1.Family Law Marriage and Divorce (Chapters 25 and 26) 2013 version 1

2. I am not an attorney. 2 of 245 I am a high school teacher in California. I am just trying to teach family law concepts to teenagers. 3. Family Law Agenda Marriage Family Relationships How property is owned in a marriage If a married couple buys a car, who really owns it? Four ways to end a marriage Five legal decisions when ending a marriage 3 4. Marriage in California4 steps 1. Fall in love with someone 2. Be a responsible, mature person at least 18 years old 3. Get a marriage license 4. Have a ceremony 4 5. Marriage, Step 1 5 6. Marriage, Step 1 Fall in love with someone 6 7. Marriage, Step 1 Fall in love with someone Not in like Not in good enough Not in he picked me Not in infatuation Not in obsession Not in why not Do not fall in love with love 7 8. Some states do not allow same sex marriage. 8 of 245 9. Only a few states allow same sex marriage 9 10. 13 same-sex marriage states (as of August 2013) Rhode Island Connecticut New York Maryland Delaware Washington California Minnesota Iowa Maine New Hampshire Vermont Massachusetts 10 11. Marriage, Step 2 Be a responsible, mature person at least 18 years old Under 18 is allowed with: (a) parental permission (b) counseling (c) approval of a superior court judge 11 12. You cannot marry a person directly related to you by bloodthat is called incestuous marriage and is a crime. 12 13. You cannot marry a person directly related to you by bloodthat is called incestuous marriage and is a crime. Marriages between parents and children, ancestors and descendants of every degree brothers and sisters; half brothers and sisters uncles and nieces or aunts and nephews are incestuous, and void from the beginning. 13 14. You cannot marry a person who is currently marriedthat is a crime called bigamy or polygamy 14 15. You cannot marry a person who is currently marriedthat is a crime called bigamy or polygamy Bigamy: Married to two husbands or two wives at the same time 15 16. You cannot marry a person who is currently marriedthat is a crime called bigamy or polygamy Bigamy: Married to two husbands or two wives at the same time Polygamy: Married to two or more husbands or two or more wives at the same time 16 17. To get married in California 17 18. To get married in California You do not have to live in California 18 19. To get married in California You do not have to live in California You do not have to be a citizen of the USA 19 20. To get married in California You do not have to live in California You do not have to be a citizen of the USA You do not have to have a blood test 20 21. 21 22. What is incestuous marriage? 22 23. What is incestuous marriage? The crime of marrying someone who is related to you by blood. 23 24. If you are married to two people at the same time, you are guilty of the crime of _____________ 24 25. If you are married to two people at the same time, you are guilty of the crime of _____________Bigamy 25 26. done! 26 27. Marriage, Step 3 Get a marriage license California requires a marriage license and a ceremonyso do 38 other states. 27 28. Marriage, Step 3 Eleven states allow people to be married just by saying theyre married and acting like theyre married. This is called a Common Law marriage. 28 29. Marriage, Step 3 Common Law marriage. 29 30. Marriage, Step 3 Does California allow common law marriage? 30 31. Marriage, Step 3 Does California allow common law marriage? 31 32. Marriage, Step 3 What does common law marriage mean? 32 33. Marriage, Step 3 What does common law marriage mean? You are married just by telling people that you are, and living like you are. 33 34. Marriage, Step 3 Do any nearby states allow common law marriage? 34 35. Marriage, Step 3 Do any nearby states allow common law marriage? COLORADO MONTANA IOWA KANSAS OKLAHOMA UTAH TEXAS 35 36. Marriage, Step 3 Get a marriage license 36 37. Marriage, Step 3 Get a marriage license Three types of marriage licenses in California: 1.Public Marriage License 2.Confidential Marriage License 3.Non-denominational Marriage License 37 38. Public Marriage License a) Valid for 90 daysyou must be married within 90 days 38 39. Public Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is public recordanyone can buy a copy 39 40. Public Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is public recordanyone can buy a copy c) Can be used to get married anywhere in CA 40 41. Public Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is public recordanyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required 41 42. Public Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is public recordanyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required e) $83.00 in Sacramento County 42 43. Public Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is public recordanyone can buy a copy c) Can be used to get married anywhere in CA d) One witness of ceremony is required e) $83.00 in Sacramento County f) Both parties must be 18+ years old OR have parental consent, counseling and Superior Court approval. 43 44. Confidential Marriage License a) Valid for 90 daysyou must be married within 90 days b) This license is NOT open to the public c) Must be married in the county where license issued d) No witness of ceremony is required e) $95.00 in Sacramento County f) Both parties must be 18+ years old g) Couple must be living together as a married couple 44 45. Non-denominational Marriage License A Public Marriage License for religious societies that do not have a person designated to perform marriage ceremonies (no priest, rabbi, or minister). 45 46. Marriage, Step 3 Get a marriage license (a) Fill out online Application for Marriage License https://shadow.saccounty.net/marriage/mrglicense.asp 46 47. Marriage, Step 3 Get a marriage license (b) Both the future bride and groom must go together to the county clerks office to get the marriage license. 47 48. MarriageStep 4 Have a ceremony. Sign the marriage license. Witness signs too. 48 49. MarriageStep 4 The person performing the ceremony mails the marriage license back to the county clerks office. 49 50. Family Relationships 50 51. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 51 52. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 52 53. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan siblings 53 54. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 54 55. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan cousins 55 56. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 56 57. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan second cousins 57 58. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 58 59. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan third cousins 59 60. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 60 61. Handout 61 62. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joe is my 62 63. Joe is my brotherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 63 64. Alice is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 64 65. Alice is my motherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 65 66. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Kim is my 66 67. Kim is my daughterTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 67 68. Al is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 68 69. Al is my nephewTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 69 70. Ann is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 70 71. Ann is my sister-in-lawTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 71 72. Ron is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 72 73. Ron is my grandsonTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 73 74. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 74 75. Ann is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 75 76. Ann is my auntTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 76 77. Dave is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 77 78. Dave is my uncleTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 78 79. Tim is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 79 80. Tim is my cousinTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 80 81. Uma is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 81 82. Uma is my 1st cousin once removed Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 82 83. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 83 84. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 84 85. Uma is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 85 86. Uma is my second cousinTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 86 87. Mary is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 87 88. Mary is my grandmotherTom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 88 89. Joe is my Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 89 90. Joe is my great uncle (grand uncle) Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 90 91. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my 91 92. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my second cousin once removed 92 93. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan 93 94. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my 94 95. Tom Alice Jim Mary Dave Joe Ann Zoe Paul Bob Kim Al Tim Amy Jill Ron Ruth John Andy Uma Bill Jan Joan Joan is my third cousin 95 96. Handout 96 97. Family Law--Marriage 97 98. Family Law--Marriage You cannot marry someone who is related to you by blood. This is called related by consanguinity 98 99. 99 100. What crime is committed if a person marries two wives? 100 101. What crime is committed if a person marries two wives? Bigamy 101 102. What piece of paper allows a man and woman to get married in California? 102 103. What piece of paper allows a man and woman to get married in California? Marriage License 103 104. done! 104 105. Marriage is a contract 105 106. Marriage is a contract The contract comes in to existence when the couple is engaged. The contract is executed when the couple is married. 106 107. Married people have duties 107 108. Married people have duties The duty to provide mutual respect The duty to be faithful The duty to provide support A fiduciary duty to treat financial responsibilities with the highest good faith, confidentiality, and fair dealing (California Family Code 720 and 721) 108 109. Married people have rights 109 110. Married people have rights The right to be supported when necessary The right to file a joint tax return The right to inherit from a deceased spouse The right to retain property if the marriage ends The right to money to continue ones standard of living if the marriage ends 110 111. 111 112. Can people of the same sex get married in California? 112 113. Can people of the same sex get married in California? 113 114. Can you get a marriage license through the mail? 114 115. Can you get a marriage license through the mail? No, the future bride and groom have to pick up the marriage license in person 115 116. Where can you go to pick up your marriage license? 116 117. Where can you go to pick up your marriage license? County Clerks office 117 118. done! 118 119. Property owned by married people 119 120. Property owned by married people Equitable Distribution states Community Property states 120 121. Community property state All property is owned 50/50 by both spouses no matter which spouse really earned it. If property needs to be divided between spouses, each spouse gets 50/50. Just do the math. 121 122. California Is a Community Property state Requires a marriage license and a ceremony Does not allow same sex marriage 122 123. California Is a Community Property state Requires a marriage license and a ceremony Does not allow same sex marriage 123 124. California Is a Community Property state Requires a marriage license and a ceremony Allows same sex marriage 124 125. Nine states are Community Property states All other states are Equitable Distribution states 125 126. Community Property states Washington Idaho Nevada California Arizona New Mexico Texas Louisiana Wisconsin 126 127. Property owned by married people Equitable Distribution states Community Property states 127 128. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like 128 129. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like Earning power of the spouses 129 130. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like Age and relative health of the spouses 130 131. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like One spouse having done the work to acquire the property 131 132. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like Economic fault of one spouse in wasting and dissipating marital property 132 133. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like Duration of the marriage 133 134. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like The responsibility for providing for children of the marriage 134 135. Equitable Distribution state If property needs to be divided, its not just divided 50/50. Its not just a math problem. A judge may look at things like Spousal abuse or marital infidelity (to penalize the offending spouse). 135 136. 136 137. How are a public marriage license and a confidential marriage license the same? 137 138. How are a public marriage license and a confidential marriage license the same? Both are good for 90 days 138 139. What does related by consanguinity mean? 139 140. What does related by consanguinity mean? Related by blood 140 141. done! 141 142. Property owned by married people in California 142 143. Property owned by married people in California Separate property Community property 143 144. Separate property Things that you owned before you were married Things you inherit from your family Gifts you receive while married Money earned while living separate and apart 144 145. Separate property Things that you owned before you were married 145 Sarah owned a car before she got married. The car is Sarahs separate property. 146. Separate property Things that you owned before you were married Things you inherit from your family 146 147. Separate property Things that you owned before you were married Things you inherit from your family 147 Kelly is married but when her dad died, Kelly inherited her dads dog. The dog is Kellys separate property. 148. Separate property Things that you owned before you were married Things you inherit from your family Gifts you receive while married 148 149. Separate property Things that you owned before you were married Things you inherit from your family Gifts you receive while married 149 Janet received a ruby necklace from her husband for Christmas. The necklace is Janets separate property. 150. Separate property Things that you owned before you were married Things you inherit from your family Gifts you receive while married Money earned while living separate and apart 150 151. Separate property Things that you owned before you were married Things you inherit from your family Gifts you receive while married Money earned while living separate and apart 151 Kaitlyn left her husband and moved into her mothers house while waiting for her divorce to be finalized. The money Kaitlyn earns at Target is now her separate property. 152. Community property 152 153. Community property Except for separate property, all property that married people accumulate. 153 154. Community property Except for separate property, all property that married people accumulate. 154 Tom and Lena, a married couple, bought a house. The house is community property. 155. Community property Except for separate property, all property that married people accumulate. 155 Jim and Ruth ran up $8,000 in credit card debt while married. The debt is community property. 156. Community property Except for separate property, all property that married people accumulate. 156 Lisa and Hunter, a married couple, bought a refrigerator. The refrigerator is community property. 157. Property can be transmuted Separate property Community property 157 158. Property can be transmuted Separate property Community property 158 You can change your separate property into community property if you want to. 159. Property can be transmuted Separate property Community property 159 Nancy, who owned a house before she married Todd, had his name added to the ownership papers. 160. 160 161. My fianc and I want to get married on a mountaintop near Lake Tahoe. Can we get a marriage license in Sacramento? 161 162. My fianc and I want to get married on a mountaintop near Lake Tahoe. Can we get a marriage license in Sacramento? You can get a public marriage license for Lake Tahoe, but not a confidential marriage license. 162 163. done! 163 164. Premarital agreement Future bride and groom write up a paper to decide how their property will be divided in case of well just in case. 164 165. Premarital agreement Must be in writing. Must be signed by both future bride and groom Becomes effective upon marriage. Can be changed (in writing). 165 166. Things that might be mentioned in a premarital agreement: What should happen to personal or real property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. If children are brought into a new marriage, a premarital agreement may prevent all property from passing to the spouse upon death to prevent disinheriting the kids. 166 167. Premarital Agreement 167 of 245 If Linda, who has three children, marries Darrin and later dies, all she owns will go to Darrin and her children may be left with nothing. Linda might consider a premarital agreement. 168. 168 169. What do you call a state that allows people to be married without a license or a ceremony? 169 170. What do you call a state that allows people to be married without a license or a ceremony? Common Law State 170 171. Where are most of the states that allow same sex marriage? 171 172. NY Where are most of the states that allow same sex marriage? in New England MAINE 172 173. Give me an example of what separate property might be. 173 174. Which do you think is better: a community property state or an equitable distribution state? Why? 174 175. done! 175 176. Ending a marriage 176 177. Ending a marriage You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 177 178. Ending a marriage agenda: Heres what well learn about 1. Legal separation 2. Death 3. Annulment 4. Dissolution 178 179. You can end a marriage without ending it. 179 180. Ending a marriage without ending it: Legal Separation 180 181. Legal Separation Ends the community property relationship to your spouse. Lets you both go your separate financial ways. But you are both still married 181 182. Legal Separation Just like a divorce You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support but you remain married. 182 183. Legal Separation If you remain married, why would anyone want a legal separation? 183 184. Reasons for a legal separation 184 185. Reasons for a legal separation Religious reasons It may be against a spouses religion to divorce. 185 186. Reasons for a legal separation Financial reasons A sick husband may want to stay married to stay on his wifes medical insurance plan. 186 187. Reasons for a legal separation Government Benefits reasons Staying married for 10 years allows a spouse to receive Social Security benefits 187 188. Reasons for a legal separation Residency problem reasons Legal separation does not require you to live in California. (Dissolution requires you to live in California for at least six months.) 188 189. Reasons for a legal separation Reconcile reasons A spouse may need time to decide if dissolution is the right thing to do. Meanwhile, a legal separation keeps them safe from financial entanglements. 189 190. People who are legally separated cannot marry anyone else. 190 191. People who are legally separated cannot marry anyone else. (They are still married.) 191 192. 192 193. Does California allow Legal Separation? 193 194. Does California allow Legal Separation? Yes, of course! 194 195. Is California a community property state or an equitable distribution state? 195 196. Is California a community property state or an equitable distribution state? Community property state 196 197. done! 197 198. Ending a marriage Three ways to end a California marriage: Death of a spouse Annulment Dissolution California Family Code, section 310 198 199. Ending a marriage Three ways to end a California marriage: Death of a spouse Annulment Dissolution California Family Code, section 310 199 200. Death of a spouse ends a marriage (You cant be married to someone who is not living.) 200 201. Death of a spouse ends a marriage Property of the deceased spouse passes to the living spouse 201 202. 202 203. You are married. Your mother gives you $50 for your birthday. Is this money community property? 203 204. You are married. Your mother gives you $50 for your birthday. Is this money community property? No, gifts are separate property 204 205. done! 205 206. Ending a marriage Three ways to end a California marriage: Death of a spouse Annulment Dissolution California Family Code, section 310 206 207. Annulment Marriage declared not to have ever happened. The process of declaring that a marriage never happened is called an annulment. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. Annulments are very rare. 207 208. Annulment You are asking a judge to: 1. Declare your marriage void. 2. Divide your community property 3. Decide who will pay community debts 4. Decide child custody 5. Set a dollar amount for child support 6. Set a dollar amount for spousal support 208 209. Reasons for an annulment Polygamy I discovered that she was still married to Bill when we got married. I want an annulment. Annulments are very rare. 209 210. Reasons for an annulment Consanguinity We discovered that we are aunt and nephew. I want an annulment. Annulments are very rare. 210 211. Reasons for an annulment Under Age Im really only 17 years old. I want an annulment. Annulments are very rare. 211 212. Reasons for an annulment Fraud She told me she could have children but after we were married she admitted that she cant. I want an annulment. Annulments are very rare. 212 213. Reasons for an annulment Fraud He only wanted to marry me to get a green card and live in the United States. I want an annulment. Annulments are very rare. 213 214. Reasons for an annulment Force I was kidnapped or in some other way unreasonably forced to marry him. I want an annulment. Annulments are very rare. 214 215. Reasons for an annulment Unsound mind I was drunk or otherwise unable to understand what I was doing. I want an annulment. Annulments are very rare. 215 216. 216 217. You are legally separated. Your husband still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? 217 218. You are legally separated. Your husband still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? No 218 219. You are married but your husband has moved out of the house. He still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? 219 220. You are married but your husband has moved out of the house. He still has your joint credit card. He purchases $3000 of junk on E-Bay. Do you have to pay half the bill? Yes 220 221. What is a common law marriage? 221 222. What is a common law marriage? Marriage without a marriage license or a ceremony 222 223. done! 223 224. Ending a marriage Three ways to end a California marriage: Death of a spouse Annulment Dissolution California Family Code, section 310 224 225. Dissolution California does not have divorce California has dissolution Your marriage dissolves 225 226. Dissolution In an argument, though, it just doesnt have the same effect to yell 226 227. Dissolution In an argument, though, it just doesnt have the same effect to yell I want a dissolution! 227 228. Dissolution If your spouse wants a dissolution, you cant stop them. 228 229. Dissolution If your spouse wants a dissolution, you cant stop them. California will not force anyone to stay married if they dont want to. 229 230. Dissolution If you cant stop a dissolution, why do spouses fight about it? 230 231. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 231 232. Dissolution California is a no-fault divorce state. You do not need a reason to justify asking for a dissolution. 232 233. Reason for Dissolution Everyone must use the same reason for asking for a dissolution in California 233 234. Reason for Dissolution Everyone must use the same reason for asking for a dissolution in California Irreconcilable differences 234 235. Reason for Dissolution You can just skip the entire Grounds for Divorce section of Chapter 26 on pages 380-385. Grounds for Divorce means Reasons for Divorcewe dont have any except 235 236. Reason for Dissolution You can just skip the entire Grounds for Divorce section of Chapter 26 on pages 380-385. Irreconcilable differences Grounds for Divorce means Reasons for Divorcewe dont have any except 236 237. 237 238. How many months do you have to live in California before you can get married in California? 238 239. How many months do you have to live in California before you can get married in California? Zero months. (California has no marriage residency requirement.) 239 240. done! 240 241. Dissolution Residency Requirements You must have lived in: 1. California for the last 6 months 2. The county in which you plan to file for the last 3 months 241 242. Dissolution Get papers to start the dissolution process and submit them to the countys Superior court. 242 243. Dissolution Petitioner The spouse asking for a dissolution Respondent The spouse replying to the request 243 244. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 244 245. Spousal Support Money that one ex-spouse pays to the other ex-spouse to help maintain ones style of living for a time after a dissolution. 245 246. Spousal Support Money that one ex-spouse pays to the other ex-spouse to help maintain ones style of living for a time after a dissolution. Alimony 246 247. Spousal Support Judges are not required to order alimony in a dissolution. 247 248. Spousal Support Money Payer Does NOT count as income for income tax Payee Counts as income for income tax 248 249. Child Support Money Payer Counts as income for income tax Payee Does not count as income for income tax 249 250. Dissolution You are asking a judge to: 1. Divide your community property 2. Decide who will pay community debts 3. Decide child custody 4. Set a dollar amount for child support 5. Set a dollar amount for spousal support 250 251. Please dont use the v word Sometimes a child lives with their mother and sometimes they live with their father. 251 252. Please dont use the v word Sometimes a child lives with their mother and sometimes they live with their father. Even if you live with your father for a few hours a week, youre still living with him. 252 253. Please dont use the v word Sometimes a child lives with their mother and sometimes they live with their father. Even if you live with your father for a few hours a week, youre still living with him. You are not v****ing him. 253 254. Please dont use the v word Sometimes a child lives with their mother and sometimes they live with their father. Even if you live with your father for a few hours a week, youre still living with him. You are not v****ing him. Please dont use the v word. Its insulting. 254 255. 255 256. What or who is a petitioner? 256 257. What or who is a petitioner? The person seeking a dissolution 257 258. done! 258 259. Review Legal Separation Annulment Dissolution 259 260. 260