Once a divorce has been commenced, the court has the power to issue a temporary order or orders relating to finances, children, personal property, real property, use and possession of the marital or domestic partnership residence, and other relief as to the court seems just and proper.
The court can also issue restraining orders which are based upon more urgent facts and circumstances than the aforesaid Temporary Orders, such as an order barring a party from certain premises, including the domestic partnership or marital residence, orders to prevent abuse, and orders precluding a party from removing the child(ren) from the state or a particular locality.
If you feel that you will need temporary relief, please mention it to us immediately. We will need to file documentation which includes, in most instances, your sworn declaration setting forth the facts and circumstances of your matter.
If you have been threatened or abused, please immediately notify the police. Please notify us after you have contacted the police.
Property ownership and division of the assets of a domestic partnership or marriage are usually decided at the Final Hearing. In the event that the parties can agree on a division of their property, both real and personal, then such an agreement may be incorporated into a property settlement and submitted to the court for approval.
California is a community property state. This means that the community has an interest in all property, wherever situated, that was acquired during the legal union. If the parties are not able to agree on a division of their property, the court will divide the community estate equally between the parties, with each party receiving a one-half share.
It is important for you to be frank and honest with us, and provide us with sufficient documentation and information so that we may gain a comprehensive view of your community estate and determine our strategy with regard to your various property interests.
We are seasoned in the division of complex marital and partnership estates and will exercise diligence to ensure that the court is sufficiently apprised of the proper characterization of your property.
The court is vested with jurisdiction to award both spousal or partner support and child support for the children of the legal union.
The Family Code contains specific provisions pertaining to spousal/domestic partner support and child support. These provisions include factors that are to be considered by the court when it issues orders awarding either type of support. The earnings of the respective parties, and the needs of each party, are but two examples of these statutorily enumerated factors.
The parties retain the right to stipulate as to amount and duration of support payable to the other party. While the law provides that spousal support terminates upon death or remarriage of either party, and while there is a rebuttable presumption that cohabitation reduces a supported party’s need for support, the parties are able to contractually circumvent these requirements.
If custody and visitation, or time-share, cannot be agreed upon, then the court will, after hearing, issue orders establishing both physical and legal custody and awarding time-share of the child or children to each party.
Given the sensitive nature of custody and child-rearing, we are very attentive to the impact custody of, and visitation with, your children can have on your dear young ones. Our expertise and knowledge provide us with a solid foundation from which we will diligently and vigorously endeavor to resolve custody and time-share issues on your behalf.