Chances are this amount is considered to be “separate property” under the law. This presumption, however, can be rebutted by what one does with the funds, including placing another party on the title and co-mingling funds in a jointly titled account. Questions regarding property can be confusing and should likely be addressed to a lawyer.

A postmarital agreement is an agreement that a married couple signs after they are married. Our firm strongly suggests that you obtain the proper legal advice as to any agreement you intend to sign to be sure your interests are protected.

California law does not allow both parties to be represented by the same attorney. However, one party can sign a waiver, which waives their right to counsel. Our firm strongly suggests that you obtain the proper legal advice as to any agreement you intend to sign to be sure your interests are protected.

This is an agreement made by a couple before they marry. This agreement may set forth specific limitations on the payment of spousal support, division of property and characterization of property.

During your divorce, if you would like to change your last name back to your maiden name, this can be done within the dissolution paperwork. However, if you would like your name changed for another reason, our firm is experienced in those cases as well. Please contact our office for your free consultation.

If you still want to change your name back, you may file a petition to change your name. You will however be required to pay the court’s filing fee unless you qualify for a fee waiver.

Yes. Depending on the facts and circumstances, a person can obtain a civil harassment restraining order to protect themselves.

If the restraining order is a criminal order, it will show on a background check. Keep in mind, violations of civil restraining orders may have repercussions, including criminal charges.

A domestic violence restraining order can be requested from the court immediately, and a temporary restraining order can be ordered by the court on the same day. A hearing will be set after that to hear both parties’ stories, and the court can then order a permanent or longer restraining order if it finds a party is in imminent danger.

This depends on the length of the marriage and the finances of the parties. If the marriage was at least 10 years, it may be considered a long-term marriage and spousal support can be ordered for at least half of the length of the marriage. If it was a short-term marriage, this is discretionary.

Spousal support is a device that is paid from the higher-earning party to the lower-earning party. There are many types of spousal support, including temporary spousal support and permanent spousal support. Depending on the facts and circumstances of the case, spousal support can be for a short or a long period of time. The general policy of the state in many cases is that both parties be self-supporting, which is a factor that courts consider.

If you have a valid child support order, the order can then be provided to the court with a request for wage garnishment or an income withholding order. If the court grants the order, it then can be served on the employer so that the employer can garnish the support. Keep in mind that any monies garnished by an employer will be sent to the State Disbursement Unit (SDU) first.

Generally, child support ends upon the graduation of the child, when the child turns 18 years of age, or the death of the child, whichever is sooner.

The courts use a guideline calculator such as Dissomaster that requires information from both parties such as time-sharing of the children, income, hardships, tax filing status and other items. Once those items are plugged into the program, it will show how much spousal or child support or both are according to the guidelines. Most attorney offices have this program on hand and can run these calculations.

Generally, the family courts of California prefer that the parties reach an agreement to share custody in some way, shape or form. Having said that, if the parties cannot reach an agreement, a request for order must be filed, the parties will go to mediation (FCS) and then a hearing will occur. At any point during this process, the parties can reach their own agreement, which can be entered as an order by the court.

What is physical custody?

Physical custody is how much time the children spend with each parent, where their primary residence is, and how day-to-day responsibilities are fulfilled.