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Welcome to Family Law Matters. I’m Dr. Michael Mantell, always privileged to be with Bonnie Rabinovitch-Mantel, who is the owner and managing partner of the Primus Family Law Group, where experience meets results. Hi, Bonnie.
Hi, Michael. How are you doing today? Doing great. Bonnie, back a couple of weeks ago, I forget the exact date, July 21st, was it? 22nd.
22nd, excuse me. Primus Family Law sponsored a magnificent event, so well attended, it was great, called Divorce 101. Lots of education for people who wanted to have questions answered, simple questions and complicated questions, and get some free bagels and coffee.
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Bonnie, when you look back and you think about some of the key questions that people had, any come to mind that our viewers who couldn’t attend Divorce 101, at least this time, but maybe the next time, might think, I should have asked that question. Any questions pop into your head as key questions people ask? Well, first, I do want to say in the general shout out to thank those who did come and made this event the success that it was, and we will be doing them every month. So if you didn’t come last month, we will do another one, maybe slightly different topics, but we’re going to do them every month.
So this past time, one of the things that myself and my other associates noticed was people had a lot of questions about residency. How long could they be here before they could file? If I just moved yesterday, can I file? And it was interesting to explain, to have to explain more than once that you have to live in San Diego for six months. Six months before you can file, unless it’s an emergency.
If you’re running away from somebody, because you’re running away from an abusive relationship or an unsafe relationship, you can file for temporary emergency orders and be able to stay here until you meet the residency requirement. You won’t be able to file necessarily your petition for divorce, but you can file for temporary emergency. They also, the question was, well, what if I want just separation and not divorce? If you want to legally separate, the residency requirement is only three months.
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So some people will file for separation and then kind of convert it into a divorce when the six months is up. And we do all of that here. One of the questions that I recall someone alluded to was, we’re not married, we have a child, and I now want to move on to another relationship.
Bye-bye, mom and baby. But I want to take the baby at least half the time. Are divorce, one of the divorce laws, the question came up about the divorce laws covering financial responsibility, rights to the child and all that, if there’s not really a marriage.
Well, it’s not a divorce because they weren’t married. It’s a parental relationship. And so it follows the exact same process.
If two people are not married, but they have a child and they want to establish visitation and support orders, instead of filing a petition for dissolution, which is marriage, you’re filing a petition for custody and visitation. Or you’re filing a petition for custody and support, along with a petition to establish your parental relationship. And what about the financial responsibilities? Is that the same as the courts do for marriage? Correct.
It’s the same process. Obviously, without a marriage, there’s no spousal support, sometimes known as alimony in other states, because you were never married, there was no community from which you can get paid. So it’s just child support.
If you were living together, and you bought, let’s say, I don’t know, a house together, and you’re not married, we’re in family court, not going to divide it, you’re going to have to do a civil action for all your stuff, because it’s civil. But for your kid, that is family, and that will be handled by family court. It was quite a active, exciting and very invigorating event.
Lots of good questions and people had left with having more and more. So people want to reach you and talk to you a little bit more about Divorce 101. And other questions they have, how can they be in touch? Well, they can always reach us directly at 619-574-8000.
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And someone on my staff will put you on my calendar for a free 30 minute phone consultation. Or you can reach us online at www.PrimusFamilyLaw.com. There’s a form you can submit. And that will tell us a little bit about your situation.
And we will reach out to you so we can put you on my calendar for that consult. Sounds great. Wishing you luck on the next Divorce 101.
We are excited. With all the wonderful people and the wonderful, delicious treats they serve. Thanks very much.
We’ll see you soon for another Family Law Matters. Thank you, Michael. Have a great week.