Yes, same-sex marriages can be annulled in California under specific circumstances, such as fraud, incapacity, or incest. The legal grounds for annulment are the same for both same-sex and opposite-sex marriages.
Violating a restraining order is a criminal offense in California. The consequences may include arrest, fines, and potential jail time for the offender.
Yes, domestic violence can have a serious impact on child custody and visitation decisions in California. The court will consider the best interests of the child and may limit or supervise visitation to protect the child’s safety. More importantly, in the event of a Domestic Violence conviction, the court is mandated to issue an order […]Continue reading
Yes, domestic violence can be used as a basis for divorce in California. It is considered as a fault-based ground for divorce, although “irreconcilable differences” is all that is required, regardless of fault.
Yes, same-sex couples are afforded the same domestic violence protections as oppositesex couples in California. The law does not discriminate based on sexual orientation or gender identity.
Yes, if the parties reach an agreement through mediation, they can formalize it into a legally binding contract or agreement. Once signed, the mediated agreement can be enforceable in court and the terms of the Mediation Agreement will be confirmed and included in a formal Judgment filed with and entered by the court.
If a party feels intimidated or unsafe during mediation, they should communicate their concerns to the mediator or seek assistance from appropriate authorities. Mediators are trained to create a safe and respectful environment for all parties involved.
Yes, if the parties reach a mediated agreement and the terms are set forth in a Judgment, filed with the Court, and later need to enforce its terms, they can seek court intervention to ensure compliance or request modifications based on changed circumstances, if appropriate under the law.
Mediators do not provide recommendations or opinions to the court. Their role as a neutral is focused on facilitating the parties’ communication and helping them reach their own agreements.
A mediated agreement can be challenged or overturned in court if it can be proven that there was fraud, duress, coercion, non-disclosure of assets by a party, a failure to disclose income by a party, or other significant factors that invalidate the agreement. However, such cases can be complex, complicated, and require legal analysis and […]Continue reading
