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Category Archives: Divorce

Protecting Your Children in California: Custody Considerations with Domestic Violence Restraining Orders

Seeking legal counsel when navigating child custody amidst domestic violence is crucial. California law prioritizes the child’s best interests, and a domestic violence restraining order (DVRO) can significantly impact custody arrangements. This article provides an overview of relevant California laws and considerations for individuals facing this complex situation. California’s Presumption Against Abusers in Custody Decisions:… Read More »

Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?

What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… Read More »

Can I Return to My Home State to File for Divorce or Must I File in California

QUESTION: Can I file for divorce in Texas while residing in California if I got married in Texas? I am from Texas and my husband is from California. We got married in Texas and then moved to California. We had our baby in California as well and now I am seeking out divorce and seeing… Read More »

Learn What to Do If You Have a Prenuptial Agreement and Your Spouse Seeks Temporary Spousal Support Anyway

Question: My Spouse and I executed a Prenuptial Agreement. It included a waiver of spousal support. They have brought a request for orders for temporary spousal support. Is that Allowed? What do I do? Answer: Yes, they can seek temporary spousal support. You should file a request for orders and a motion to bifurcate the… Read More »

I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?

Question: I  am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can… Read More »

My Ex Moved Out of California Can Our Child Support Order Be Changed By the Court In the New State?

Question: My Ex Moved Out of California Can Our Temporary Support Order Be Changed By the Court In the New State? Here in California a temporary order concerning child support, spousal support and custody was issued by the court. The order included an Ostler-Smith  bonus order. My ex has since moved out of state with… Read More »

What To Do If Your Spouse Won’t Sign the Divorce Settlement Agreement Agreed on in Court?

Very often California divorces end with an agreement between the parties. Sometimes those agreements are reached in court. Are the agreements enforceable? Yes, they are. What if my ex won’t sign the written agreement after the court hearing? You can still get your judgment. Here’s how: Question: How can I ask the court to enter… Read More »

How Does the Payment of Temporary Spousal Support Influence the Final Jugment of Divorce: How Long Does Temporary Support Last?

Question: Our marriage lasted four years, and our dissolution has been pending for two years, with temporary custody and child support plus alimony orders issued by the court. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?   Answer: Yes, temporary spousal support counts… Read More »

What Effect Does Infidelity Have on a California Divorce Case

Question: If one’s marriage ends due in whole or in part to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about custody? Does infidelity influence custody? Answers: Infidelity does not usually influence the division of property in a California Divorce. The process… Read More »

Understanding Bonus Income in California Divorce Cases: The Ostler-Smith Approach

If you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in… Read More »