What is a Restraining Order?

restraining order

A restraining order, sometimes called a protective order, is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. It imposes certain behaviors and requirements on the offender with legal consequences should the offender fail to comply. The person who obtains the restraining order is called the “protected […]

Why You Should File for Divorce First

divorce first

Many people going through a divorce are often caught off guard by the initial filing. They may have felt the issues plaguing the marriage weren’t enough to warrant a divorce, or perhaps they thought they had conducted their undesirable behavior in secrecy. Whatever reasons prompted the divorce, the spouse caught unaware is at a disadvantage. […]

Emails & Divorce – What You Need to Know

emails and divorce

The content of emails can serve as evidence in court proceedings, so take care to be judicious in who has access to your emails and how you express yourself within them. Taking the following advice into account can help you use email in a way that protects you and keeps you on the best path […]

Who Gets the House in a Divorce?

House

Occasionally, clients ask us who will get the house in a divorce. The short answer (that our clients don’t like to hear) is that it depends. Is the House Marital Property or Separate Property? Property that was purchased by one of the spouses while they were married is called Marital Property. It doesn’t matter if […]

Who Gets Custody in a Divorce?

custody

Wondering who gets the kids in a divorce and how it is determined? As you might imagine, a lot plays into it. First, let’s talk about the different types of custody. Joint Physical Custody, Sole Physical Custody and Legal Custody These are the three main types of custody that come out of a divorce settlement. […]

What is Property and Business Division?

In a divorce, what is property and business division? At a high level, it’s just like it sounds. It refers to how much of a couple’s property is divided between the two parties, as well as how a business is divided. This can be tricky though, as there are a number of factors that go […]

How Long Does Getting a Divorce Take?

How long does getting a divorce take? There is not a definitive answer for everyone. A lot of factors come into play such as where you live, how quickly the pair can come to agreement on terms of the divorce, and more.  Here are a few things that affect the overall timing. How Long Does […]

Do Children Have Rights in California Child Custody Cases?

Nobody gets married thinking it will end in divorce. That unfortunately usually becomes the result. A break up in marriage is a rough time for everyone who is part of the family, specifically the kids. Both parents contribute to the benefits of their kid. When the mom or dad might be the top person to […]

Who Gets to Keep the Car in a Divorce in California?

Which person will have the privilege of keeping the family vehicle during the divorce?  Many people have difficult financial choices to make, which makes budgets extra tight. Some family members in households only have one car or use the buses to get from one place to another. When a husband and wife decide to file […]

Pet Custody Laws in California

You may think of your dog as your fur child, but California law would not agree. In regards to the law, they are really no different than the precious items or the home. But in more and more homes in California, splitting the pets can get pretty contentious. When you put all of your expenses […]