Divorce

Restraining Orders and/or Domestic Violence
If you’re suffering from domestic violence, call the police immediately and get help from an attorney. If you’ve been wrongfully accused of domestic violence and your ex spouse is trying to get a restraining order, contact us immediately. The CLETS restraining order can affect your job and your future.  Don’t let someone manipulate the system. Don’t try to represent yourself. They won’t take you seriously. Contact our firm and make an appointment immediately.

 

Child Support
How much child support is paid is also a determinative factor of how often you or your spouse have visitation with your child(ren) and how much you earn. Usually the parent with the least time pays the most according to their income and to a preset formula that accounts for income, insurance, and some expenses. Contact us for specific provisions and amounts based upon you and your spouse’s income.

If you do not file a case, you cannot collect so don’t let years go by.  You can’t come back with the child is 17 and expect to collect for the last 17 years.  It doesn’t work that way.  Without a court order, nothing is due.  So don’t put it off.  For your child and yourself, file a case as soon as possible.

 

Community Property
California is a community property state, meaning that any assets acquired during the marriage are considered marital or community property. This property is subject to division between spouses in the event of a divorce or legal separation. However, this does not mean that all property will be treated equally or evenly. The court will look to a number of factors to determine how to distribute marital property between spouses. If you are interested in learning more about property division and how property is divided in the divorce, please contact us. We can review the facts of your case and make a determination how we can help you and give you our legal opinion as to who the most likely outcome will be based on our experience. Property which was obtained prior to the marriage and maintained separate during the marriage may remain separate property after the divorce.

 

Child Visitation
How often you see your children and how often your spouse will see the children depends a lot on whether you can work it out on your own or “mediate” the child visitation issue.  Most noncustodial parents end up with every other weekend as ordered by the Court because they don’t fight for more time. You should try to get as much time as you are able to with your child(ren). That’s where having an attorney can make a huge difference.

 

Spousal Support

On a longterm marriage especially, there is a presumption for spousal support.  It does not mean it’s automatic.  That’s why you need an attorney to fight for it.  Even on short term marriages, I have had judges award spousal support.  It is decided on a case by case basis.

If you have questions about spousal support and whether it will affect your divorce, please contact us. California law provides for a number of scenarios for work at home mom, particularly if she has put her spouse through school or put off your own education or career.

Spousal support may be based on a number of factors including ability to pay and standard of living pre-divorce. Whatever you do, Don’t give up, or “waive” spousal support without talking to an attorney first.

 

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