In order to obtain a divorce in San Bernardino County a person needs to establish residency. In order to file for divorce in any county of California, one of the parties needs to have lived in this state for six months and in the county he or she is filing for three months immediately preceding the filing.

If a person has recently moved to San Bernardino County, it is likely that he or she will not be able to file a divorce case in that county. However, if the other person has been a resident of San Bernardino and meets the residency requirement, then the divorce case may be filed in San Bernardino County.

If neither party meets the residency requirement, a legal separation may be filed in order to obtain temporary orders. Legal separations do not require that a person satisfy the residency requirement. Thus, a person that has just moved to San Bernardino County may have the option to file a legal separation first and then convert the case into a divorce once he or she has met the residency requirement.

This is a very helpful option when a person is in need of temporary support or other temporary orders that cannot wait six months.

If you need help with a divorce or a legal separation, please contact one of our aggressive attorneys for more information at 800-589-9901 or info@dieferlaw.com.

California courts have held that the right to a parent belongs to the child. As such, any agreement between the parties to terminate a parent’s rights is subject to judicial scrutiny. In short, without a proper finding by a court that it is in a child’s best interest to terminate a parent’s right any agreement by the parents that intends to terminate or “give up” one of the parent’s parental rights is void.

Furthermore, public policy disfavors termination of parental rights. It is in societies best interest to have the biological parents support a minor child and not tax payers. Thus, terminating a parent’s rights also relieves that parent from the financial responsibility to provide for the child. Should the remaining parent be incapable to provide for the child, public assistance would be necessary for the minor.

If parents wish to enter into an agreement terminating parental rights, they need to seek legal advice on the process and evidence needed to show that such agreement is in the child’s best interest.

For more information, please feel free to contact one of our attorneys at 800-589-9901 or info@dieferlaw.com.

The two main practical concerns in any spousal support orders should be: how much money will the supported spouse receive and for how long?

The general rule is that if a marriage is under ten (10) years, spousal support lasts for half of the length of the marriage. So, if a couple is married for nine (9) years, the supported spouse may be entitled to support for a period of four and one half (4.5) years.

If the marriage lasted ten (10) years or longer, the general rule is that support may last until the remarriage of the supported spouse, death of either party, or further court order. This language can create a support order that will last in perpetuity until one of the above listed conditions occurs.

The amount of money the supported spouse receives is determined by the marital life style of the parties and the ability of the supporting spouse to pay. It is very important for both the supporting spouse and the supported spouse to make sure the marital life style is accurately determined. A mistake in this part of the analysis can lead to a support order that is too high or too low.

The court should look at the income of the parties, their life styles during the time of the marriage which should include how many cars they owned, what kind of cars they had, if they traveled, had very lavish spending habits, or if the parties were very frugal. All of these factors and many more are considered by the court in determining the marital life style. The area where the parties live is also important. Generally, it may be more expensive to live in Orange Countyversus Riverside County of San Bernardino County. And some areas in Los Angeles might be even more expensive. Thus, the court may also consider where the parties lived in order to determine how much is needed to maintain that marital standard of living.

Of course, these are very simple generalizations of a very complex area of law and divorcing spouses are wise to seek legal advise and further consultation on this issue.

For a case evaluation and a free consultation with one of our experienced and aggressive attorneys call us at (800) 589-9901.