01. Divorce & Family Law
Divorce & Legal Separation
To file for divorce in California, you or the other party must meet the residency requirements. The other party must also be personally served with the divorce petition. That party will then have 30 days to file a response, thereafter you can proceed with divorce by default.
Legal separation is by agreement and allows the Court to divide property, set spousal support and child custody orders, while allowing the parties to remain legally married. This is particularly helpful when one party needs insurance coverage, for example.
Child Custody, Visitation & Support
Public policy in this state provides that both parents have an interest in equal custody and frequent and continuing contact with children of the marriage. A mathematical formula determines child support based on several factors including monthly income and the custodial timeshare between parents.
A prenuptial agreement can protect your separate property assets and plan for the disposition of assets and liabilities in the event of a future divorce. If you have assets you'd like to protect, a prenuptial agreement is strongly recommended. Keep in mind that there are technical requirements that must be met to ensure your prenuptial agreement is enforceable.
If you and your spouse agree on a division of your assets and debts, we can prepare a settlement agreement that meets your needs. In amicable divorces, an agreement is often the cheapest and quickest way to complete the divorce. Summary dissolution may also be an option for simple cases.
Annulment means a judge rules that your marriage is void, or never existed as a matter of law. Immigration fraud is a basis for annulment. To prevail, you must prove the fraud and show that you did not live with your spouse after discovering the fraud. Other grounds for annulment include force, physical incapacity, and unsound mind.
You may qualify for spousal support while divorce proceedings are ongoing. For marriages less than 10 years in duration, temporary support is usually awarded for half the length of the marriage. The amount depends on the parties' income and other factors.
Domestic Violence Restraining Orders
If you are a victim of domestic violence, you may be eligible to file a restraining order for protection against abuse. Abuse can be physical, sexual, technological, financial, or mental. Threats towards your immigration status may also qualify as abuse for purposes of a domestic violence restraining order. If granted, the restraining order can be in effect for 3-5 years. The Court can make orders for child custody and support during this process
In some cases, the parties strongly disagree on how assets and debts should be divided, who gets custody of the children, and who should pay spousal support. For these cases we will work tirelessly to gather and present the strongest evidence for your case in court. We are ready to aggressively protect your interests.