Areas of Practice

DIVORCE (Dissolution)

Divorce, known also as Dissolution, terminates the marital status of the parties. At least one party must have been residing in California for six months and in the county for three of those six months before a divorce can be filed. The divorce will include orders relating to property division, child custody, allocation of debts and support.

PROPERTY DIVISION

California regards all property and all obligations acquired during marriage as community property, or community debt. As such, the property and debt are generally divided equally between husband and wife. Certain exceptions to the rule include gifts and inheritance, which are considered separate property. Most often, there are factors that complicate property and debt issues, which require careful analysis. Evaluating and allocating business interests, pensions, stocks, intellectual property, contracts, real estate, personal property, art and obligations can be extremely complex.

CHILD CUSTODY & VISITATION

The policy of the law is to order "child sharing", that is in the best interest of the minor children. The court considers certain factors such as, age of children, relationship between child and parent, willingness of each parent to promote the relationship between the child and the other parent. If there is an issue that requires mediation, a conference will be arranged for the parents with a professional mediator. The mediator will make recommendations to the court regarding a parenting plan. Your attorney will help to prepare you for mediation.

RESTRAINING ORDERS

Many times it is necessary for a party to obtain emergency protective and restraining orders. The Law Offices of John F. Anderson have extensive experience in this regard.

SPOUSAL SUPPORT/ALIMONY

The obligation to pay spousal support exists only where there was marriage between the person seeking support and the person from whom the support is sought. When there is disparity between incomes of the parties, then spousal support can be requested. Many factors are considered by the Court before awarding spousal support. The factors used by the Court can be complex and the judge has wide discretion regarding the amount of support ordered and how long it will last. A myriad of other circumstances can also contribute to the complexity of this award.

CHILD SUPPORT

Guidelines for financial support of children in California are provided by law. The guidelines are used for determining the amount of monetary child support one parent should pay to the other. The income of each party and the percentage of time each parent has responsibility for the children create the basis for child support. Childcare expenses are generally an additional cost shared equally by the parents. The parents usually can voluntarily agree to an amount that is not "guideline", but it must meet the needs of the children. Responsibilities for child support continue until the child turns 18 or 19 if still in high school.