Marx & Duffy

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In California, what is frequently referred to as “alimony” is known as “spousal support.” In dissolutions of registered domestic partnerships this is known as “partner support.” Spousal support is often an issue when the parties have separate but before their property rights have been determined. During this period the support is known as “temporary support” and each county has a Guideline used to calculate what is generally considered to be the appropriate amount of support in most cases.

The attorneys at Marx & Duffy, LLP have extensive experience in both obtaining Domestic Violence protective orders for victims of domestic violence and in defending parties who have been wrongfully accused of domestic violence. Domestic violence is an extremely serious offense, and allegations of domestic violence are taken extremely seriously by the Courts. Domestic violence restraining orders can impact a party’s ability to obtain work, travel internationally, and, most importantly, in obtaining joint custody.

Premarital Agreements (also called prenuptial or antenuptial agreements) are written agreements entered into before a marriage, generally concerning property and support. With the divorce rate in the US at nearly 50% of first marriages and 60% for second marriages, these types of agreements are becoming more and more common. Prenuptial agreements are especially important when one or both parties enter into a marriage with substantial personal assets and/or substantial earnings.

Child support is determined under California law pursuant to a statewide Guideline. The amount of support depends upon the income of each party, recognized deductions from each party's income and the amount of time the child or children spend with each party. Where one or both parties is self-employed or has fluctuating income, determining the amount of income available for child support may not be as straight forward as other cases. Also, if either party has unusual tax deductions or liabilities, it is important that these matters be property considered.

Under California law, property that a spouse or registered domestic partner owns prior to the marriage or domestic partnership or receives by way of gift or inheritance during the marriage or domestic partnership, is that party’s separate property. Such property may include a business started prior to the marriage or domestic partnership or a residence purchased prior to the marriage or domestic partnership. Sometimes the party’s separate property rights are challenged by the other party or the other party claims that the community has acquired an interest in the separate property.

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