Landers Law Corporation provides honest, thorough, practical, and cost-effective legal representation to clients filing for divorce, child custody matters, visitation, support issues, and pre/post-nuptial agreements. We also handle post-judgment matters such as modification of spousal support, child support and child custody orders.
There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment
and the divorce will go through. California is a “no-fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong. To get a no-fault divorce, one spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.”
Child Custody and Parental
Legal custody refers to the decision-making right and responsibility regarding substantive issues like education, religion, and non-emergency medical care. Physical custody refers to the actual care and control of the children—where the child resides, as well as who that child resides with and for what periods of time. Legal and physical custody can be sole or joint. The best interests of the child or children are the primary factors in determining the parties' custody arrangement. Visitation is the schedule by which the parties coordinate their respective parenting time with their children, agreed upon by the parties or imposed by the court.
California law provides that both parents have a general obligation to support their minor children, both natural and adopted, whether or not the parents were married. Child support can be requested by one party from the other through an action for dissolution, legal separation, nullity, paternity or a domestic violence action. In general terms, child support is based upon the incomes of both parties, which parent has custody and how much time the non-custodial parent has with the child or children.
Child Support Modification
We are also available to assist in child support modifications. Parents often file for modification after there has been a significant change in income or a change to the visitation or custody percentages either parent enjoys.
We also offer services in asset protection for individuals about to enter into a marriage, or those in a cohabitation situation. In order to preserve that which one has worked so hard to acquire, it can be essential for certain individuals to have written agreements (a Prenuptial Agreement) with either a spouse, or cohabitant, in order to ensure that assets are not diminished.