Divorce Archives - Page 13 of 14

Divorce

Divorce By: Wail Sarieh Last Updated: September 11th, 2026

What if a Domestic Violence Restraining Order is Granted Against Me?

First of all, a domestic violence restraining order, if it’s granted against you, it will be on your records and may affect job application. But most importantly, if you have a child, there is a presumption under the law that if you are the perpetrator of a domestic violence act, it would not be on your child’s best interest that you have sole legal or sole physical custody over the child. And this is the effect of a domestic violence restraining order over custody of a child. If you have…

Child Custody

Child Custody By: Wail Sarieh Last Updated: September 11th, 2026

Can I Move Away from California with my Child?

The answer is, it depends whether a petition has been filed with the state of California or not. If a petition has been filed the Summons accompanying the petition will have the automatic restraining order that prevents you from taking the child outside the state. If there has been no petition filed, there are no court orders, then yes, you can take the child outside the state of California. Now what if there has been a petition filed and you really need to move away outside California with your child?…

Divorce

Divorce By: Wail Sarieh Last Updated: June 14th, 2014

What does it mean that California is a Community Property State?

In a Community Property state such as California, everything or the properties acquired during the marriage are considered community properties 50/50 division. Is that the end of the analysis? No. Let’s take an example. Let’s assume you and your spouse, you got married and you purchased a property, let’s call it a house, and you fronted the down payment out of money you had in your possession before the marriage or let’s say your parents gave you the money. Would that down payment be considered part of the community property?…

Divorce

Divorce By: Wail Sarieh Last Updated: May 30th, 2014

How Long Does it Take to Get Divorced in California?

It takes, according to the law, at least 6 months and 1 day for the court to have the power to divorce you but that does not mean that the court will grant you an automatic divorce decree or judgment. It is up to you to secure this judgment meaning you have to follow some legal procedures such as filing your preliminary Declaration of Disclosure, entering the default or asking the court to set the matter for trial to get the judgment of divorce. So it’s not going to be…

Child Custody

Child Custody By: Wail Sarieh Last Updated: March 7th, 2014

Can a Family Court Award Custody To A Non-Parent?

Family Code Section 3040 & 3041 appear to give the family court jurisdiction (power to issue orders) to award custody to a non parent. However, this Code is so ambiguous and have been misused by litigants and courts alike on multiple levels. There are two different distinctions from what appears to give the family court power to award custody to a non-parent: 1. The family Court does not have jurisdiction to award custody to a non parent if the non parent initiates the custody proceeding and; 2. When a custodial…

Divorce

Divorce By: Wail Sarieh Last Updated: March 14th, 2013

California Spousal Support

Spousal support, also known as alimony, is sometimes awarded after a divorce to help the ex-spouse maintain the standard of living that was established during the marriage. The assumption is that both spouses made material and immaterial contributions during the course of the marriage, whether that was bringing home a paycheck or doing the housework and taking care of the children. In the past, it was more likely that the woman would be awarded alimony, especially if she had no employment experience or skills, but gender does not have to…

Child Custody

Child Custody By: Wail Sarieh Last Updated: January 17th, 2013

Pros and Cons of Filing for Sole Custody

Our Orange County child custody lawyers know that divorce is, by its very nature, painful. A contentious divorce can translate into a contentious custody battle. While some parents seek sole custody because they truly believe it is in the best interests of their children, others seek sole custody out of revenge over the divorce. There are a variety of other motives involved for a parent who seeks sole custody, however before you decide this is the best course of action you need to do some soul-searching. In some instances, gaining…

Divorce

Divorce By: Wail Sarieh Last Updated: January 10th, 2013

One of the Most Valuable Assets in a Divorce: the Retirement Pension

When couples divorce the net worth of both parties must be accurately calculated by adding up the value of assets minus the value of all liabilities. In many cases the pension plan is completely overlooked, which can significantly affect the future of the spouse who receives no part of the pension. A Qualified Domestic Relations Order will likely be required if a pension (perhaps one of the most valuable assets) is a part of the marital assets. Federal law and IRS regulations dictate that a QDRO must be created during…

Divorce

Divorce By: Wail Sarieh Last Updated: January 7th, 2013

How a Cash Business Can Affect Your Divorce

Those who are going through a divorce with a spouse who has a largely cash-revenue business might have reason to be concerned. Particularly if the spouse with the business is less than forthcoming in revealing financial information regarding the business, you could need to take a few extra steps to ensure your financial interests are protected. A business valuation could be the first step to take, and you will likely need to hire an expert who understands this is more than a typical, straightforward business valuation. Of course you will…

Divorce

Divorce By: Wail Sarieh Last Updated: December 31st, 2012

How to Find Hidden Assets During a Divorce

If you are struggling through a divorce and have suspicions that your spouse may be hiding marital assets, finding those assets could be critical to your very future. It is believed that at least 20 percent of spouses attempt to conceal assets or income during a divorce and that, by and large, the spouse who is more likely to practice deceit in this area is the husband. As most people are aware, divorce tends to bring out the worst in people. Spouses who simply don’t want to pay out one…