One of the most often questions asked of our family law attorneys is How to File for Divorce in California. In this state, there are numerous ways to file for divorce. The most common divorce filing is when one spouse files and serves a “petition for dissolution” A person can also file a “petition for […]
Can I get married to someone else before my divorce is finalized? Is this done through a bifurcation of marital status?
Believe it or not the answer is yes. A person can technically get married to someone else before their divorce is officially finalized. In California the Divorce Laws allow for the parties in a marriage to bifurcate their marital status before the divorce is actually finalized. What this means is that the parties can get […]
Can I take my kids out of California during a Divorce? Or do the Automatic Temporary Restraining Orders (ATROS) prevent it?
The short answer is that a parent can take a child out of the state of California during a divorce only if the other parent gives written consent or the court issues an order allowing it. This is because the Automatic Temporary Restraining Orders (ATROs) prevent such conduct. Here is the law and why it […]
Does my ex-spouse get half of my lottery winnings? It depends on the date of separation.
Take the example of a person who moves out because they want to divorce but wins the lottery before they actually file for divorce? What happens to the money? Is it split? The answer is it depends on the date of separation. As divorce attorneys we are often asked by our clients if their spouse […]
Can Non Parents Request Child Custody or Visitation Orders for a Child?
Yes. Believe it or not the law is broader in this area then one might think. Child Custody or Visitation is not limited to the natural parents of the child. For example, adoptive Parents, Presumed Parents, and even same sex couples can request custody or visitation. Here is a general overview: Natural Parents A child’s […]
Can I Reduce my Child Support If I can No Longer Afford to pay? How is it done?
Generally, the answer is yes, a person may modify child support if they can no longer afford to pay or if there have been other circumstances that have changed since the order was made. In order to modify a court order for child support, the party seeking the modification bears the burden of proof to […]
Can I Have My Ex Pay For My Divorce Attorney?
Yes. It is possible for one party in a divorce to have the Court order the other party to pay their attorney fees. The Court wants both sides to be represented fairly in a divorce. It is quite common that during a divorce one party has control of the money and the other side does […]
Cohabitation Property Rights
If you and your partner cohabit, yet are not legitimately wed, there are still some residential property possession ramifications. When partners discuss a residence, this is not a roommate-type circumstance and is not treated because of this. Instead, you and your companion should produce a common-law marriage home arrangement that will aid to give guidelines […]