When filing for a Divorce, there are MANY aspects to consider:

• How long were the two of you married?

• Do you share any children? 

• Did the two of you own any property? 

• Did either of you have a retirement account at any time during the marriage?

• Do the two of you agree with the terms of the divorce? 

 

ALL of these questions (and more) effect the steps and process of your divorce.  It is no secret that the easiest divorce is one where all parties involved agree to the term and every one is cooperating.  However, it is common that friction occurs during the divorce process, and it is necessary to file the necessary documents to ensure that you are protecting your rights and assets. 

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Here is a brief list of the most common aspects of our client's divorces that arise: 

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Child Custody / Visitation  

According to the State of California, "Child custody refers to the rights and responsibilities of the parents for taking care of the children" .  Custody is determined through both legal custody and physical custody: 

• Legal custody: who makes important decisions for your children (like health care, education, welfare). 

• Physical custody: who your children live with most of the time. 

The parent that is not granted primary custody is usually the parent that is granted "visitation"
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Examples of Important Decisions

• School or childcare 

• Religious activities  

• Psychiatric, psychological, or other mental health counseling or therapy needs 

• Doctor, dentist, orthodontist, or other medical care (except in emergency situations) 

• Sports, summer camp, vacation, or extracurricular activities 

• Travel 

               

The State of California has put together a VERY helpful website as it pertains to children and divorces. 

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Many of our clients have used this website to get good ideas and insight on how to handle and explain the

basics of divorce to their young children.  Because divorce is hard on EVERYONE, we typically see that the

kids involved take it the hardest.  Please check out the Families Change website.

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When you are ready, fill out our intake and give us a call, so that we may assist you. 

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Child Support / Spousal Support

According to the State of California, "Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses".

 

For the most part, child support is a produce of each parents income, along with the needs of the child, and the time that each parent spends with the child.  For a rough estimate of child support payments, refer to the California Child Support Calculator.

 

A child support order can be modified (see modifications below) at any time that income or visitation changes for either of the parents. 

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The State of California furthers that, "Spousal support (also known as alimony) is a court ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses.".  Typically, spousal support is a product of income for each of the spouses, time in the work force, and length of marriage.  These factors are the larger considerations when the judge determines the amount and  the duration of spousal support.  A spouse can request for temporary orders and/or permanent orders. 

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Be sure to fill out our intake before coming in for your first appointment.         

 

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Domestic Violence / Restraining Orders

The State of California describes Domestic Violence as: 

            "Abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate

            relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child

            together). It is also when the abused person and the abusive person are closely related by blood or by

            marriage."

 

The domestic violence laws say “abuse” is:

• Physically hurting or trying to hurt someone, intentionally or recklessly;

Sexual assault;

• Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR

• Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property. 

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IF YOU OR ANYONE YOU KNOW IS BEING ABUSED, REACH OUT TO YOUR LOCAL POLICE DEPARTMENT.

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They can issue you or them an immediate protective order, which will carry you to the point at which you can file for an official restraining order.

 

The State of California describes a Restraining Order as, "a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with".

 

If you do not qualify for a domestic violence restraining order, there are other kinds of orders you can ask for:

• Civil harassment restraining order (can be used for neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.)

• Elder or dependent adult abuse restraining order (if the person being abused is 65 or older; or between 18 and 64 and a dependent adult). 

• Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, or harassment by another person).

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Click here for our  intake so that we may better assist you

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​Modifications'

"Here is what the State of California has to say on "Modifications":

   

 "After a judge makes a custody and visitation order, 1 or both parents may want to change the order.

There are many good reasons why a parenting plan may need to be changed. As the children get older, for example, their needs, interests, and activities change. And as each of the parents moves on with his or her separate life, new partners, new jobs, or new homes can all mean that the parenting plan needs to be changed.

   

 Parents may need to renegotiate portions of their parenting agreement every 2 ½ to 3 years. If the parents agree on the changes, they can change their court order by using an agreement.  But if the parents cannot agree on the changes, 1 of the parents must file papers with the court asking for a change (a “modification”) of your current child custody and visitation order. "

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    Getting started on our  intake so that we may assist you in the process.  We ALWAYS guide you through until the very end.

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QDRO (Qualified Domestic Relations Order)​

A QDRO is a specific type of court order that divides certain retirement benefits in a divorce case.  A couple can agree on the division of a retirement plan, or the judge can make the final ruling.  Because retirement plans are operated by special agencies, they are required to be ordered directly from the court on how to be divided.  

    Not all retirement plans need to be divided by way of a QDRO.  You will need a QDRO if you're trying to divide the following types of plans:

• 401(k), 403(b), and 457 plans

• thrift plans

• profit-sharing plans

• money purchase plans

• employee stock ownership plans

• tax-sheltered annuities, and

• business/corporate defined benefit or pension plans.

  It is suggested that the participant and the alternate payee seek advice from a tax specialist when deciding how their portion is to be distributed to them.  

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Click here for a 

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