legal vs. physical custody
Child Custody

Legal Custody vs. Physical Custody in California

As a parent in California, one of the most challenging situations you can face is a dispute over child custody. The legal system can be complicated, and it’s essential to understand the difference between legal custody and physical custody if you’re involved in a custody battle. This blog post will provide a comprehensive guide to legal and physical custody in California. 

 

Explaining the Difference Between Legal Custody and Physical Custody in California

 

Legal custody is a parent’s right to make decisions on behalf of their child. This can include decisions about the child’s education, medical care, and religious upbringing. On the other hand, physical custody is where a child will reside. It involves having the child primarily living with one parent while the other parent will have visitation rights. Custody can be awarded to one parent, or both parents can share custody.

 

How to Obtain Legal Custody of Your Child in California

 

Obtaining legal custody in California involves filing a petition with the court. The court will typically grant it if both parents agree to legal custody. However, if there is a dispute, the court will have to decide based on the child’s best interests. To prove that you are the better parent to make decisions on behalf of your child, you will need to provide evidence, such as documentation of your involvement in your child’s education, healthcare visits, and any other important decisions made on their behalf.

 

The Benefits of Having Legal Custody of a Child in California

 

Having legal custody of a child in California comes with several benefits. You can make decisions that you feel are in your child’s best interest without consulting with the other parent. This is particularly helpful if the other parent is uncooperative or lacks involvement in the child’s life. It allows you to make sure your child receives the care and support they need, and you can advocate for your child in legal matters.

 

Understanding Physical Custody and Visitation Rights in California

 

Physical custody determines with whom the child spends their time. A parent can have sole physical custody or joint physical custody. In joint physical custody, the child spends time living with both parents at different times, and each parent has significant periods of physical custody. If one parent has sole physical custody, the other parent will have visitation rights, which determine when and how long the noncustodial parent can spend with their child. This can include unsupervised and supervised visitation.

 

What You Need to Know if You’re Seeking Sole Physical Custody of Your Child

 

If you’re seeking sole physical custody of your child, you must understand that it can be complicated. The court must see evidence that you are the best option for the child and that the other parent is unfit to have physical custody. This can include providing evidence of the other parent’s inability to care for the child or evidence of neglect or abuse. It’s essential to have an experienced family law attorney representing you in court to help protect your child’s best interests.

 

The Pros and Cons Of Sharing Joint Physical Custody Of Your Child In California

 

Joint physical custody can be a beneficial solution that allows both parents to share the responsibility of raising their child. It can also allow the child to bond with both parents and maintain a stable relationship with each. However, there are some downsides to having joint physical custody. Scheduling, communication, and relocation can cause issues with joint physical custody, and it can be challenging to decide when it’s time to change custody arrangements if it’s not working.

 

If you are involved in a custody dispute in California, it’s essential to have an experienced family law attorney representing you. At the Law Offices of Judy L. Burger, we understand the complexities of child custody cases. We will fight to protect your rights as a parent and obtain the best possible outcome for your situation. Contact us today to schedule your initial consultation.

child custody
Child Custody

5 Tips for Navigating the Difficult Journey of Child Custody

Child custody is a difficult and emotional journey many parents face. This process can be particularly overwhelming and daunting if you’re unfamiliar with the legal system, state guidelines, and the complexities of each type of custody arrangement. Whether you’re going through a divorce or separating from your partner, preparing yourself for the challenging road ahead is essential. This blog post will share five essential tips for navigating the difficult journey of child custody and making it as smooth and seamless as possible.

 

Understand the Different Types of Child Custody Arrangements

 

Before you begin the child custody process, it’s important to understand the different types of custody arrangements available. In general, there are two main types of custody: legal custody and physical custody. Legal custody refers to the right to decide on your child’s education, healthcare, and welfare. On the other hand, physical custody refers to the child’s residence and with whom they live. Within these two main categories, there are a variety of custody arrangements, including joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Understanding these different arrangements is vital to help you make an informed decision about which arrangement may be best for your family.

 

Follow the State’s Guidelines for Child Custody Agreements

 

Each state has its guidelines and laws regarding child custody. As such, you must familiarize yourself with California’s laws and policies if you live in the state. Understanding these rules will help you navigate the custody process more confidently and adhere to all legal requirements. For example, in California, the court will consider several factors when determining a child’s best interests, including the child’s safety, well-being, and how involved each parent is in the child’s life.

 

Know Your Rights and Responsibilities

 

As a parent, you have both rights and responsibilities when it comes to your child. It’s important to understand both of these aspects fully so that you can go into the custody process confidently and clearly understand your role. For example, you have the right to spend time with your child and make decisions regarding their care, but you also have a responsibility to provide financially for your child and ensure their safety and well-being.

 

Create a Co-Parenting Plan with Your Ex-Partner

 

One of the biggest challenges of child custody is co-parenting with your ex-partner. Creating a co-parenting plan that outlines how you and your ex-partner will share custody and make decisions regarding your child is essential. This plan should include a schedule for visitation, guidelines for communication, and how you’ll handle disputes or disagreements that may arise in the future. By creating a solid co-parenting plan, you’ll be able to avoid potential conflicts and make the custody process as smooth as possible for your child.

 

Know the Importance of Putting Your Child’s Needs First

 

Ultimately, the most critical aspect of child custody is putting your child’s needs first. Your child’s well-being should be the top priority during this process, and you should make decisions in their best interest. This means putting aside your own feelings or desires and focusing on what is best for your child’s safety, health, and overall well-being.

 

By following these five essential tips, you can confidently navigate the process and make decisions that are in your child’s best interest. It’s also important to reach out to legal professionals who can provide guidance and support throughout the process. If you’re currently going through a custody battle and need legal assistance, don’t hesitate to contact us at the Law Offices of Judy L. Burger. Our team of experienced professionals can help ensure that your legal rights are protected and that you feel confident and prepared as you navigate this difficult time.
spouses
Spousal Support, California Divorce

Spousal Support When Both Spouses Work

It’s becoming increasingly common for both spouses in a marriage to earn an income. However, when a couple decides to divorce, spousal support can still be awarded, even in dual-income households. Spousal support is a payment made by either spouse to the other to support their living standard after divorce. But how does spousal support work when both spouses work, and what factors affect the amount of support awarded? This blog post will explore the ins and outs of spousal support in California, specifically in dual-income households.

 

What is Spousal Support, and Who is Eligible for it in a Dual-Income Household?

 

Spousal support is a financial payment one spouse makes to the other after separation or divorce. The purpose of this payment is to help support the lower-earning spouse and allow them to maintain the lifestyle they had during the marriage. In California, the court will consider several factors when determining if spousal support is appropriate, including:

 

  • Each spouse’s income
  • The duration of the marriage
  • The age of both parties
  • The standard of living during the marriage
  • Each spouse’s physical and emotional health
  • The financial needs of each party
  • The division of property in the divorce settlement

 

Considering the Tax Implications of Spousal Support Payments

 

For the party paying spousal support in a dual-income household, it’s essential to understand the tax implications of these payments. In California, spousal support payments are tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, this rule only applies if the payments are court-ordered. If spouses agree to an amount outside of court, those payments are not tax-deductible for the payor.

 

Factors Courts Consider When Deciding Spousal Support Amounts

 

The amount of spousal support awarded in a dual-income household will vary depending on the individual circumstances of the case. The court will consider the needs of the spouse receiving support and the ability of the other spouse to pay. In California, spousal support is generally calculated by taking 50% of the paying spouse’s net income, then subtracting 40% of the receiving spouse’s net income. However, this is only a guideline and doesn’t consider other factors, such as child support payments and the impact of taxes.

 

Modifying Spousal Support When One Partner Gets a Raise or Promotion

 

If the court already awarded spousal support payments in the divorce settlement, they could be modified if there is a significant change in the circumstances of the spouses. For example, if one spouse gets a raise or promotion, the court can re-evaluate the amount of spousal support. The party requesting the modification must show that the change in circumstances is significant and ongoing.

 

Pros and Cons of Receiving or Paying Spousal Support

 

There are pros and cons to consider when receiving or paying spousal support in a dual-income household. For the receiving spouse, spousal support can help maintain their standard of living and provide financial security. However, it can be a financial burden for the paying spouse, especially if they already support themselves and any children from the marriage. It’s important to discuss the pros and cons of spousal support with an experienced family law attorney.

 

Commonly Misunderstood Aspects of Spousal Support Laws


Spousal support laws can be complicated, and there are several misconceptions about the topic. For example, spousal support is not guaranteed in every divorce case, and there is no set formula for calculating the amount. Additionally, spousal support payments can be tax-deductible for the paying spouse, but only if they are court-ordered.

 

If you are considering divorce and spousal support is a concern, contact our experienced family law attorneys today. We at the Law Offices of Judy L. Burger have the knowledge and expertise to help you navigate California’s complex spousal support laws, and we will work tirelessly to ensure your rights are protected. 

disability
Child Support

Can Child Support be Taken From Disability?

It is already a daunting task for a noncustodial parent to pay child support to the custodial parent. The burden becomes even heavier for those who are disabled and heavily rely on disability payments. Many wonder if somebody can take child support from disability, and if so, what their options are. This blog post will cover all the necessary information you need to know about this matter. 

 

Explaining What Child Support Is and How It Works 

 

Child support is a regular monetary payment the noncustodial parent makes to the custodial parent who cares for the children. The amount the noncustodial parent pays is typically determined by state law, based on the child’s needs and the noncustodial parent’s income. California determines child support by a guideline calculation, which is based on the income of both parents, time spent with the children, and other factors. 

 

Can Disability Payments be Garnished for Child Support Obligations 


Disability payments can be garnished for child support obligations. Disability benefits are considered income, and if the noncustodial parent is not meeting their child support obligation, the custodial parent can seek to garnish the noncustodial parent’s disability benefits. 

 

What Are the Exceptions to Garnishing Disability Benefits for Child Support Payments 

 

There are a few exceptions to garnishing disability benefits for child support payments. If the disabled parent’s income does not exceed the minimum threshold allowed under federal law, they will not garnish. Additionally, certain disability benefits, such as Supplemental Security Income (SSI), cannot be garnished for child support. 

 

How to Protect Your Disability Benefits from Being Taken for Child Support  

 

If you are disabled and receive disability benefits but also have child support obligations, there are a few ways to protect your disability benefits from being taken for child support. One option is to work with the court and the custodial parent to modify your support order to take your disability benefits into account. Another option is to request a hardship exemption through the court, which may reduce or eliminate your child support obligation. 

 

What to Do If You Feel Your Rights are Being Violated and Your Benefits are Being Taken Unlawfully 

 

If you feel like your rights are being violated, and your benefits are being taken unlawfully for child support obligations, you should immediately contact a family law attorney. An attorney will review your case and help you file a motion to modify your support order or request a hardship exemption. 

 

Questions to Ask a Family Law Attorney About Child Support and Disability Payments 

 

When seeking out the assistance of a family law attorney, there are several questions to keep in mind. You may want to ask your attorney about how child support is determined in California, whether California can garnish disability benefits for child support, and what options are available to protect your disability benefits from being taken. You also may want to ask about the attorney’s experience and success rate in handling cases involving child support and disability payments. 

 

Choose Us as Your California Family Law Attorney 

 

If you are struggling with child support obligations and disability benefits, having a qualified and experienced family law attorney in your corner is essential. At the Law Offices of Judy L. Burger in California, we have a team of skilled attorneys who are dedicated to helping clients navigate complex family law matters. We have experience in handling cases involving child support and disability payments, and we are committed to fighting for our client’s rights. Contact us today for a consultation, and let us help you find the best solution for your unique situation. 

Child Custody
Child Custody

Sharing Child Custody in California During the Summer

For kids, summer break can be a welcome relief from the daily demands of school and extracurricular activities. For divorced parents, the end of the school year often involves adjusting to a new co-parenting routine. Although there may be challenges, sharing child custody in California during summer doesn’t have to be stressful for you or your kids.

Check Your Child Custody and Visitation Orders

When you created your custody and visitation orders, you and your ex most likely included terms that set out how you would share legal and physical custody in the summers. Before your summer schedule begins, reviewing these orders and familiarizing yourself with the expected terms may be helpful. That way, you can start preparing before the changes take place.

Ideally, you and your California child custody attorney will have taken the time to develop custodial provisions that are suited to your family’s needs. If that is not the case, or your circumstances have changed, you may need to schedule an appointment with your California child custody lawyer to review these issues and determine if you need to modify your orders.

Check-In and Communicate with Each Other

You and your ex checking in with each other on your respective summer plan may help you minimize conflict. It may be that one or both of you would like to travel with your children. As parents, it’s important to communicate with one another regarding where your children will spend time. Keeping each other in the loop may help alleviate concerns and support your co-parenting dynamic.

Be Flexible When Possible

When California child custody and visitation orders are created, the terms are typically based on the parties’ needs and circumstances at the time. However, unlike these orders, families and their requirements tend to change. It may be that when your orders were created, your family did not anticipate traveling out of state in the summer. Fast forward a few years, and one of your children may have extensive summer team commitments both in and out of state. Likewise, a parent may want to travel with the kids during a time when the other has physical custody. Depending on the circumstances, you and your ex may need to revisit the agreement and make adjustments. When parents can be together and be flexible when reasonable, it helps support the co-parenting dynamic and minimize stress for the children.

Remember, It’s Not a Contest

Sometimes parents get caught up trying to outdo one another to entertain the kids during the summer. It’s important to remember that you and your ex are not in competition. Your kids want to spend time with each of you, whatever that looks like. It may help to recognize that the time your spend together is about connecting as a family and not doing more than their other parent.

Maintain Boundaries and Spend Quality Time Together

Summer can be a more casual and relaxed time for families. There can also be more opportunities to talk to and around your kids. Just as during the school year, it’s important to maintain boundaries and not disparage the other parent in the presence of the children. You also want to work with and not against the other parent when it comes to establishing and keeping certain ground rules in place. For example, you and your ex may want to discuss bedtimes, electronics, and suitable entertainment and see if you can get on the same page. Otherwise, you or your ex may run into situations where the kids operate under vastly different rules in each parental home. Everything doesn’t have to be the same, but it may help you, your ex, and your kids if you can keep things consistent.

Contact a California Child Custody Attorney

Sometimes, it’s best for everyone if parents formally modify their child custody orders. If you believe that your orders need to be changed or updated, you should consult with an experienced California child custody attorney. The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

paternity
Child Support, Child Custody

How Does Paternity Work in California?

How does paternity work in California? In California, generally, when a child is born to a husband and wife, the husband is presumed to be the child’s father. If a child is born to a woman who does not have a husband, there may be a question as to who is the child’s legal father. In this situation, it may be necessary to establish the child’s paternity.

How do you Establish Paternity in California?


In California, establishing paternity involves having a court make a legal determination as to who is the father of a child.

Generally, there are two ways to establish paternity in California: Voluntarily or through a formal legal process.

1) Voluntary Declaration of Parentage—unmarried parents can sign a voluntary declaration of parentage form to establish a child’s paternity. To be valid, the declaration must be signed by both parents, in the presence of a notary public or certain other individuals, and filed with the appropriate California state office.

2) Petition to Determine the Parental Relationship—when the parties do not agree on paternity, someone seeking to establish paternity can file a petition to determine the parental relationship.

Once the petition to determine the parental relationship is filed, the petitioning party must serve the other and include certain required documents. The other party will then be given time to file a response. The case will be scheduled, and in all likelihood, the male party will be ordered to undergo genetic testing to determine whether he is the child’s father.

Who Can File a California Paternity Action?


The California Law provides that a paternity case may be initiated by:

· A man who believes that the child at issue may be his biological child

· The child’s mother

· The child (age 12 and older)

· The child’s representative

· Certain agencies

· Any other interested party

Without a formal paternity determination, someone alleged to be the child’s father will not be obligated to pay support or have custodial rights. In addition to custody, child support, and visitation, establishing parentage is important because it will allow a child to inherit from their parent and be eligible for certain government benefits. In addition, the child can access family and medical records, have health coverage through their parent, and be named a life insurance beneficiary.

Paternity cases can become contentious, especially if a party is denying parentage. Once paternity is established, the legal parents will then have to manage child support and legal and physical custody. In this situation, it’s in your best interest to work with an experienced California family law attorney throughout the process. Your and your California family law lawyer can review the facts and determine your next steps. In addition, your counsel can help you plan for support, custody, and visitation issues.

Contact a California Family Law Attorney


The attorneys at the Law Offices of Judy L. Burger are experienced California family law attorneys who can answer your questions about paternity and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

putative spouse
Marriage

What is a Putative Spouse?

Depending on where you live, you may or may not have to follow formal steps to be considered married. In California, however, certain legal requirements must be met for a couple to be considered legally wed. Generally, if a California couple does not meet these requirements, they will not have the same legal protections and rights as those who are married. One possible exception is when there is a putative spouse. So, it’s important to know: What is a putative spouse?

What is a Putative Spouse? 

A putative spouse is a person who has a good faith belief that they have been living with another person as their married partner. In California, the law recognizes the rights of a person who meets this definition.

What Rights Does a Putative Spouse Have in California?


Under California Law, someone determined to be a putative spouse will have the same rights as someone legally married. This means that when the relationship is ending, a court can make decisions regarding property division, child custody, and spousal support just as it could in a California divorce, legal separation, or dissolution of a domestic partnership.

Does it Matter if the Marriage is Voidable?

There are numerous reasons that a marriage may be voidable. For instance, suppose a couple married when one partner was already married. In that situation, a spouse may believe themselves to be legally married but actually be in a voidable marriage. Likewise, a couple may go through a marriage ceremony believing they have met all California legal requirements, only to learn later they were mistaken;

in these and other situations where a spouse believes in good faith that they are married, the court may grant the individual putative status.

How Does a California Court Determine Good Faith?

Good faith is generally shown by the party’s actions and can be evaluated from the perspective of a reasonable person. A court will examine the evidence and determine whether a reasonably prudent person would have believed themselves to be married under the same circumstances.

A California court will look at similar facts as another state might examine to determine if a common law marriage exists. For instance, if a couple identifies themselves to others as married and completes official documents such as tax and life insurance forms representing themselves to be married, the court can take this into consideration.

What Happens Without a Putative Designation? 

If one or both partners learns their marriage is invalid, the couple may have the option of having it annulled. However, an annulment does not confer the same rights as would be granted to a putative spouse. In an annulment, if there’s no putative spouse, a judge can’t divide your property and debts or order spousal support. When a party is granted putative status, the assets, debt, and property acquired during their marriage will be divided as community property, and spousal support may be ordered. Putative spouses also have intestate succession rights to their former partner’s estate.

If you have concerns that your marriage is not valid, it’s essential that you consult with an experienced California family law attorney as soon as possible. You and your California family law lawyer can review your circumstances and determine your next steps. If you are granted putative status, your attorney can help you with property division, child custody, support, and the other issues in your case.

Contact a California Family Law Attorney Today


The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your child custody issues. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

California Divorce
Uncategorized, California Divorce

5 Things You Need to Know About California Divorce

Ending a marriage can be extremely stressful, especially when unsure of what to expect during your divorce. One way to help minimize stress is by learning about California divorce before your case begins. Here are 5 things you need to know about California Divorce:

1) Divorce is an Emotional Process with Legal Consequences

Divorce can be one of the most emotionally difficult experiences a person may have during their lifetime. For many spouses, engaging in the process will involve making an abrupt and painful transition from being partners to becoming legal adversaries.

Divorce impacts virtually every area of a person’s life, and emotions can run high. At the same time, the choices you make during your California divorce can have significant long-term legal implications. It’s important to recognize that the pain and stress of the situation can influence your decision-making. Under these circumstances, having the advice and advocacy of an experienced California divorce attorney is crucial. Your divorce lawyer can help you evaluate your case from a neutral perspective and provide the guidance you need to make informed decisions.

2) California is a No-Fault Divorce State

When a marriage ends, it’s not uncommon for one or both partners to believe that the other is to blame. You may be getting divorced because your ex had an affair, was violent, or was emotionally unavailable. Although these are valid reasons to leave a marriage, they are not legal grounds for a California divorce. The reason is that California is a no-fault divorce state.

That means that a California couple can get divorced without having to prove that one or both of them are responsible. The law also does not provide a basis to allege that anyone was to blame.

Essentially, all that is required is for one party to plead that the couple has irreconcilable differences. However, that does not mean a spouse’s adultery or domestic violence is irrelevant during divorce. To learn more about how your ex’s conduct may impact your divorce, you should consult with an experienced California divorce attorney.

3) No One “Wins” a Divorce Case

Sometimes, spouses can get caught up in trying to “win” their divorce case. This can look different for different people. In some cases, exes may fight one another on seemingly every decision during their divorce just for the sake of getting their way. In others, one or both may have unreasonable expectations of getting all or most of the couple’s shared assets.

These types of disputes are often fueled by resentment and pain and have more to do with punishing the other person than getting through the divorce. Divorce cannot make things even or bring a sense of justice to your situation. Instead, your California divorce will involve finding a way to divide your assets equitably, deciding custody based on what is in the children’s best interest, and, if applicable, determining appropriate support. No one “wins” a divorce case, but with the right counsel and approach, navigating the process and obtaining equitable results is possible.

4) California is a Community Property State

Another important thing to know about California divorce is that California is a community property state. This means that, outside of certain limited exceptions, what spouses earn and acquire during their marriage belongs to each person equally. For example, if you bought a house in your name only

during your marriage and used community funds to make the purchase, your spouse will probably have equal ownership rights to the dwelling. Likewise, each of you will have a community interest in the other’s retirement accounts for contributions made during the marriage.

However, there can be circumstances when spouses can agree not to divide community assets. In addition, resources acquired before marriage, inherited, and gifted property are not generally community property. You and your California divorce attorney can evaluate your assets and determine how community property law will apply to you and your circumstances.

5) California Family Courts Favor Shared Custody

Child custody can be one of the most contentious issues during a California divorce. The divorce court is charged with making decisions that are in the best interest of minor children during this type of case. Outside of evidence that a parent is unsafe or not involved in a child’s life, the court will generally favor joint (shared) custody.

There are two types of child custody in California—legal and physical. Legal custody refers to a parent’s right to make decisions regarding their child’s upbringing. Physical custody is about a parent having the right to have their child with them. When parents are safe and appropriate, California courts presume that joint legal and physical custody is in the child’s best interest.

California divorce can be complex, and it’s vital that you get the information you need regarding every stage of the process. If you are involved in or considering divorce, you should consult with an experienced California divorce attorney. Your California divorce lawyer can explain how your case will work, help you analyze the evidence, and navigate your case.

Contact an Experienced California Divorce Attorney


The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you before, during, and after your divorce. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.
Understanding Transmutation During Your California Divorce
California Divorce

Understanding Transmutation During Your California Divorce

When a California couple divorces, one of their primary tasks will be determining how to divide their property. In some cases, a couple’s assets may be subject to a transmutation agreement. If your California divorce concerns transmutation, knowing how this type of contract may affect your case is important. Here is more on understanding transmutation during your California divorce.

California Community and Separate Property

Community Property

In California, the income and assets a couple acquires during marriage are presumed to belong to each spouse equally. These shared assets are known as community property. During a divorce, each person will have an equal ownership interest in these jointly-owned resources.

Separate Property

Outside of certain limited exceptions, what a person owns before marriage belongs solely to them. These premarital assets are known as separate property. During a divorce, separate property generally remains the possession and responsibility of the owning spouse.

Although property may be deemed community or separate, there can be circumstances when spouses may decide to enter into an agreement that changes how these assets will be treated. One way to accomplish this is through a transmutation agreement.

What is a Transmutation Agreement?

Transmutation refers to the conversion of property ownership. A California transmutation agreement is a legal contract that can be used to convert community property into separate property and vice versa. This type of agreement can also be used to transfer assets between spouses.

When are Transmutation Agreements Used?

Spouses use transmutation agreements to establish who has certain ownership interests. Unlike a prenuptial agreement, which couples enter into before marriage, this document is developed and executed after marriage and therefore is considered to be a postnuptial agreement.

What do Transmutation Agreements Do?

When a married couple enters into a transmutation agreement, they change the legal ownership of the property to either community (owned 50/50) or separate (belonging to one spouse). Without a California transmutation agreement, assets and income acquired by the couple during the marriage would be presumed to be community property. Likewise, outside of certain limited circumstances, property owned by one spouse before marriage would continue to be their separate property.

Why Would a Couple Use a California Transmutation Agreement?

Transmutation agreements provide a way to establish and clarify ownership. A couple may elect to use a California transmutation agreement to minimize the possibility of conflict over assets during divorce. There may also be certain tax benefits or other reasons for this decision. In some cases, a transmutation agreement may also be used for estate planning purposes. For example, one spouse may want to designate their inheritance as a community asset, which would normally be separate property.

Transmutation Agreement are Legal Contracts

It’s important to know that a transmutation agreement is a legal contract with significant implications. As with any contract, the document must be entered into knowingly by both parties in order to be binding. If there is evidence that a spouse was forced or tricked into signing the agreement, it may be considered void. In addition, these contracts may impact an individual’s tax liability.

Transmutation agreements can be complex and have a significant impact on those who are subject to the agreement. Someone who wants to use this type of postnuptial document should consult and work with an experienced California family law attorney. Your lawyer can help you evaluate your assets and determine the best ways to meet your goals.

Contact a California Divorce Attorney

Do you have questions regarding a transmutation agreement or other divorce issues? The attorneys at the Law Offices of Judy L. Burger are experienced family law attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

 

Can I Get my California Marriage Annulled?
California Divorce

California Annulment: Can I Get my California Marriage Annulled?

California Annulment:  In California, a couple can end their marriage by divorce and, in some cases, through annulment. Although it may seem as if the requirements should be the same, there are some important distinctions under the law. So, if you are considering legally ending your marriage, you may be wondering: Can I get my California marriage annulled? 

What is an Annulment?

A divorce is a legal end to a marriage. An annulment is the voiding of a marriage. The effect of an annulment is to treat a marriage as if it had never existed. However, annulment is limited to specific circumstances.

Grounds for a California Annulment

In California, a person seeking to annul their marriage must meet certain requirements. There are numerous grounds that can be named in a petition for annulment, including:

Age: The party who commences the proceeding or on whose behalf it is commenced was under 18 when wed, and it wasn’t legal to marry.

Bigamy—When a spouse is already married to someone and marries again, the second marriage is considered invalid.

Tricked—If a spouse was tricked into marrying, they may have grounds to annul the marriage.

Incapacity—Either party was of unsound mind at the time of marriage unless the party of unsound mind, after coming to reason, freely cohabited with the other as their spouse.

Fraud—The consent of either party was obtained by fraud unless the party whose consent was obtained by fraud afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as their spouse.

Duress—The consent of either party was obtained by force unless the party whose consent was obtained by force afterward freely cohabited with the other as their spouse.

Physical Incapacity—At the time of marriage, either party was physically incapable of entering into the marriage state, and that incapacity continues and appears to be incurable.

Relationship—Marriage between people who are related within a certain degree is void as a matter of law and, therefore, can be annulled.

How Long Do I Have to Get an Annulment?

Generally, a person who can file for an annulment has four years to do so. However, the timeframe for seeking this remedy depends on the reason for the annulment. If you believe you have grounds to seek an annulment, you should contact an experienced California family law attorney to review your case and determine the applicable statute of limitations.

The Annulment Process

Someone seeking a California annulment will follow a similar process to seeking a divorce. First, the party will file a petition and complete the designated form. Once they have provided the requisite information, the party will serve their spouse. If the couple has minor children, the petitioning party will file a Declaration Under Uniform Custody Jurisdiction and Enforcement Act.

Once the proper documents are filed, the matter will be set for a hearing. During the hearing, the court will hear evidence of your reasons why the petitioning party believes their petition should be granted. If the court grants the annulment, the marriage will be considered void. Those with children will also need to develop custody and support terms.

Contact a California Divorce Attorney

The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can answer your questions about annulment and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.