If you want to file for Divorce in Fresno, you must be a resident of California for at least six months and a resident of Fresno County for at least 3 months. But if you ask for only a decree of "Separation", then you can be a resident here for as little as one day. However, you must intend to reside here, not merely be here for a visit.
Their "Home State". The children’s “Home State” is the state where they have resided for the last six months, or if they are less than six months old, since birth.
The legislature has decided that so many factors go into this calculation that a computer program is used. Among the things to be considered are the income of each person, their tax status and deductions, the type of income, and their costs for health insurance and work expenses. A huge factor is the time the children spend with each parent. The more time a child is with you, the more your ex has to pay you.
For the period just after you break up, a computer calculation is generally used in many California Counties, and the factors are similar but not identical to the child support calculation. The intent is to temporarily keep both parties in nearly the same financial position they were in during the marriage. Of course, since there are now two houses, and there may be child support paid from one to the other, this is difficult to achieve, and the wrong court decision can leave you on the brink of survival.
However, at the time of marital judgement, a different calculation is used to determine spousal support. This requires the consideration of all the factors in family code 4320.
You can use a Community Property Credit card, take out a loan, or use funds in the bank. These are all permitted by the Family Code even after you have been served with Divorce papers. Though almost all attorneys ask for money in advance, your attorney can ask your spouse to pay for his attorney's fees if your spouse earns more than you do, or if your spouse has done things which make resolution of the case difficult. For example, abusing you or the children, hiding the money, hiding records of the marital finances, or not obeying court orders. Then the court can, in effect, punish that person (and sometimes their attorney) financially.
Community property and debts are split equally between the parties, unless they agree otherwise. Community property is all property acquired by married parties during marriage. For non-marital properties, the person who bought it, owns it. Separate property is property obtained before marriage, and after their separation, or inherited by them at any time. Separate property is generally awarded to the person who owned it before marriage, but in some cases, the court can make orders regarding that property and frequently real property. Houses, for example, can be temporarily awarded to the spouse who does not own it. This can create a hardship, as the occupying spouse may have little interest in making the house payment, sometimes causing foreclosure. The office of Kenneth M. Cavin will work to prevent this financial disaster.
These are general rules, but with many, many exceptions. For example, every dollar made by either party during marriage is half the other spouse's. So if a person pays their earnings on a separate property residence, then BOTH parties are making that payment, and month by month, the other spouse becomes part owner of that separate property. This applies to cars, and to pensions, 401k, 403b plans, and other retirement accounts. If one party has a business, both parties have that business, owned by each equally, even though only one person works on that business. Splitting the value of a business is a difficult calculation, sometimes requiring the employment of an Expert Business Appraiser to do so.
Fresno County currently has a three-tier system of child custody evaluations. The first tier is where the two parents meet with a person who has state mandated training or counseling, and they try to work out an agreed child custody and visitation plan. Then the parents go back to court and the court may make a decision based on what evidence is properly introduced into the court record. Not all evidence is admissible. There are legal rules restricting evidence that the Judge can hear, and these rules are known best by lawyers. The court may make a decision entirely based on the emotional pleas, the tears, or the lies of the other party rather than the reality of the children' lives. This is where an attorney is vital to be sure that admissible evidence is heard by the Judge, and that the truth is heard by the Judge so that the Judge can make a decision that is in the best interest of the children.
A: With many attorneys, you do. But with this office, you can hire Mr. Cavin for “limited scope” representation, that is for a limted part of the case, for a lesser amount, and pay piece by piece. Most of the time, people pay most of their fee in advance, because that is the only time they will have access to a Community Property credit card or bank account.