Divorce can be a complicated and emotionally challenging process. In California, understanding the circumstances under which a judge can dismiss a divorce case is important for anyone going through or considering divorce. Here, we’ll guide you through the key points about divorce case dismissals in California.

Reasons a Judge Might Dismiss a Divorce Case in California

In short, yes—a judge can dismiss a divorce case in California. There are a few different reasons why this may occur, which we’ll explore now. 

Voluntary Dismissal of a Divorce Case in California

One of the most common reasons a judge might dismiss a divorce case is if both parties decide to reconcile and no longer wish to proceed with the divorce. In such instances, the spouse who filed for divorce (the petitioner) can file a request for dismissal. If both parties agree, the judge can approve the dismissal without much complication.

Lack of Jurisdiction

For a divorce case to move forward in California, the court must have jurisdiction. This requires that at least one spouse has resided in California for a minimum of six months and in the county where the divorce is filed for at least three months. If these residency conditions are not satisfied, the judge may dismiss the case due to a lack of jurisdiction.

Failure to Serve Papers

After filing for divorce, the petitioner must serve divorce papers to the other spouse (the respondent). If the petitioner fails to serve the papers within a specified timeframe, the judge may dismiss the case. Proper service of papers is a crucial step in the divorce process to ensure that both parties are informed and can participate in the proceedings.

Situations Where a Judge is Unlikely to Dismiss a Divorce Case

While a divorce case may be dismissed in the above scenarios, there are many situations where dismissing the divorce is not a likely outcome. Here are some examples of those. 

Contested Divorces

In situations where one spouse desires a divorce while the other does not, it is unlikely that the judge will dismiss the case. California follows a “no-fault” divorce policy, allowing either spouse to initiate divorce proceedings without needing to demonstrate any misconduct by the other. If one spouse is determined to proceed, the judge typically permits the case to move forward.

Pending Legal Issues

If there are ongoing legal issues such as child custody, property division, or spousal support, the judge is also less likely to dismiss the case. These matters need to be resolved before the divorce can be finalized, and the judge will usually proceed with the case to address these issues, even if one party requests a dismissal.

How to Request a Dismissal and When to Seek Advice 

If you and your spouse decide to reconcile or if you want to dismiss the case for any other reason, you can file a Request for Dismissal (Form CIV-110). This form must be completed and submitted to the court. If both parties agree to the dismissal, the process is generally straightforward.

If you need to request a dismissal, it’s essential to follow the correct legal procedures and ensure that all necessary paperwork is filed. Our experienced team of family law attorneys at Lonich Patton Ehrlich Policastri can help you every step of the way, and will always strive to represent your best interests. 

Contact us today to schedule your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Family relationships can be complicated. Unfortunately, children sometimes find themselves in situations of abuse or neglect that lead them to seek a legal separation from one or both parents. Severing or limiting legal ties with a parent can take various forms, depending on the age of the child and the jurisdiction. The following are a few of the avenues that might be open to you if you wish to legally break the relationship with a parent.

Emancipation of a Minor

Some states recognize a legal process known as emancipation of a minor. Minimum age requirements vary but are usually around 16 or 17 (although minors as young as 14 can petition for emancipation in California). In general, there are three ways to seek emancipation: by getting married; by joining the military; or through a court order called a Declaration of Emancipation. 

To petition the court for a Declaration of Emancipation, the minor needs to prove that they meet the minimum age requirements of the state of residence, do not live with their parents (and the parents are not opposed to this situation), and can support themselves legally.

Although in some ways an emancipated minor acts as an adult, they are not legally an adult and certain laws will still apply to them (e.g., they have to go to school, cannot vote until 18, cannot buy alcohol until 21, etc.) until they are of age.

Adoption

In most cases, if an adult legally adopts a minor, the court will terminate or vacate the legal rights of the biological parents. Many adoptions require the biological parents to agree to terminate their parental rights, and, in cases where the child is old enough, they might also be required to give consent.

Termination of Parental Rights

Family courts seek the best interests of children first. In extreme cases of abuse or neglect or where a parent is unable to appropriately care for a minor, the court might terminate parental rights, thus legally severing ties between the parent and child. If you are a minor still living with your parents and feel unsafe or are experiencing abuse or neglect, talk to a trusted adult like a teacher or school counselor or call your state’s Child Protective Services to report it. They will find a safe place for you and discuss next steps and options.

Legal Estrangement

Once you are 18 years old, your parents no longer have legal rights to make decisions for you. If you feel that this level of independence from your parents is not enough, you can sometimes seek to have a court formally acknowledge legal estrangement between you and your parent(s). Legal estrangement will affect your inheritance rights but also your obligations to provide parental support in the future. Some individuals also choose to legally change their name to further distance themselves from their parents. 

Get the Help You Need Today

Before you pursue any of the above legal approaches to breaking the relationship with a parent, it’s a good idea to consult with a family law expert to better understand all your options and their repercussions. The family law group at Lonich Patton Ehrlich Policastri is one of the largest family law practices in the Bay Area and has years of experience navigating complex family issues. Contact us today for a free, no-obligation consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

For LGBTQ+ couples, navigating the family law landscape can be particularly challenging due to historical biases, evolving laws, and unique family dynamics. Today, we’ll explore the specific legal challenges faced by LGBTQ+ couples and offer insights into navigating these complexities.

Unique Legal Challenges for LGBTQ+ Couples and Family Law

Family law brings some unique legal challenges for LGBTQ+ couples, which can vary dramatically from state to state. Let’s take a look at some of the challenges that these couples often have to face. 

Marriage and Civil Unions

While same-sex marriage is now recognized in many jurisdictions, some regions still only offer civil unions or domestic partnerships. These alternatives often do not provide the same legal benefits and protections as marriage. LGBTQ+ couples in these areas must navigate complex legal systems to ensure their rights are upheld, particularly in matters such as inheritance, taxation, and spousal benefits.

Adoption and Parental Rights

Adoption laws can be particularly challenging for LGBTQ+ couples. In some states, same-sex couples face discriminatory practices, making it difficult to adopt children. Additionally, legal recognition of parental rights for non-biological parents in same-sex relationships can be complicated. Ensuring both parents have legal standing often requires additional legal steps, such as second-parent adoption or securing court orders.

Surrogacy and Assisted Reproduction

Surrogacy and assisted reproduction present another layer of complexity. Laws surrounding surrogacy vary widely, and some jurisdictions have restrictive regulations that make it difficult for LGBTQ+ couples to access these services. Ensuring that both partners are legally recognized as parents often necessitates navigating a labyrinth of legal requirements, including pre-birth orders and post-birth adoption processes.

Legal Protections and Advocacy for LGBTQ+ Couples 

Legal protections against discrimination are vital for ensuring equality for same-gender couples. Anti-discrimination laws in areas such as employment, housing, and public accommodations help safeguard the rights of LGBTQ+ individuals. However, these laws are not uniformly enforced, and gaps remain in many regions. Advocacy and legal action are essential to address these disparities and promote equal treatment under the law.

Estate planning is another critical area where LGBTQ+ couples must be particularly vigilant. Wills, trusts, and other estate planning tools can help ensure that a partner’s wishes are honored in the event of death. Without proper legal documentation, surviving partners may face challenges in inheriting property or accessing financial benefits. Consulting with legal professionals who specialize in LGBTQ+ issues is crucial for effective estate planning.

Tips for Navigating Family Law as an LGBTQ+ Couple

Each case and situation are of course unique, but there are still some general tips we can offer for LGBTQ+ couples navigating through family law situations. Here are some things to keep in mind along the way. 

Seek Legal Counsel

Given the complexities of family law for an LGBTQ+ couple, seeking specialized legal counsel is essential. Lawyers who are knowledgeable about LGBTQ+ issues can provide invaluable guidance in navigating the legal system, ensuring that couples understand their rights and the steps needed to protect them.

Embrace Community Support and Resources

Beyond legal counsel, community support organizations and resources play a vital role. LGBTQ+ advocacy groups offer support, information, and resources to help couples navigate legal challenges. These organizations can connect individuals with legal professionals, provide educational materials, and advocate for policy changes to promote equality.

LPEP: Experienced in Family Law for LGBTQ+ Couples 

While significant progress has been made in recognizing and protecting the rights of same-gender couples, many unique legal challenges remain. Navigating these challenges requires awareness, advocacy, and specialized legal support. 

At LPEP Law, our family law experts are well-versed in the unique challenges faced by LGBTQ+ couples. Contact us today to schedule your free consultation and ensure the best possible outcomes for you and your family.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Welcoming a new baby into the family is one of life’s most exciting occasions, but there’s also a lot to think about! Amidst all the excitement and flurry of activity that comes with a new addition, it’s easy for parents to overlook important matters like estate planning. 

While it may not be the most glamorous aspect of parenthood to consider, ensuring that your estate plan is up-to-date and comprehensive is crucial for the well-being and security of your growing family.

7 Estate Planning Steps After Having a Baby

Here are some essential steps to take when updating your estate plan after the arrival of a new baby. Don’t worry if you can’t get to them right away—these are just food for thought as you enter this new chapter of your life. 

1. Create or Update Your Will

If you haven’t already done so, now is the time to create a will or update your existing one to include provisions for your new child. Your will should designate a guardian for your child in the event that both parents pass away before the child reaches adulthood. This is perhaps the most important decision you’ll make in your estate planning process, so it’s essential to carefully consider who would be the best fit to care for your child.

2. Establish a Trust

You might want to establish a trust for your child, allowing them to oversee and allocate assets. This trust can offer financial assistance for their education, healthcare, and other necessities, all while ensuring responsible management of the assets until they reach a specific age or milestone.

3. Designate Beneficiaries

Review and update the beneficiaries listed on your life insurance policies, retirement accounts, and any other assets that pass outside of probate. Make sure to include your new child as a beneficiary, and consider establishing contingent beneficiaries in case your primary beneficiaries predecease you.

4. Consider Life Insurance

With the added responsibility of a new child, it’s wise to review your life insurance coverage to ensure that it adequately provides for your family’s financial needs in the event of your death. Life insurance can help replace lost income, pay off debts, and provide for your child’s future expenses.

5. Plan for Incapacity

Estate planning encompasses not only posthumous considerations but also includes provisions for potential incapacity. Designate someone you trust to make financial and healthcare decisions on your behalf through powers of attorney and healthcare directives.

6. Document Your Wishes

Communicate your wishes to your loved ones and make sure they know where to find important documents such as your will, trust documents, and insurance policies. Having open and honest conversations about your estate plan can help prevent misunderstandings and conflicts down the road.

7. Regularly Review and Update Your Plan

Life is constantly changing, and so should your estate plan. Make it a priority to review and update your plan regularly, especially after major life events such as the birth of a child, marriage, divorce, or the acquisition of significant assets.

Bonus: Discuss Your Estate Planning With Our Experts

Estate planning can be a complicated process, and the arrival of a new baby can add an extra layer of complexity. If you’re not sure where to start, our expert Estate Planning Attorneys are always available to discuss your specific needs and help prepare your estate planning documents. We’ll help you make the right decisions for you and your family, ensuring your newest family member is well-protected for whatever the future may hold. 

Don’t leave anything to chance—get started today with a free consultation from LPEP. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

We’ve all heard of the “Vegas wedding,” and indeed, Las Vegas has become a very popular destination for couples looking to get married quickly. Many people perceive getting married in Vegas as easy, as it requires minimal paperwork, no significant waiting period, and no need for blood tests, which are required in some U.S. states. 

One of the most frequently asked questions is whether a marriage officiated in one state, such as the quick nuptials of Las Vegas, can be dissolved in another state, like California. In this guide, we’ll explain what you need to know about filing for divorce in California after getting married in Las Vegas. 

So, can I get a divorce in California if I got married in Vegas?

The short answer to the question is yes, you can get a divorce in California even if you got married in Las Vegas. California, like most states, recognizes marriages performed in other states and countries, including those in Las Vegas. However, certain criteria must be met to file for divorce in California, irrespective of where the marriage took place.

Criteria for filing for divorce in California

Firstly, to file for divorce in California, either you or your spouse must be a resident of the state for at least six months prior to filing. Also, you must have lived in the county where you plan to file for divorce for at least three months. Meeting these residency requirements is crucial, regardless of where the marriage ceremony occurred.

Once you meet the residency requirements, you’re eligible to file for divorce in California. When you file forms with the court, you’ll need to pay a fee, which costs between $400 and $500. As long as you can pay, you meet the criteria for filing for divorce in California. 

What’s the process for filing for divorce in California?

Once residency requirements are fulfilled, the process of divorce in California follows the same legal procedures, whether the marriage took place in Las Vegas, New York, or even abroad. 

This includes filing a petition for dissolution of marriage with the appropriate California court, serving the petition to your spouse, and navigating issues such as division of property, child custody, and spousal support according to California’s laws.

However, while the process may seem straightforward, complexities can arise, especially in cases involving interstate or international marriages. Differences in state laws regarding property division, alimony, and child custody can significantly impact divorce proceedings.

Discuss your divorce proceedings with an LPEP expert

For couples married in Las Vegas but seeking a divorce in California, it’s crucial to consult with a qualified family law attorney well-versed in both California’s divorce laws and the intricacies of interstate marriages. Seeking legal advice early in the process can help alleviate stress and ensure a smoother transition out of the marriage, regardless of where it began.

If there are disputes regarding jurisdiction or conflicts between state laws, seeking legal counsel becomes even more imperative. A knowledgeable attorney can help navigate these complexities and work towards a favorable resolution that protects your interests.

At Lonich Patton Ehrlich Policastri, we can help you with everything from divorce planning to litigation. Our highly experienced family law experts and divorce attorneys can guide you through the legal process of divorce in California, ensuring that your rights are protected and that the divorce is handled efficiently and effectively.

Contact LPEP today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.