If you are considering divorce, need to obtain a post-judgment modification, or need help with any other Family Law issue, contact Bloom & Rudibaugh at (951) 652-1400 today to schedule a consultation. We have offices in both Hemet and Murrieta to better serve the needs of our clients.
With over 30 years’ experience representing clients in Family Law Cases, the attorneys at Bloom & Rudibaugh understand that our Family Law and Divorce clients may be experiencing a great deal of anxiety and uncertainty. We will work diligently to resolve your case as quickly and as favorably as possible.
An annulment is the legal nullification (invalidation) of either a void or a voidable marriage. A void marriage is one that is treated legally as invalid from the offset. Examples are incestuous or bigamous marriages.
A marriage can be deemed void if any of the following requirements are met:
1. Age of the Parties: If a party to the marriage is under the age of 18 and did not obtain either parental consent or consent of the court to marry.
2. Prior Marriage: If either party was married before the current marriage, and was remarried under the mistaken belief that their prior spouse was dead.
3. Duress: If either party entered into the marriage because of force.
4. Fraud: If one party entered into the marriage based upon a fraud perpetrated by the other party.
5. Mental Incapacity: If either party was unable to understand the marriage contract at the time they entered into the marriage.
6. Physical Incapacity: Physical incapacity is defined as one party’s inability to consummate the marriage.
When a court grants an annulment, it is as if the marriage never legally occurred.
Divorce proceedings are often traumatic and stressful for all parties. There are numerous concerns relating to child custody, visitation, support, and the equitable division of property.
The Law Offices of Bloom & Rudibaugh have been guiding people through the stressful divorce process for over thirty years. We understand your concerns and the stress that you are going through. As a result, we have structured our firm to be as client friendly as possible and strive to ensure that each client receives the highest level of personalized service.
Child custody disputes are emotionally charged and are quite often difficult to resolve. California law encourages joint custody between the parents, as this is typically in the best interests of the child. When the parties are unable to come to a resolution of this issue, court intervention will become necessary.
There are two types of custody in California: Legal Custody and Physical Custody.
Legal Custody provides the parties the right to make all decisions with respect to the child’s general welfare, including schooling, medical care and religious upbringing. Legal custody may either be shared by both parties (joint legal custody) or granted to one party alone (sole legal custody). In most case, legal custody is shared.
Physical custody is typically shared by the parties. When physical custody is shared, the courts will grant one parent primary physical custody (meaning that the child’s primary place of residence is with this parent), with visitation rights granted to the non-custodial parent.
When making a custody determination, the Court will consider the fitness of each parent, and will examine the parent’s physical and mental ability to care for the child, the relationship that that parties share with the child, as well as prior bad acts and habits of the parties. The Court’s primary purpose here is to ensure that the best interests of the child are met by taking into account each parent’s ability to provide a stable, nurturing environment for the child
California child custody laws are extremely complicated and should not be handled without assistance of counsel. The Law Offices of Bloom & Rudibaugh have over 30 years experience handling complex custody disputes. We are committed to providing knowledgeable and aggressive representation of your matter. If you are facing a child custody dispute, contact our offices and to set up an appointment for a consultation.
While child support may seem like a rather straightforward matter, the state of California uses an extremely complex guideline formula in the determination of child support. As a result, courts use computer programs to determine the amount of child support that you will pay or receive. Numerous factors are taken into account at the time that child support is set, including tax filing status, the percentage of time you spend with your child, any other children you are responsible for supporting, and tax deductions you may have on your home.
It is crucial that anyone seeking child support meet with an attorney who is experienced with these child support calculation programs, as we often find that many family law lawyers will overlook factors critical to determining the final support obligation. Contact us to learn how we can help you either receive what you are entitled to in order to help care for your child or pay no more than you are legally bound to as the non-custodial parent.
Additionally, if you are being investigated or sued by the Department of Child Support Services, you will need professional advice and help. DCSS has the authority to issue liens, garnishments, and tax offsets, and it can be extremely difficult to reach your caseworker to settle any disputes you may have with them. If you have received notification from DCSS, contact The Law Offices of Bloom & Rudibaugh immediately. We can help you navigate their system and make sure that your rights are protected.
After child custody is determined, visitation rights are awarded to the non-custodial parent so that they may spend time with their children. It is always best to have a set visitation schedule, providing each parent with specific times, dates and holidays that they will have their children. This will prevent the parties from arguing about visitation makes the visitation process much easier on both the parties and children involved.
If the parties live in close proximity to each other, visitation to the non-custodial parent may include time spent with the child during the week, every other weekend, a set number of days during the summer, rotating holidays and birthdays, etc..
If the parties live a substantial distance from each other, visitation may include extended visits during the child’s school breaks and rotating holidays.
The Law Offices of Bloom & Rudibaugh can help you through this difficult time. We are committed to helping parties work out a fair and equitable visitation schedule, while looking out for the best interests of the children.
Being threatened with physical or emotional violence is serious, and sometimes intimate partners or family members need to seek a restraining order for reasons of personal safety. The Law Offices of Bloom & Rudibaugh have helped numerous clients obtain restraining orders to help ensure that they remain safe.
We also represents people who have had wrongful abuse allegations made against them. If you are undergoing a contentious family law battle and your ex-partner has made revengeful and unwarranted allegations of abuse against you in order to better their position in court, you must contact an attorney immediately to make sure your rights are protected.
If you need to get a restraining order, or if you need to defend against one, contact us immediately to discuss the details of your particular case. We can help you with all matters relating to domestic violence.
Special rules and laws apply when either party to a divorce proceeding is an active duty member of the United States Military.
An active duty military member must be served personally with the divorce summons and petition. If the military spouse consents and files a waiver of acknowledgment, the proceedings may continue in their absence. Should the military spouse fail to provide consent, under the Soldiers and Sailors Civil Relief Act, the proceedings may be postponed until the active duty member returns from their duty station.
These laws are in place to protect active military members from being divorced and losing rights without their knowledge.
When questions arise regarding a party’s obligations to a child and their parental rights, you may need help establishing paternity. In order to receive child support, the court must declare legal paternity for unwed parents. Until this occurs, there is no legal right to support or duty to pay. You may do this is by filing a paternity action. If the parties stipulate to paternity, the court will issue rulings with respect to support and custody. Should one party contest the action, the court will order DNA testing and will rule on paternity based on those results.
If you are an unwed father or mother seeking to establish paternity, you must act immediately. Failure to establish or contest paternity in a timely manner may affect issues such as support, visitation and custody. Contact The Law Offices of Bloom & Rudibaugh for answers to all of your paternity questions.
Modifications to Current Orders
Modifications to support, visitation and custody orders may be granted when there is a change in circumstances, such as relocation, job change, disability, or remarriage.
If you have had a change in circumstances, The Law Offices of Bloom & Rudibaugh will work with the other party and their attorney to help make any necessary changes to your current orders as quickly and smoothly as possible.
Prenuptial (premarital) agreements are contracts designed to protect a party’s assets in case of death or divorce. Prenuptial agreements are typically entered into when either party has significant assets, owns property, or owns a business before marriage, and wants to ensure that those assets remain protected. For instance, after marriage the community can earn an interest in separate property assets simply by virtue of making the mortgage payments with joint earnings. Parties can avoid this when they enter into stipulated premarital agreements.
Although it may be a difficult subject to bring up when planning to get married, a prenuptial agreement can protect both parties.
If you are thinking of getting married but want to learn how to protect your assets in case of unforeseen circumstances, or your partner wants you to sign a prenuptial agreement, contact our offices. Bloom & Rudibaugh attorneys will provide advice tailored to your specific situation.