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Divorce Elements

Divorce Attorneys Law Group  > Divorce Elements


California recognizes two types of custody: physical custody (when a child will physically live with a parent) and legal custody: (a parent’s ability to make decisions regarding the child’s health, welfare, education, and other important issues).

Chief amount other factors the court will consider must be the safety and welfare of the child.

To determine this, California Courts look to a variety of factors, including, the physical and emotional wellbeing of the child, the health of the child, age of the child, emotional ties, ability of a parent to care for the child, history of violence, alcohol/substance abuse, child’s connection to the community, the current status quo, and possible the wishes of the child.  

Unless it poses a danger to the child, California’s public policy is to facilitate frequent and continuous contact with both parents.



California’s Statutory Child Support Scheme (or Guideline Support) as a complex algebraic equation which involves various factors, the most important of which includes the incomes of the respective parties along with the timeshare each enjoys with the child. A court will consider multiple sources of income including: wages, self-employment earnings, unemployment benefits, disability benefits, workers’ compensation benefits, social security, pensions, dividends, stocks, trust benefits, investments, rental properties’ income, even state lottery and prize winnings.

The court will consider expenses such as mortgages, rents, food, clothing, health insurance, etc.



California’s Temporary Spousal (Alimony) Support laws are designed to maintain the status quo until a permanent order is issued. Courts consider multiple factors including, age, physical and financial conditions of the spouses, the spouses’ earning abilities, standard of living, length of marriage, and the ability of the payor to support himself/herself.


During the litigation process, the character of the property is first determined. Generally, all property acquired during marriage is community property which mandates equal division subject to separate property contributions and offsets. Community property law is broad and includes:

All income received by either spouse during the course of marriage (salary, interest income, stock dividends, capital gains, retirement accounts, etc.)

All property (real estate and personal property) acquired during the course of the marriage using income during marriage

All debts incurred during the course of the marriage. In California, it does not matter who earned the most income or purchased the most property—everything is subject to equal division. However, parties are entitled to agree to a different division. Property acquired before marriage, after separation (as long it is not commingle with the other party’s assets) remain separate property



Our Firm has vigorously and successfully helped hundreds of clients secure protection, peace of mind, and support from hostile loved ones.  We have equally been successful in defending the rights of those wrongfully accused.

James' knowledge of the law and his positive presence in the courtroom was beyond impressive. He fought for the truth and the truth was finally revealed.

Parties Duties Towards Each Other During Marriage and Divorce Proceeding

EACH OWE A FIDUCIARY DUTY TOWARDS THE OTHER:  How the parties to a divorce treated each other during the marriage and divorce regarding their assets finances, disclosure of financial affairs, investments, sales and transfers.  Failure to abide by this duty may result in the forfeiture of any interest in the property and paying the innocent spouse’s attorney fees.


You have the right to be free from actual physical abuse from you significant other.  However, “abuse” under the Domestic Violence Prevention Act includes virtually any type of harassment and disturbing the peace of the other, for example, annoying emails.  These are separate proceedings, but a finding that one party perpetrated abuse against another may result in the inability of that offending person from being granted child custody. 

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