California Family Law

Family Formation and Preservation

Families may be formed by statutory means, as in the case of marriage or registered domestic partnership, or by informal means, such as written or unwritten agreements to live together and do such things as acquire property together and raise children together. In any type of family formation, the parties may adopt children or assume guardianship of children.

Mr. Cooper assists individuals and families in formation, with adoptions, establishment of parentage, guardianships, conservatorships, special needs trusts for the disabled, pre-marital, marital and life-partner agreements, asset protection and wealth preservation.

In the case of unmarried life-partners in either a statutory or informal long-term partnership, it is very important that both persons have powers of attorney for health care and financial management, and HIPAA waivers, to prevent a life-partner from being shut out by the other’s family in case the other becomes seriously ill or incapacitated. Needless to say, unmarried life-partners should also be careful to do their estate planning as close to the beginning of their relationship as possible, so their beneficial intentions are not thwarted by the laws of intestacy.

Divorce, Dissolution of Marriage, Relationship Termination

In California, Divorce is properly called “Dissolution of Marriage.” This is the court process of ending a marriage and restoring the parties to “unmarried”. The procedures are very similar for ending a Registered Domestic Partnership. For unmarried persons who have lived together, who have perhaps acquired property together, and who may have had children together, procedures exist for ending these relationships too.

The process for dissolution of marriage begins with one of the parties filing a Petition asking the court to end the marriage. To do so, a person has to be a resident of the State of California for at least six months and of the County where filing the action for at least three months. After the Petition is filed, the other party is “served” or given a copy of the Petition. The person being served has to file a Response. Failure to file a Response within 30 days may lead to a Default against the person not responding and giving the Petitioner everything he or she asked for.

If you have been served with “divorce papers,” or papers requesting termination of a domestic partnership, or papers seeking child support and a judgment of parentage, or papers requesting support or division of property between you and another person, it is best to seek legal advice immediately.

If your marriage or relationship is ending, or is about to end, consult a lawyer. In addition to the considerable emotional pain of these circumstances, the ending of a marriage or relationship is legally complex. Divorce also has important tax consequences. You will need sound professional advice to help you with the tasks that face you.

Divorces may be uncontested or contested. An uncontested divorce can be granted when the parties agree on all issues such as child custody, visitation, child support, and property division. It is important that each party know his or her rights and understand the extent of the accumulated assets and debts.

With the cooperation of both parties, neither party may have to personally appear before a judge. California law authorizes both mediation and collaborative practice in family law. These are helpful process options for families in transition, aiming for resolution of differences with minimal conflict and little or no litigation. Ask Mr. Cooper about these options.

A contested divorce, where the parties cannot agree to terms, may require several court appearances before a judge. The first appearance may be for temporary orders for support or custody. After those initial orders, there is often a great deal of legal maneuvering, including efforts to discover the facts the court and parties needs to finish the case. If you are served with legal papers, or given notice of a hearing, you should seek legal advice immediately.

Once the judge grants a divorce you may not marry again until the judgment is final. In California, the earliest date for the judgment to be final is six months after the date of service of the Petition. Once the judgment is entered in the court records and is final, the decisions that were reached generally cannot be changed, except those concerning minor children, or where the court has specifically reserved jurisdiction (the power, right and authority to apply the law after the judgement is final).

Termination of a relationship is emotionally and financially complex. It is important to see a lawyer to protect your rights and your future. Your lawyer may help you to save your relationship by referring you to a marriage or relationship counselor. If both parties are willing to work at it, a counselor may be able to help you learn new communications skills and gain a better understanding of each other and of yourself.

Mr. Cooper has nearly 30 years of experience in family law. In cases where divorce or dissolution of a marriage or personal relationship is unavoidable, he can help you. Besides being a highly trained, experienced and knowledgeable family lawyer, he is personally and professionally sensitive to the concerns of his clients and their children during the period of transition. California law authorizes both mediation and collaborative practice in family law. These are helpful process options for families in transition, aiming for resolution of differences with minimal conflict and little or no litigation. Ask Mr. Cooper about these options.

For more information, or to schedule an appointment, call the Law Office of Michael W. Cooper at 530-877-1383, or complete a contact form on this website, or send an email to m-w-cooper@msn.com, and Mr. Cooper or his staff will contact you to set up a free initial consultation.