Law Offices of Selena E. Devine - Family Law Ventura

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Home Areas Of Practice Family Law

Family Law

Marital Settlement Agreement

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A Marital Settlement Agreement is an agreement entered into by parties who are contemplating divorce or in the midst of a divorce. It sets out how the parties’ jointly owned property will be divided, and confirms to each party their separate property. It provides what support will be paid, if any, from one party to the other, and who will pay for the attorney fees either party has incurred in the legal proceeding. It can also set out parenting agreements for the party's children, and what child support, if any will be paid for the children.

 

Parentage

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"Establishing parentage" means determining who the legal parents of a child are if the parents were not married when the child was born.

If the parents were married when the child was born, the law usually considers the husband to be the father.

When people who are not married can't agree about parentage, the court can order genetic testing.

Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support or custody and visitation as part of a case that establishes the parentage of a child.

 

Custody & Visitation

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Parents who separate must decide which parent their children will live with. They also must decide how they'll share their parenting responsibilities. Sometimes parents can't agree, so the judge has to make the decisions. Many parents can agree and can make a custody/visitation agreement that they give to the court. This agreement is also sometimes called a "stipulation for custody/visitation," a "parenting plan," or a "time-share plan."

The judge makes the final decision, but usually will approve an arrangement that both parents agree to.

If you can't agree on custody, a judge will have to make the decision. You will probably have to meet with a Family Court Services mediator before the judge will make a custody order.

 

Annulment

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An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because:

  • of force, fraud, or physical or mental incapacity;
  • one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
  • one of the spouses or partners was already married or in a registered domestic partnership.
 

Evening and Weekend Appointments

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Evening and Weekend Appointments

 
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Ventura, CA 93003

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