What Are Ex Parte Hearings?

Ex parte (Latin, literally “from one party”) hearings are emergency hearings requested from a judge by one party usually without informing the other (or only informed on short notice) hence not all parties are present in the ex parte hearing. Ex parte hearings usually grant temporary restraining orders/custody when there is no time to lose [...]

Can we make our child go to school of our choice?

After divorce? Yes – if you have the sole custody of your child (making sure that visitation rights are not affected). If you and the other parent have joint legal custody, the choice of school for your child should be a mutual with the other parent. But the best interest of your child should be [...]

Seek Work Orders / Gavron Warning

When a couple divorces, one of the spouses may be made to pay alimony to the other. This creates two potential situations: Seek Work Order for either spouse or a Gavron Warning for the receiving spouse. Seek Work Orders The supporting spouse, when he or she goes bankrupt or unemployed (even if very employable), may [...]

All About Divorce Disclosures

“Cut and cut cleanly,” goes the saying, and is particularly important in divorce, so that bank accounts, property, investments, and debts can be divided fairly between divorcing spouses. The best way to do this is to require that both spouses declare (disclose) all their property, assets, and liabilities. Under California law, the courts require ‘Declarations [...]

Divorce Financial Disclosures Overview

Disclosures are used to gauge one’s financial standing. In divorce, financial disclosures are used to divide property between spouses fairly. The business of sorting out what goes to whom in a divorce becomes more difficult in Community Property States (which includes California), where everything earned or bought by the spouses during their marriage are considered [...]

Cameron Park Same-Sex Divorce Attorney

A recent California law was passed allowing same-sex couples who were married in California before Proposition 8 to get a divorce. The new law will go into effect in January 2012 and provides for couples who reside in states other than California but were married in California to legally divorce in accordance with California law. [...]

What is a Domestic Violence Restraining Order?

Definition A domestic violence restraining order is a court order telling a family member, close relative (by blood or marriage), lover, or ex to stop abusing you or else face punishment by the law. Domestic Violence You can file for a domestic violence restraining order if your family member/relative/lover does at least one of these [...]

How Long Does It Take To Get a Divorce in California?

Divorce becomes final at least six months after your divorce petition is served to your spouse. This is as long as the residency requirement for getting a divorce in California, and serves as a “cooling off” period, so that couples still have time to change their minds and reconcile. On the other hand, this time [...]

Hardships for Child Support

It can happen that the amount of child support, coupled with unexpected situations, can cause hardship for the supporting parent, the other parent, or the child. When this happens, the court can modify the amount of child support for a parent suffering extreme financial hardship because of child support. Whether you are a supporting (obligor) [...]

Can we change custody orders anytime?

Yes. This includes child visitation orders. Only if found valid of course. The court will need to find out if your request to change child custody is in your child’s best interest – considering your child’s health, safety, education, and welfare, as well as stability from frequent and continuing contact with both parents. Officially, you [...]