FAQs
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Family Law
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How do I get a restraining order?
If you are in imminent danger, call the police. If police concur that the threat of domestic violence is real and imminent, they can have a judge issue an emergency protective order that will last up to a week. Then your lawyer can help secure a temporary restraining order, which lasts for 20-25 days and is intended to keep you safe until the hearing. At the hearing, evidence of the need for long-term protection can be presented. If the evidence is persuasive, a judge may issue a permanent restraining order that can last as long as five years.
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What if my ex isn’t paying child support?
The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.
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How is child custody decided?
Child custody decisions are made exclusively based on what the courts deem is the child's best interest. This will depend on a range of factors unique to each couple, so there is no one-size-fits-all answer. But as an example, if it's already been agreed that one spouse will get the family home, a court might deem it in the child's best interest to live with that parent simply for the stability of staying in the same house.
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Who gets the house in a divorce?
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.
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Do I need a lawyer to get a divorce?
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
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