Accused of Domestic Violence in California? Take These Steps to Prepare
Here are some steps that a person accused of domestic violence in California should take prior to the hearing: Understand the charges: The first step is to understand the charges against you. You should know what you are being accused of and what the potential consequences are. You may face criminal charges and/or civil charges… Read More »
Can I Obtain an Ex Parte Emergency Order if My Ex Does Not Follow the Child Custody Orders?
I am often asked about Ex Parte Applications for Child Custody Orders. If you have heard the phrase Ex Parte, but aren’t sure what it means read this post. Here is a question I received today: Question: How do I word my ex parte application for a child custody order modification? My ex has 1st,… Read More »
Learn What to Do if Your Ex Files an Ex Parte about Child Custody
I am often contacted by nervous parents who state that their ex has filed (or is about to file) an Ex Parte Application concerning modifying or creating a child custody order in Family Law Court. Often after I listen to their story, I am able to tell them to relax. The most common reason I… Read More »
Los Angeles Family Law Courts No Longer Have Court Reporters
Change in Rules Regarding Court Reporters Effective November 14, 2022 the Los Angeles Superior Court Family Law Departments will amend its policies regarding the availability of official court reporters. Official court reporters are not statutorily required to be provided in unlimited civil, family law, or probate matters, and existing court reporter coverage will end November 14… Read More »
Dividing the house or other real property in a California Divorce
I am often asked questions similar to this one: Am I entitled to anything from a living trust in divorce if I paid the mortgage? My ex put the home that we are living in into a living trust before the marriage. For the last 5 years or so, I have been paying the mortgage… Read More »
Child Custody Orders Can Be Changed in Los Angeles and Orange County Courts
Child custody orders can be changed by making a written request to the Court that issued the original child custody order. This is called a Request for Orders and is made using the FL-300 Request for Orders form. This is the same form one uses to obtain an initial child custody order. CUSTODY MODIFICATIONS DURING… Read More »
How to Obtain an Order from the Court to Compel a Spouse to Contribute to Attorney Fees in a Divorce?
The Court can order one spouse to pay or contribute to the payment of attorneys fees for the other spouse in a divorce if there is a need. The law that authorizes this is Family Code Section 2030. The purpose of a § 2030 fee award is to ensure a party has sufficient resources to… Read More »
Divorce Mediation Makes Sense Even with the Recalcitrant Spouse
Traditional litigation lawyers and parties are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war. This can be the… Read More »
How is Child Support Determined and Ordered in Los Angeles and Orange County Family Court?
In California, child support is determined using a mathematical formula codified in Family Code Section 4055. The most important factors are the incomes of the parents. The next most important factor is the amount of time the parents have custody. Changes in custody time can sometimes result in changes in child support payment amounts. Child… Read More »
How Child Custody Schedules Are Determined in Divorce and Paternity Cases in Los Angeles and Orange Counties
Learn How Family Law Courts in Los Angeles and Orange County Determine Child Custody If the parents cannot agree on child custody, the courts are guided by two principles in fashioning custody orders. 1. Maintain the status quo. 2. Provide frequent and continuing contact by both parents with minor children. 1. The Ultimate… Read More »