

Federal regulations require States to maintain child support guidelines. California has what are probably the most complicated child support guidelines in the country. California's Legislature adopted an algebraic formula to calculate child support. Determining the correct amount of child support requires the use of a computer and a software program. In issuing an order for child support a court must make a determination as to each parent’s income as well as the amount of time the child or children spend with each parent. Additionally, each parent will be responsible for paying ½ of the children’s uninsured medical and dental costs as well as ½ of the children’s day care costs. Child support is generally paid via wage assignment.

Spousal support may be ordered where there is a disparity of income between the parties. In making an order for spousal support a court is required to consider a number of facts and circumstances which include, but are not limited to, the needs of each party based upon the standard of living established during the marriage, the length of the marriage and the age and health of each party. Spousal support or alimony is tax deductible to the paying individual and is taxable income to the receiving individual. Spousal support is generally paid via wage assignment.

Support arrears occur where a party fails to pay his or her court ordered spousal support, partner support or child support. There are many enforcement tools which include bank levies, liens against property and contempt proceedings.

When parents are not married, it is possible to obtain orders from a court regarding custody and child support when one parent files a complaint to establish parental relationship.

The purpose of a prenuptial agreement is to serve as a substitute for the disposition of assets which would be imposed by a state upon death or divorce. Parties can also make their own agreements regarding alimony or spousal support.

The purpose of a postnuptial agreement is very much the same as a prenuptial agreement. The prenuptial agreement is signed PRIOR to marriage. The postnuptial agreement is signed AFTER the parties have married.

Mediation is a process when the parties meet with an impartial mediator who assists them in reaching agreements. Read More...

A private settlement conference is a process whereby the parties and their attorneys meet with an impartial professional who assists them resolving issues. Parties who engage in private settlement conferences have generally had high conflict matters before the court and utilize this method of dispute resolution prior to proceeding to trial. Michele Sacks Lowenstein has acted as a settlement conference judge for many years and provides this service to litigants and their attorneys.