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Family Law
Marriage and Divorce
(Chapters 25 and 26)
2013 version
1
I am not an attorney.
2 of 245
I am a high school teacher
in California.
I am just trying to teach family law
concepts to ...
Family Law Agenda
• Marriage
• Family Relationships
• How property is owned in a marriage
– If a married couple buys a car...
Marriage in California—4 steps
1. Fall in love with someone
2. Be a responsible, mature person at least 18
years old
3. Ge...
Marriage, Step 1
5
Marriage, Step 1
Fall in love with someone
6
Marriage, Step 1
Fall in love with someone
Not in like
Not in “good enough”
Not in “he picked me”
Not in infatuation
Not i...
Some states do not allow
same sex marriage.
8 of 245
Only a few states allow
same sex marriage…
9
13 same-sex marriage states (as of August 2013)
• Rhode Island
• Connecticut
• New York
• Maryland
• Delaware
• Washington...
Marriage, Step 2
Be a responsible, mature
person at least 18 years old
Under 18 is allowed with:
(a) parental permission
(...
You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
12
You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
Marriages ...
You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
14
You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two ...
You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two ...
To get married in California
17
To get married in California
You do not have to live in California
18
To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
19
To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
You do not h...
21
What is “incestuous marriage”?
22
What is “incestuous marriage”?
The crime of marrying
someone who is related
to you by blood.
23
If you are married to two people at
the same time, you are guilty of
the crime of _____________
24
If you are married to two people at
the same time, you are guilty of
the crime of _____________Bigamy
25
done!
26
Marriage, Step 3
Get a marriage license
California requires a marriage license and a
ceremony—so do 38 other states.
27
Marriage, Step 3
Eleven states allow people to be married just by
saying they’re married and acting like they’re
married.
...
Marriage, Step 3
“Common Law” marriage.
29
Marriage, Step 3
Does California allow “common law” marriage?
30
Marriage, Step 3
Does California allow “common law” marriage?
31
Marriage, Step 3
What does “common law” marriage mean?
32
Marriage, Step 3
What does “common law” marriage mean?
You are married just by
telling people that you
are, and living lik...
Marriage, Step 3
Do any
nearby states
allow
common law
marriage?
34
Marriage, Step 3
Do any
nearby states
allow
common law
marriage?
COLORADO
MONTANA
IOWA
KANSAS
OKLAHOMA
UTAH
TEXAS
35
Marriage, Step 3
Get a marriage license
36
Marriage, Step 3
Get a marriage license
Three types of marriage licenses in California:
1.Public Marriage License
2.Confid...
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
38
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone ca...
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone ca...
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone ca...
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone ca...
Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone ca...
Confidential Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is NOT open to the p...
Non-denominational Marriage License
A Public Marriage License for religious societies that do not
have a person designated...
Marriage, Step 3
Get a marriage license
(a) Fill out online Application
for Marriage License
https://shadow.saccounty.net/...
Marriage, Step 3
Get a marriage license
(b) Both the future
bride and groom must
go together to the
county clerk’s office ...
Marriage—Step 4
Have a ceremony.
Sign the marriage license.
Witness signs too.
48
Marriage—Step 4
The person
performing the
ceremony mails
the marriage
license back to
the county
clerk’s office.
49
Family Relationships
50
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
51
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
52
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
siblings
53
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
54
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
cousins
55
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
56
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
second cousins
57
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
58
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
third cousins
59
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
60
Handout
61
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joe is my…
62
Joe is my… brotherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
63
Alice is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
64
Alice is my… motherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
65
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Kim is my…
66
Kim is my… daughterTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
67
Al is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
68
Al is my… nephewTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
69
Ann is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
70
Ann is my… sister-in-lawTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan J...
Ron is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
72
Ron is my… grandsonTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
73
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
74
Ann is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
75
Ann is my… auntTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
76
Dave is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
77
Dave is my… uncleTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
78
Tim is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
79
Tim is my… cousinTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
80
Uma is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
81
Uma is my… 1st cousin
once removed
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma...
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
83
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
84
Uma is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
85
Uma is my… second cousinTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan J...
Mary is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
87
Mary is my… grandmotherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Jo...
Joe is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
89
Joe is my… great uncle
(grand uncle)
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy U...
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my…
91
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my… second c...
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
93
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my…
94
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my… third co...
Handout
96
Family Law--Marriage
97
Family Law--Marriage
• You cannot marry someone who is related to
you by blood.
• This is called “related by consanguinity...
99
What crime is committed if a person
marries two wives?
100
What crime is committed if a person
marries two wives?
Bigamy
101
What piece of paper allows a man and
woman to get married in California?
102
What piece of paper allows a man and
woman to get married in California?
Marriage License
103
done!
104
Marriage is a contract
105
Marriage is a contract
• The contract comes in to existence when the
couple is engaged.
• The contract is executed when th...
Married people have duties
107
Married people have duties
• The duty to provide mutual respect
• The duty to be faithful
• The duty to provide support
• ...
Married people have rights
109
Married people have rights
• The right to be supported when necessary
• The right to file a joint tax return
• The right t...
111
Can people of the same sex get
married in California?
112
Can people of the same sex get
married in California?
113
Can you get a marriage license through
the mail?
114
Can you get a marriage license through
the mail?
No, the future bride
and groom have to
pick up the marriage
license in pe...
Where can you go to pick up your
marriage license?
116
Where can you go to pick up your
marriage license?
County Clerk’s
office
117
done!
118
Property owned by married people
119
Property owned by married people
Equitable
Distribution
states
Community
Property
states
120
Community property state
All property is owned 50/50 by both spouses no
matter which spouse really “earned” it.
If propert...
California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
122
California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
123
California
Is a “Community Property” state
Requires a marriage license and a ceremony
Allows same sex marriage
124
Nine states are “Community Property” states
All other states are “Equitable Distribution” states
125
Community Property states
Washington
Idaho
Nevada
California
Arizona
New Mexico
Texas
Louisiana
Wisconsin
126
Property owned by married people
Equitable
Distribution
states
Community
Property
states
127
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A...
136
How are a public marriage license and a
confidential marriage license the same?
137
How are a public marriage license and a
confidential marriage license the same?
Both are good for
90 days
138
What does “related by
consanguinity” mean?
139
What does “related by
consanguinity” mean?
Related by blood
140
done!
141
Property owned by married
people in California
142
Property owned by married
people in California
Separate
property
Community
property
143
Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receiv...
Separate property
• Things that you owned before you were married
145
Sarah owned a car
before she got
married.
The car is...
Separate property
• Things that you owned before you were married
• Things you inherit from your family
146
Separate property
• Things that you owned before you were married
• Things you inherit from your family
147
Kelly is marri...
Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receiv...
Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receiv...
Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receiv...
Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receiv...
Community property
152
Community property
Except for separate property, all property that
married people accumulate.
153
Community property
Except for separate property, all property that
married people accumulate.
154
Tom and Lena,
a married ...
Community property
Except for separate property, all property that
married people accumulate.
155
Jim and Ruth
ran up $8,0...
Community property
Except for separate property, all property that
married people accumulate.
156
Lisa and Hunter, a marri...
Property can be transmuted
Separate
property
Community
property
157
Property can be transmuted
Separate
property
Community
property
158
You can change your separate property into
community p...
Property can be transmuted
Separate
property
Community
property
159
Nancy, who owned a
house before she
married Todd, had ...
160
My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
161
My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
You can...
done!
163
Premarital agreement
Future bride and groom
write up a paper to
decide how their
property will be
divided in case of…
well...
Premarital agreement
• Must be in writing.
• Must be signed by
both future bride and
groom
• Becomes effective
upon marria...
Things that might be mentioned in a
premarital agreement:
• What should happen to personal or real
property upon separatio...
Premarital Agreement
167 of 245
If Linda, who has three children, marries Darrin
and later dies, all she owns will go to D...
168
What do you call a state that
allows people to be married
without a license or a ceremony?
169
What do you call a state that
allows people to be married
without a license or a ceremony?
Common Law State
170
Where are most of the states that
allow same sex marriage?
171
NY
Where are most of the states that
allow same sex marriage?
in New England MAINE
172
Give me an example of what
“separate property”
might be.
173
Which do you think is better: a
community property state or an
equitable distribution state?
Why?
174
done!
175
Ending a marriage
176
Ending a marriage
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. D...
Ending a marriage agenda:
Here’s what we’ll learn about…
1. Legal separation
2. Death
3. Annulment
4. Dissolution
178
You can end a marriage
without ending it.
179
Ending a marriage without ending it:
Legal Separation
180
Legal Separation
• Ends the community property
relationship to your spouse.
• Let’s you both go your separate
financial wa...
Legal Separation
Just like a divorce…
You are asking a judge to:
1. Divide your community property
2. Decide who will pay ...
Legal Separation
If you remain
married, why
would anyone
want a legal
separation?
183
Reasons for a legal separation
184
Reasons for a legal separation
Religious reasons
It may be against a
spouse’s religion to
divorce.
185
Reasons for a legal separation
Financial reasons
A sick husband may
want to stay married
to stay on his wife’s
medical ins...
Reasons for a legal separation
Government Benefits reasons
Staying married for 10 years allows a spouse to
receive Social ...
Reasons for a legal separation
Residency problem reasons
Legal separation does
not require you to live
in California.
(Dis...
Reasons for a legal separation
Reconcile reasons
A spouse may need time
to decide if dissolution
is the right thing to do....
People who are legally separated
cannot marry anyone else.
190
People who are legally separated
cannot marry anyone else.
(They are still married.)
191
192
Does California allow
“Legal Separation”?
193
Does California allow
“Legal Separation”?
Yes, of course!
194
Is California a community property
state or an equitable distribution
state?
195
Is California a community property
state or an equitable distribution
state?
Community
property state
196
done!
197
Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Co...
Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Co...
Death of a spouse ends a marriage
(You can’t be married to someone
who is not living.)
200
Death of a spouse ends a marriage
Property of the deceased spouse
passes to the living spouse
201
202
You are married. Your mother
gives you $50 for your birthday. Is
this money community property?
203
You are married. Your mother
gives you $50 for your birthday. Is
this money community property?
No, gifts are
separate pro...
done!
205
Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Co...
Annulment
Marriage declared not to have ever happened.
The process of declaring that a marriage never
happened is called a...
Annulment
You are asking a judge to:
1. Declare your marriage void.
2. Divide your community property
3. Decide who will p...
Reasons for an annulment
Polygamy
I discovered that she was still married to Bill
when we got married. I want an annulment...
Reasons for an annulment
Consanguinity
We discovered that we are aunt and nephew.
I want an annulment.
Annulments are very...
Reasons for an annulment
Under Age
I’m really only 17 years old. I want an annulment.
Annulments are very rare.
211
Reasons for an annulment
Fraud
She told me she could have children but after
we were married she admitted that she can’t.
...
Reasons for an annulment
Fraud
He only wanted to marry me to get a green card
and live in the United States. I want an
ann...
Reasons for an annulment
Force
I was kidnapped or in some other way
unreasonably forced to marry him. I want an
annulment....
Reasons for an annulment
Unsound mind
I was drunk or otherwise unable to understand
what I was doing. I want an annulment....
216
You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have...
You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have...
You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of ju...
You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of ju...
What is a
“common law marriage”?
221
What is a
“common law marriage”?
Marriage without a
marriage license or a
ceremony
222
done!
223
Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Co...
Dissolution
California does not have “divorce”
California has “dissolution”
Your marriage “dissolves”
225
Dissolution
In an argument, though, it just doesn’t
have the same effect to yell…
226
Dissolution
In an argument, though, it just doesn’t
have the same effect to yell…
“I want a dissolution!”
227
Dissolution
If your spouse wants a dissolution, you
can’t stop them.
228
Dissolution
If your spouse wants a dissolution, you
can’t stop them.
California will not force anyone to stay
married if t...
Dissolution
If you can’t stop a dissolution, why do
spouse’s fight about it?
230
Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide ...
Dissolution
California is a “no-fault” divorce state.
You do not need a reason to justify
asking for a dissolution.
232
Reason for Dissolution
Everyone must use the same reason for
asking for a dissolution in California…
233
Reason for Dissolution
Everyone must use the same reason for
asking for a dissolution in California…
“Irreconcilable diffe...
Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Grounds...
Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Irrecon...
237
How many months do you have to
live in California before you can get
married in California?
238
How many months do you have to
live in California before you can get
married in California?
Zero months.
(California has n...
done!
240
Dissolution Residency Requirements
You must have lived in:
1. California for the last 6 months
2. The county in which you ...
Dissolution
Get papers to start the dissolution
process and submit them to the
county’s Superior court.
242
Dissolution
Petitioner
The spouse
asking for a
dissolution
Respondent
The spouse
replying to the
request
243
Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide ...
Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time a...
Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time a...
Spousal Support
Judges are not required to order
alimony in a dissolution.
247
Spousal Support Money
Payer
Does NOT count as
income for income
tax
Payee
Counts as income
for income tax
248
Child Support Money
Payer
Counts as income
for income tax
Payee
Does not count as
income for income
tax
249
Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide ...
Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
251
Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Ev...
Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Ev...
Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Ev...
255
What or who is a “petitioner”?
256
What or who is a “petitioner”?
The person seeking a
dissolution
257
done!
258
Review
Legal Separation
Annulment
Dissolution
259
260
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Family Law

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Intro to family law for high school students.

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Transcript of "Family Law"

  1. 1. Family Law Marriage and Divorce (Chapters 25 and 26) 2013 version 1
  2. 2. I am not an attorney. 2 of 245 I am a high school teacher in California. I am just trying to teach family law concepts to teenagers.
  3. 3. Family Law Agenda • Marriage • Family Relationships • How property is owned in a marriage – If a married couple buys a car, who really owns it? • Four ways to end a marriage • Five legal decisions when ending a marriage 3
  4. 4. Marriage in California—4 steps 1. Fall in love with someone 2. Be a responsible, mature person at least 18 years old 3. Get a marriage license 4. Have a ceremony 4
  5. 5. Marriage, Step 1 5
  6. 6. Marriage, Step 1 Fall in love with someone 6
  7. 7. Marriage, Step 1 Fall in love with someone Not in like Not in “good enough” Not in “he picked me” Not in infatuation Not in obsession Not in “why not” Do not fall in love with love 7
  8. 8. Some states do not allow same sex marriage. 8 of 245
  9. 9. Only a few states allow same sex marriage… 9
  10. 10. 13 same-sex marriage states (as of August 2013) • Rhode Island • Connecticut • New York • Maryland • Delaware • Washington • California • Minnesota • Iowa • Maine • New Hampshire • Vermont • Massachusetts 10
  11. 11. Marriage, Step 2 Be a responsible, mature person at least 18 years old Under 18 is allowed with: (a) parental permission (b) counseling (c) approval of a superior court judge 11
  12. 12. You cannot marry a person directly related to you by blood—that is called “incestuous marriage” and is a crime. 12
  13. 13. You cannot marry a person directly related to you by blood—that is called “incestuous marriage” and is a crime. Marriages between – parents and children, ancestors and descendants of every degree – brothers and sisters; half brothers and sisters – uncles and nieces or aunts and nephews are incestuous, and void from the beginning. 13
  14. 14. You cannot marry a person who is currently married—that is a crime called “bigamy” or “polygamy” 14
  15. 15. You cannot marry a person who is currently married—that is a crime called “bigamy” or “polygamy” Bigamy: – Married to two husbands or two wives at the same time 15
  16. 16. You cannot marry a person who is currently married—that is a crime called “bigamy” or “polygamy” Bigamy: – Married to two husbands or two wives at the same time Polygamy: – Married to two or more husbands or two or more wives at the same time 16
  17. 17. To get married in California 17
  18. 18. To get married in California You do not have to live in California 18
  19. 19. To get married in California You do not have to live in California You do not have to be a citizen of the USA 19
  20. 20. To get married in California You do not have to live in California You do not have to be a citizen of the USA You do not have to have a “blood test” 20
  21. 21. 21
  22. 22. What is “incestuous marriage”? 22
  23. 23. What is “incestuous marriage”? The crime of marrying someone who is related to you by blood. 23
  24. 24. If you are married to two people at the same time, you are guilty of the crime of _____________ 24
  25. 25. If you are married to two people at the same time, you are guilty of the crime of _____________Bigamy 25
  26. 26. done! 26
  27. 27. Marriage, Step 3 Get a marriage license California requires a marriage license and a ceremony—so do 38 other states. 27
  28. 28. Marriage, Step 3 Eleven states allow people to be married just by saying they’re married and acting like they’re married. This is called a “Common Law” marriage. 28
  29. 29. Marriage, Step 3 “Common Law” marriage. 29
  30. 30. Marriage, Step 3 Does California allow “common law” marriage? 30
  31. 31. Marriage, Step 3 Does California allow “common law” marriage? 31
  32. 32. Marriage, Step 3 What does “common law” marriage mean? 32
  33. 33. Marriage, Step 3 What does “common law” marriage mean? You are married just by telling people that you are, and living like you are. 33
  34. 34. Marriage, Step 3 Do any nearby states allow common law marriage? 34
  35. 35. Marriage, Step 3 Do any nearby states allow common law marriage? COLORADO MONTANA IOWA KANSAS OKLAHOMA UTAH TEXAS 35
  36. 36. Marriage, Step 3 Get a marriage license 36
  37. 37. Marriage, Step 3 Get a marriage license Three types of marriage licenses in California: 1.Public Marriage License 2.Confidential Marriage License 3.Non-denominational Marriage License 37
  38. 38. Public Marriage License a) Valid for 90 days—you must be married within 90 days 38
  39. 39. Public Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is public record—anyone can buy a copy 39
  40. 40. Public Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is public record—anyone can buy a copy c) Can be used to get married anywhere in CA 40
  41. 41. Public Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is public record—anyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required 41
  42. 42. Public Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is public record—anyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required e) $83.00 in Sacramento County 42
  43. 43. Public Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is public record—anyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required e) $83.00 in Sacramento County f) Both parties must be 18+ years old OR have parental consent, counseling and Superior Court approval. 43
  44. 44. Confidential Marriage License a) Valid for 90 days—you must be married within 90 days b) This license is NOT open to the public c) Must be married in the county where license issued d) No witness of ceremony is required e) $95.00 in Sacramento County f) Both parties must be 18+ years old g) Couple must be living together as a married couple 44
  45. 45. Non-denominational Marriage License A Public Marriage License for religious societies that do not have a person designated to perform marriage ceremonies (no priest, rabbi, or minister). 45
  46. 46. Marriage, Step 3 Get a marriage license (a) Fill out online Application for Marriage License https://shadow.saccounty.net/marriage/mrglicense.asp 46
  47. 47. Marriage, Step 3 Get a marriage license (b) Both the future bride and groom must go together to the county clerk’s office to get the marriage license. 47
  48. 48. Marriage—Step 4 Have a ceremony. Sign the marriage license. Witness signs too. 48
  49. 49. Marriage—Step 4 The person performing the ceremony mails the marriage license back to the county clerk’s office. 49
  50. 50. Family Relationships 50
  51. 51. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 51
  52. 52. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 52
  53. 53. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan siblings 53
  54. 54. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 54
  55. 55. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan cousins 55
  56. 56. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 56
  57. 57. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan second cousins 57
  58. 58. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 58
  59. 59. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan third cousins 59
  60. 60. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 60
  61. 61. Handout 61
  62. 62. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joe is my… 62
  63. 63. Joe is my… brotherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 63
  64. 64. Alice is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 64
  65. 65. Alice is my… motherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 65
  66. 66. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Kim is my… 66
  67. 67. Kim is my… daughterTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 67
  68. 68. Al is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 68
  69. 69. Al is my… nephewTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 69
  70. 70. Ann is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 70
  71. 71. Ann is my… sister-in-lawTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 71
  72. 72. Ron is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 72
  73. 73. Ron is my… grandsonTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 73
  74. 74. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 74
  75. 75. Ann is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 75
  76. 76. Ann is my… auntTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 76
  77. 77. Dave is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 77
  78. 78. Dave is my… uncleTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 78
  79. 79. Tim is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 79
  80. 80. Tim is my… cousinTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 80
  81. 81. Uma is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 81
  82. 82. Uma is my… 1st cousin once removed Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 82
  83. 83. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 83
  84. 84. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 84
  85. 85. Uma is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 85
  86. 86. Uma is my… second cousinTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 86
  87. 87. Mary is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 87
  88. 88. Mary is my… grandmotherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 88
  89. 89. Joe is my… Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 89
  90. 90. Joe is my… great uncle (grand uncle) Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 90
  91. 91. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my… 91
  92. 92. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my… second cousin once removed 92
  93. 93. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 93
  94. 94. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my… 94
  95. 95. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my… third cousin 95
  96. 96. Handout 96
  97. 97. Family Law--Marriage 97
  98. 98. Family Law--Marriage • You cannot marry someone who is related to you by blood. • This is called “related by consanguinity” 98
  99. 99. 99
  100. 100. What crime is committed if a person marries two wives? 100
  101. 101. What crime is committed if a person marries two wives? Bigamy 101
  102. 102. What piece of paper allows a man and woman to get married in California? 102
  103. 103. What piece of paper allows a man and woman to get married in California? Marriage License 103
  104. 104. done! 104
  105. 105. Marriage is a contract 105
  106. 106. Marriage is a contract • The contract comes in to existence when the couple is engaged. • The contract is executed when the couple is married. 106
  107. 107. Married people have duties 107
  108. 108. Married people have duties • The duty to provide mutual respect • The duty to be faithful • The duty to provide support • A fiduciary duty to treat financial responsibilities with the highest good faith, confidentiality, and fair dealing (California Family Code 720 and 721) 108
  109. 109. Married people have rights 109
  110. 110. Married people have rights • The right to be supported when necessary • The right to file a joint tax return • The right to inherit from a deceased spouse • The right to retain property if the marriage ends • The right to money to continue one’s standard of living if the marriage ends 110
  111. 111. 111
  112. 112. Can people of the same sex get married in California? 112
  113. 113. Can people of the same sex get married in California? 113
  114. 114. Can you get a marriage license through the mail? 114
  115. 115. Can you get a marriage license through the mail? No, the future bride and groom have to pick up the marriage license in person 115
  116. 116. Where can you go to pick up your marriage license? 116
  117. 117. Where can you go to pick up your marriage license? County Clerk’s office 117
  118. 118. done! 118
  119. 119. Property owned by married people 119
  120. 120. Property owned by married people Equitable Distribution states Community Property states 120
  121. 121. Community property state All property is owned 50/50 by both spouses no matter which spouse really “earned” it. If property needs to be divided between spouses, each spouse gets 50/50. Just do the math. 121
  122. 122. California Is a “Community Property” state Requires a marriage license and a ceremony Does not allow same sex marriage 122
  123. 123. California Is a “Community Property” state Requires a marriage license and a ceremony Does not allow same sex marriage 123
  124. 124. California Is a “Community Property” state Requires a marriage license and a ceremony Allows same sex marriage 124
  125. 125. Nine states are “Community Property” states All other states are “Equitable Distribution” states 125
  126. 126. Community Property states Washington Idaho Nevada California Arizona New Mexico Texas Louisiana Wisconsin 126
  127. 127. Property owned by married people Equitable Distribution states Community Property states 127
  128. 128. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… 128
  129. 129. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… Earning power of the spouses 129
  130. 130. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… Age and relative health of the spouses 130
  131. 131. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… One spouse having done the work to acquire the property 131
  132. 132. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… Economic fault of one spouse in wasting and dissipating marital property 132
  133. 133. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… Duration of the marriage 133
  134. 134. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… The responsibility for providing for children of the marriage 134
  135. 135. Equitable Distribution state If property needs to be divided, it’s not just divided 50/50. It’s not just a math problem. A judge may look at things like… Spousal abuse or marital infidelity (to penalize the offending spouse). 135
  136. 136. 136
  137. 137. How are a public marriage license and a confidential marriage license the same? 137
  138. 138. How are a public marriage license and a confidential marriage license the same? Both are good for 90 days 138
  139. 139. What does “related by consanguinity” mean? 139
  140. 140. What does “related by consanguinity” mean? Related by blood 140
  141. 141. done! 141
  142. 142. Property owned by married people in California 142
  143. 143. Property owned by married people in California Separate property Community property 143
  144. 144. Separate property • Things that you owned before you were married • Things you inherit from your family • Gifts you receive while married • Money earned while living “separate and apart” 144
  145. 145. Separate property • Things that you owned before you were married 145 Sarah owned a car before she got married. The car is Sarah’s separate property.
  146. 146. Separate property • Things that you owned before you were married • Things you inherit from your family 146
  147. 147. Separate property • Things that you owned before you were married • Things you inherit from your family 147 Kelly is married but when her dad died, Kelly inherited her dad’s dog. The dog is Kelly’s separate property.
  148. 148. Separate property • Things that you owned before you were married • Things you inherit from your family • Gifts you receive while married 148
  149. 149. Separate property • Things that you owned before you were married • Things you inherit from your family • Gifts you receive while married 149 Janet received a ruby necklace from her husband for Christmas. The necklace is Janet’s separate property.
  150. 150. Separate property • Things that you owned before you were married • Things you inherit from your family • Gifts you receive while married • Money earned while living “separate and apart” 150
  151. 151. Separate property • Things that you owned before you were married • Things you inherit from your family • Gifts you receive while married • Money earned while living “separate and apart” 151 Kaitlyn left her husband and moved into her mother’s house while waiting for her divorce to be finalized. The money Kaitlyn earns at Target is now her separate property.
  152. 152. Community property 152
  153. 153. Community property Except for separate property, all property that married people accumulate. 153
  154. 154. Community property Except for separate property, all property that married people accumulate. 154 Tom and Lena, a married couple, bought a house. The house is community property.
  155. 155. Community property Except for separate property, all property that married people accumulate. 155 Jim and Ruth ran up $8,000 in credit card debt while married. The debt is community property.
  156. 156. Community property Except for separate property, all property that married people accumulate. 156 Lisa and Hunter, a married couple, bought a refrigerator. The refrigerator is community property.
  157. 157. Property can be transmuted Separate property Community property 157
  158. 158. Property can be transmuted Separate property Community property 158 You can change your separate property into community property if you want to.
  159. 159. Property can be transmuted Separate property Community property 159 Nancy, who owned a house before she married Todd, had his name added to the ownership papers.
  160. 160. 160
  161. 161. My fiancé and I want to get married on a mountaintop near Lake Tahoe. Can we get a marriage license in Sacramento? 161
  162. 162. My fiancé and I want to get married on a mountaintop near Lake Tahoe. Can we get a marriage license in Sacramento? You can get a public marriage license for Lake Tahoe, but not a confidential marriage license. 162
  163. 163. done! 163
  164. 164. Premarital agreement Future bride and groom write up a paper to decide how their property will be divided in case of… well… just in case. 164
  165. 165. Premarital agreement • Must be in writing. • Must be signed by both future bride and groom • Becomes effective upon marriage. • Can be changed (in writing). 165
  166. 166. Things that might be mentioned in a premarital agreement: • What should happen to personal or real property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. • If children are brought into a new marriage, a premarital agreement may prevent all property from passing to the spouse upon death to prevent disinheriting the kids. 166
  167. 167. Premarital Agreement 167 of 245 If Linda, who has three children, marries Darrin and later dies, all she owns will go to Darrin and her children may be left with nothing. Linda might consider a premarital agreement.
  168. 168. 168
  169. 169. What do you call a state that allows people to be married without a license or a ceremony? 169
  170. 170. What do you call a state that allows people to be married without a license or a ceremony? Common Law State 170
  171. 171. Where are most of the states that allow same sex marriage? 171
  172. 172. NY Where are most of the states that allow same sex marriage? in New England MAINE 172
  173. 173. Give me an example of what “separate property” might be. 173
  174. 174. Which do you think is better: a community property state or an equitable distribution state? Why? 174
  175. 175. done! 175
  176. 176. Ending a marriage 176
  177. 177. Ending a marriage You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 177
  178. 178. Ending a marriage agenda: Here’s what we’ll learn about… 1. Legal separation 2. Death 3. Annulment 4. Dissolution 178
  179. 179. You can end a marriage without ending it. 179
  180. 180. Ending a marriage without ending it: Legal Separation 180
  181. 181. Legal Separation • Ends the community property relationship to your spouse. • Let’s you both go your separate financial ways. • But you are both still married… 181
  182. 182. Legal Separation Just like a divorce… You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support but you remain married. 182
  183. 183. Legal Separation If you remain married, why would anyone want a legal separation? 183
  184. 184. Reasons for a legal separation 184
  185. 185. Reasons for a legal separation Religious reasons It may be against a spouse’s religion to divorce. 185
  186. 186. Reasons for a legal separation Financial reasons A sick husband may want to stay married to stay on his wife’s medical insurance plan. 186
  187. 187. Reasons for a legal separation Government Benefits reasons Staying married for 10 years allows a spouse to receive Social Security benefits 187
  188. 188. Reasons for a legal separation Residency problem reasons Legal separation does not require you to live in California. (Dissolution requires you to live in California for at least six months.) 188
  189. 189. Reasons for a legal separation Reconcile reasons A spouse may need time to decide if dissolution is the right thing to do. Meanwhile, a legal separation keeps them safe from financial entanglements. 189
  190. 190. People who are legally separated cannot marry anyone else. 190
  191. 191. People who are legally separated cannot marry anyone else. (They are still married.) 191
  192. 192. 192
  193. 193. Does California allow “Legal Separation”? 193
  194. 194. Does California allow “Legal Separation”? Yes, of course! 194
  195. 195. Is California a community property state or an equitable distribution state? 195
  196. 196. Is California a community property state or an equitable distribution state? Community property state 196
  197. 197. done! 197
  198. 198. Ending a marriage Three ways to end a California marriage: –Death of a spouse –Annulment –Dissolution California Family Code, section 310 198
  199. 199. Ending a marriage Three ways to end a California marriage: –Death of a spouse –Annulment –Dissolution California Family Code, section 310 199
  200. 200. Death of a spouse ends a marriage (You can’t be married to someone who is not living.) 200
  201. 201. Death of a spouse ends a marriage Property of the deceased spouse passes to the living spouse 201
  202. 202. 202
  203. 203. You are married. Your mother gives you $50 for your birthday. Is this money community property? 203
  204. 204. You are married. Your mother gives you $50 for your birthday. Is this money community property? No, gifts are separate property 204
  205. 205. done! 205
  206. 206. Ending a marriage Three ways to end a California marriage: –Death of a spouse –Annulment –Dissolution California Family Code, section 310 206
  207. 207. Annulment Marriage declared not to have ever happened. The process of declaring that a marriage never happened is called an “annulment“. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. 207
  208. 208. Annulment You are asking a judge to: 1. Declare your marriage void. 2. Divide your community property 3. Decide who will pay community debts 4. Decide child custody 5. Set a dollar amount for child support 6. Set a dollar amount for spousal support 208
  209. 209. Reasons for an annulment Polygamy I discovered that she was still married to Bill when we got married. I want an annulment. Annulments are very rare. 209
  210. 210. Reasons for an annulment Consanguinity We discovered that we are aunt and nephew. I want an annulment. Annulments are very rare. 210
  211. 211. Reasons for an annulment Under Age I’m really only 17 years old. I want an annulment. Annulments are very rare. 211
  212. 212. Reasons for an annulment Fraud She told me she could have children but after we were married she admitted that she can’t. I want an annulment. Annulments are very rare. 212
  213. 213. Reasons for an annulment Fraud He only wanted to marry me to get a green card and live in the United States. I want an annulment. Annulments are very rare. 213
  214. 214. Reasons for an annulment Force I was kidnapped or in some other way unreasonably forced to marry him. I want an annulment. Annulments are very rare. 214
  215. 215. Reasons for an annulment Unsound mind I was drunk or otherwise unable to understand what I was doing. I want an annulment. Annulments are very rare. 215
  216. 216. 216
  217. 217. You are legally separated. Your husband still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? 217
  218. 218. You are legally separated. Your husband still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? No 218
  219. 219. You are married but your husband has moved out of the house. He still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? 219
  220. 220. You are married but your husband has moved out of the house. He still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? Yes 220
  221. 221. What is a “common law marriage”? 221
  222. 222. What is a “common law marriage”? Marriage without a marriage license or a ceremony 222
  223. 223. done! 223
  224. 224. Ending a marriage Three ways to end a California marriage: –Death of a spouse –Annulment –Dissolution California Family Code, section 310 224
  225. 225. Dissolution California does not have “divorce” California has “dissolution” Your marriage “dissolves” 225
  226. 226. Dissolution In an argument, though, it just doesn’t have the same effect to yell… 226
  227. 227. Dissolution In an argument, though, it just doesn’t have the same effect to yell… “I want a dissolution!” 227
  228. 228. Dissolution If your spouse wants a dissolution, you can’t stop them. 228
  229. 229. Dissolution If your spouse wants a dissolution, you can’t stop them. California will not force anyone to stay married if they don’t want to. 229
  230. 230. Dissolution If you can’t stop a dissolution, why do spouse’s fight about it? 230
  231. 231. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 231
  232. 232. Dissolution California is a “no-fault” divorce state. You do not need a reason to justify asking for a dissolution. 232
  233. 233. Reason for Dissolution Everyone must use the same reason for asking for a dissolution in California… 233
  234. 234. Reason for Dissolution Everyone must use the same reason for asking for a dissolution in California… “Irreconcilable differences” 234
  235. 235. Reason for Dissolution You can just skip the entire “Grounds for Divorce” section of Chapter 26 on pages 380-385. “Grounds for Divorce” means “Reasons for Divorce”—we don’t have any except… 235
  236. 236. Reason for Dissolution You can just skip the entire “Grounds for Divorce” section of Chapter 26 on pages 380-385. “Irreconcilable differences” “Grounds for Divorce” means “Reasons for Divorce”—we don’t have any except… 236
  237. 237. 237
  238. 238. How many months do you have to live in California before you can get married in California? 238
  239. 239. How many months do you have to live in California before you can get married in California? Zero months. (California has no marriage residency requirement.) 239
  240. 240. done! 240
  241. 241. Dissolution Residency Requirements You must have lived in: 1. California for the last 6 months 2. The county in which you plan to file for the last 3 months 241
  242. 242. Dissolution Get papers to start the dissolution process and submit them to the county’s Superior court. 242
  243. 243. Dissolution Petitioner The spouse asking for a dissolution Respondent The spouse replying to the request 243
  244. 244. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 244
  245. 245. Spousal Support Money that one ex-spouse pays to the other ex-spouse to help “maintain one’s style of living” for a time after a dissolution. 245
  246. 246. Spousal Support Money that one ex-spouse pays to the other ex-spouse to help “maintain one’s style of living” for a time after a dissolution. “Alimony” 246
  247. 247. Spousal Support Judges are not required to order alimony in a dissolution. 247
  248. 248. Spousal Support Money Payer Does NOT count as income for income tax Payee Counts as income for income tax 248
  249. 249. Child Support Money Payer Counts as income for income tax Payee Does not count as income for income tax 249
  250. 250. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 250
  251. 251. Please don’t use the “v” word… • Sometimes a child lives with their mother and sometimes they live with their father. 251
  252. 252. Please don’t use the “v” word… • Sometimes a child lives with their mother and sometimes they live with their father. • Even if you live with your father for a few hours a week, you’re still living with him. 252
  253. 253. Please don’t use the “v” word… • Sometimes a child lives with their mother and sometimes they live with their father. • Even if you live with your father for a few hours a week, you’re still living with him. • You are not “v****ing” him. 253
  254. 254. Please don’t use the “v” word… • Sometimes a child lives with their mother and sometimes they live with their father. • Even if you live with your father for a few hours a week, you’re still living with him. • You are not “v****ing” him. • Please don’t use the “v” word. It’s insulting. 254
  255. 255. 255
  256. 256. What or who is a “petitioner”? 256
  257. 257. What or who is a “petitioner”? The person seeking a dissolution 257
  258. 258. done! 258
  259. 259. Review Legal Separation Annulment Dissolution 259
  260. 260. 260
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