CUSTODY

Custody refers to who has legal decision-making authority in the life of a child. The decision-making authority is usually in regard to major life issues such as religion, education, health and activities.
Typically in two-parent, intact families, parents share decision-making authority. The decision making process between co-habiting parents may reflect mutual input and a consensus model or a distribution of responsibilities where one parent takes a primary role with respect to making decisions and the other parent, generally in agreement and trusting with the decisions, takes a secondary role.


For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

DIVORCE CONSIDERATIONS ON RETIREMENT AND SOCIAL SECURITY

Pensions are joint assets, and can be divided in a divorce settlement. Your lawyer will need to prepare a Qualified Domestic Relations Order (QDRO) before your divorce is finalized.

If your marriage lasted for at least 10 years, you are eligible to collect on your ex's spousal portion of their social security pension, provided that you don't qualify to collect based on your own earning. If you qualify, you can collect once your ex-husband turns 62 (whether or not he retires), and the divorce has been finalized for over two years.

Unmarried children under 18 are entitled to survivor benefits if your ex-husband dies.

If you were married for at least 10 years, you qualify for the same survivor benefits as a widow

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

INITIATING THE DIVORCE

In California, the person filing for divorce or a legal separation does so by filing and serving a Summons and Petition for Divorce or Legal Separation. The Petition has two parts. The first section of the Petition sets out basic details such as the identities and residential addresses of each party, the date and place of marriage, the names and dates of birth of any children of the marriage, the matrimonial assets and so on. The second section of the Petition sets out the orders or relief being sought by the person filing the document (eg. sole custody).

In some instances, a party may also need to seek urgent orders (eg. where you are very concerned that the other spouse is or will dispose of matrimonial assets). Be sure to get legal advice if there are immediate matters that need to be urgently addressed whether they involve domestic violence, property or child custody. 

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --