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Divorce can be an expensive process. Let’s face it. It’s usually a costly process. Even when the separation is amicable, from start to finish, many divorcing couples end up spending tens of thousands of dollars each. Of course, not going through with a planned divorce to avoid the bill is a nonstarter for most people. So, it’s better to find ways to reduce your costs and lower the overall financial burden. How to Manage the Expense of Divorce Figure out a way to hire an attorney. In most divorce situations, you’ll want to have a divorce attorney on your side. This is especially true if your spouse plans on having their own attorney. You should have equal representation to protect your assets and future. If you feel you can’t afford an attorney, public policy also favors equal access to an attorney for both sides. Family Code 2030 allows you to petition the court and request that your spouse pay your legal fees. Additionally, suppose you have a real property that must be divided in your divorce. In that case, family law attorneys can place a lien on that property and pay off your fees at the end of your case when your property is sold. Be realistic in terms of outcomes. Another way to ultimately save money on your divorce is to be sure that you are being realistic about your objectives. That is, be willing to compromise from the start because that’s what divorce negotiations are all about. Discuss, listen, and compromise so that you can part ways amicably and with as much of what you want as possible. In the long run, being flexible and compromising will get you much further than if you refuse to budge on all negotiations. Of course, you also don’t want to be a pushover if your spouse is trying to get a lot out of you, and this is where a reasonable divorce attorney can help. Be organized. Finally, be as organized and prepared as possible as divorce proceedings begin. This is especially pertinent when it comes to your financial records. Your attorney will want to take a look at all of your bank statements (checking and savings), mortgage documents, credit card records, investments, and other records and documents. Having this information at the ready will streamline the process. In addition, when speaking with your attorney, make your discussions more efficient by always being prepared. Attorneys charge by the hour, so prepping documents and writing down any questions or concerns will ensure that your attorney bills don’t become high. Are You Getting Divorced? Contact Mohajer Law Firm Today We at Mohajer Law Firm understand how challenging getting a divorce can be, and we want to help. We offer free initial consultations and would be happy to sit down with you to discuss your case and legal options. [yotuwp type=”videos” id=”-rMF7-xk1DE” ]

During a separation or divorce, both spouses need to understand that spousal support is not a right, nor is it a guarantee. In other words, while spousal support does play a significant role in many divorce cases, not everyone is entitled to it. The court will analyze several factors before determining whether alimony is to be awarded and, if it is, how much. There are also different types of spousal support to be aware of. There is temporary support and permanent support. Below, we’ll take a closer look at spousal support and how and why it is awarded. What Is Spousal Support? Spousal support, or alimony, is a monetary award often ordered by a court to be given to one spouse (the payee spouse) from the other spouse (the payor spouse) during a divorce or separation. Temporary spousal support may be awarded to a spouse while a divorce case is pending, and the couple is only separated. Some courts will award this support during this pre-judgement phase as long as specific requirements are met. Permanent spousal support is what most people think of when they consider the more traditional kind of spousal support. While it is set up for more extended periods than temporary support, permanent spousal support is also not financial support that goes on forever. Instead, it is a more stable, long-term form of alimony. Factors Considered When Deciding on Spousal Support As stated above, the court will consider several factors before judging whether support should be awarded and how much. Namely, the court will look at Family Code 4320, which lists several determining factors. First, Family Code 4320 looks at the standard of living present during the marriage and compares this against each spouse’s earning capacity. Unemployment, training, marketable skills, and education are all considered here. Other factors are considered as well: How long the couple was married The ability of the paying spouse to pay How much the to-be-supported spouse helped support the other’s training, schooling, etc. Assets and obligations Standard of living needs for both spouses The health and age of each spouse Any pertinent court records The balance of spousal hardships in the marriage And more Remember: If you are going through a divorce and are looking for immediate but temporary financial relief, don’t necessarily look to Family Code 4320 for answers. This code only applies to permanent support. However, if your case is still not ready for trial, this doesn’t mean you cannot petition for temporary support. Contact Us Today to Book Your Free Consultation If you are going through a divorce and have questions about the process or about spousal support specifically, contact Mohajer Law Firm for help. We offer free initial consultations for clients who are interested in our services. [yotuwp type=”videos” id=”xKE7JXsabRk” ]

Most people who are getting married don’t plan on getting a divorce down the line. That’s not the goal, anyway. But life happens. Circumstances change, time passes, and, unfortunately, divorce is an inevitable and necessary part of life for many couples. Prenuptial agreements assure that your and your spouse’s property and assets will be fairly divided in the event of a divorce. However, just because you had this type of contract put into place before getting married doesn’t mean it will be upheld in court if divorce occurs. There are many circumstances in which prenup contracts are not uncommon to be found voidable. Below, we’ll discuss what these circumstances may look like and what you can do if you find yourself in a situation like this. Even if you are hoping for a way around a prenup, we can help. First, though, let’s take a look at what a prenuptial agreement is. What Is a Prenuptial Agreement? A prenuptial agreement, a “prenup,” is a legal contract that is created before a couple gets married to detail how assets and finances will be handled in the event of a divorce. Of course, prenuptial agreements can include other nonfinancial information as well. For example, it may include information about marital responsibilities, work responsibilities, responsibilities related to children, and more. Following Prenup Guidelines When drafting a prenuptial agreement, it is essential to follow specific rules. Otherwise, this is usually when a contract can become voidable. For example, your spouse must be given no less than seven days to review your prenup before they sign. Additionally, if your contract has any language that would violate public policy, this would mean the entire agreement would be void. An example of this would be setting up a payoff at the time of divorce. Because this language would promote divorce, it violates public policy. Finally, we recommend that if both parties have agreed to waive spousal support, it’s always a good idea that independent counsel represents both sides. When a Prenup Doesn’t Hold Up in Court Numerous conditions may affect the validity of a prenup. For example, it may become void if a prenup is unfair — because of false promises, unconscionable terms, or being signed under duress. Understanding what these terms mean in practice can be difficult. However, it’s always essential to hire professional legal representation and create an airtight contract you can feel comfortable with. Contact Mohajer Law Firm for Assistance With Your Prenup If you need help or advice on your prenuptial agreement, the legal team at Mohajer Law Firm can help. Give us a call. Contact us online. We’d be happy to discuss your case with you. [yotuwp type=”videos” id=”MuxukCivcus” ]

Have you ever served someone court papers? If not, you’re probably unfamiliar with how complicated the process can sometimes be. Is knowing about the serving of documents that necessary? As it turns out, yes. Whether you’re filing a petition for the dissolution of a marriage, a petition to establish parentage, or something else, serving the opposite party with papers is critical before the court can hear the matter. It also falls on you to carry out this action. Serving Papers to the Opposite Party in a Family Law Case One of the ways serving papers can become complicated is if you don’t know where the other person lives. Or, maybe you do know, but they’re just never home when you go there to get them served. What can you do in a situation like this? The best course of action is to hire an experienced family law attorney. A lawyer can alleviate the pressure and stress that accompanies serving papers. We have the tools necessary to make sure this service is effectuated. What to Know About Service of Process In the U.S., process service or “a service of process” is necessary for the Due Process of Law to be carried out. This procedure requires that anyone facing legal action against them needs to be notified. To carry out the notification process, the person with legal action against them needs to be delivered a collection of documents that outline the charges. These documents will include writs, summonses, subpoenas, complaints, and other documents that explain everything they need to know. As the law requires, the documents have to be delivered by someone not involved in the case. But it’s important to note here that there are limits on what a process server (the person serving the papers) can do to get the necessary documents in the intended’s hands. For example, they cannot trespass, pretend that they are a law officer, or use harassment or threats. Papers can sometimes be left with an adult (someone over 18), but they can never be left with a minor. Suppose the process server can’t serve papers to the opposite party. In that case, there are sometimes motions that may be granted by the court to serve the documents with a public notice. A reputable family attorney can help you assess your options if you have trouble serving papers to someone. Contact Mohajer Law Firm, APC to Book a Consultation Appointment Suppose you’re filing for divorce, looking to establish parentage, or need assistance with another family law matter. In that case, the attorneys at Mohajer Law Firm, APC, right here in Arcadia, can help. We offer a free initial consultation to each potential client, so feel free to reach out. You may contact us by phone or get a hold of us online. We are happy to sit down with you to discuss your case in more detail at any time! [yotuwp type=”videos” id=”-tLxmDUkNbc” ]

When getting a divorce, it’s not uncommon for spouses to hire their own attorney. Divorcing spouses will come together at a meeting to discuss the terms of their separation. And, inevitably, next to each spouse will be a divorce attorney. In this blog post, we will be discussing exactly what you need to know about hiring an attorney for either a contested or an uncontested divorce. But first, let’s define these two terms. What Is the Difference Between a Contested and an Uncontested Divorce? At the most basic level, the difference between a contested and uncontested divorce is that a contested divorce involves spouses who cannot agree. On the other hand, an uncontested divorce usually means that both spouses are ready to agree to their divorce terms. Without a doubt, going through an uncontested divorce means a more streamlined, less stressful experience. Going through a contested divorce can be a heated affair, long and drawn out, expensive, and frequently uncomfortable. Whether you have a contested or an uncontested divorce, most legal experts recommend that you hire an attorney. That is, it doesn’t matter if you and your spouse have decided to agree on the divorce terms ahead of time or not. Having your counsel during your divorce is the wise decision. Why You Should Always Hire a Divorce Lawyer If your divorce is contested, hiring the right attorney will ensure that you have the proper counsel through what may be a challenging experience. For starters, your spouse and their divorce attorney may attempt to take more than they deserve from your joint assets. They may even try to keep you from seeing your children or gain more parental rights than you have. They may ask you to move out of your house when you don’t want to or tell you that they plan on moving far away while still wishing to retain partial custody of your kids. These issues can make the experience of getting a divorce even more difficult than it already is. But having a good divorce lawyer on your side means they’ll help you navigate the ins and outs of your case and make the right choices for the good of yourself, your children, and your finances. Even if your case is uncontested, having the right attorney on your side can help ensure that the paperwork is done correctly. Your lawyer will work on your behalf to make the process more streamlined and efficient. The last thing you want to do is have to go back to court to resolve an issue. Looking for a Divorce Lawyer in the Arcadia, California Area? Whether your case is contested or not, having the right attorney in your corner can make a world of difference. Our team at Mohajer Law Firm can help. We have the experience and expertise you need for a fast, easy, and satisfactory divorce. Contact us today for a free consultation. [yotuwp type=”videos” id=”1b5MzbXyaKA” ]

It is tricky to pin a price on a divorce case because of the various fees and the actions of both parties. Based on the facts of your case, we will try to estimate a cost for an initial retainer. Because we quote on the conservative side, you could owe a refurbishing retainer if you use up the initial retainer. Divorces could cost from $2,500 and up, depending on the circumstances. Fees Involved in Divorce Cases Part of the cost of a divorce is the fees involved. You don’t only have attorney’s fees. The different prices depend on your circumstances, but everyone pays the court filing fee and the process server fee. The payment goes directly to the court and process server, respectively. You might also have additional fees such as: Expert witness fees. Investigative fees. Costs for home studies and psychological evaluations. Business evaluation fees, including forensic accountant fees. Residential or business property appraisals. Forensic accountant fees and other fees are involved in evaluating your spouse’s earning capacity. Court Motions and Hearings Everyone hopes that the divorce will go smoothly. However, when you and your spouse cannot agree on some things, you might end up in court before the final hearing. For example, if you do not “play fair,” the injured spouse can ask the court for an order. Common orders include: Temporary child support Temporary spousal support Wasting assets Sharing medical expenses for the children Keeping a health insurance policy in force for the children Substance abuse while the abusing parent has the minor children Domestic violence Custody and visitation arguments (time-sharing) These are just some of the things that spouses sometimes cannot agree upon. If you need immediate relief, your attorney files a motion with the court, and the court hears the motion and enters an order. The cost for filing extra motions is broken down as follows: The cost for the attorney to meet with you to discuss the issue. The cost to draft the motion and schedule the hearing. The cost to prepare for and attend the hearing. The cost to prepare the proposed order, forward it to the other spouse’s attorney for review, make changes if necessary, and deliver it to the court with a cover letter. The cost for reviewing the signed order and discussing it with you. While each cost might not be much money, it does add up, especially when you have several motions before the court. However, in cases where your spouse is uncooperative, and you need to ensure they do not violate your rights, you need to obtain court orders. Contact an Arcadia Divorce Attorney While you hope the divorce goes smoothly, you cannot control your spouse’s actions. Hopefully, all will go smoothly, but you need an experienced divorce attorney to represent your rights if it doesn’t. If you are ready to file for divorce or if your spouse served you with divorce, contact an Arcadia divorce lawyer for a consultation to discuss your expectations and rights. [yotuwp type=”videos” id=”K4LtJsM3tPk” ]

Getting divorced is stressful enough, but the practical details involved in deciding who gets to remain in the home can make the whole ordeal seem overwhelming. Couples who can’t agree on this matter will find themselves having to adhere to whatever the court decides. California is a community property state, which means that each partner in a marriage owns an equal share of property accumulated during that marriage, but this doesn’t apply to all situations. For instance, a home purchased by one party before the wedding isn’t covered by community property law. Further, the final determination of homeownership is a different legal matter than which parent is allowed to remain in the home while the divorce is in progress. This is because divorce proceedings can take weeks or even months. Is the Home Community Property Or Separate Property? From a legal perspective, both parties have a right to remain in the home during divorce proceedings if the home falls within community property statutes. Community property laws apply even if only one party’s name is on the title. This can be uncomfortable and even painful for some. In the case of documented domestic violence, the injured party can get a court order stating that the offending party must move out. When domestic violence or other extenuating circumstances aren’t part of the picture, neither spouse can force the other to vacate the home. The party that finds the situation the most unbearable is usually the one to leave. Those who’ve chosen this option should realize that it in no way means that they have forfeited their financial interest in the home. What Are the Best Interests of the Children? The prevailing standard in California divorce law when children are involved is “the best interests of the children.” Courts often grant the person who is the primary caregiver the right to remain in the home with the children temporarily. However, in community property states, this doesn’t mean that the party who stays is granted ownership of the house. The final divorce decree will likely contain a provision for the property to be divided equally between the two former spouses, which can be problematic for those who want to stay in the property but can’t afford to buy the other person out. What About Rental Property? Rentals involve their own set of complications when it comes to divorce. Because a judge cannot legally cancel a rental agreement, this often comes down to whose name is on the lease. If both names are on it, mediation may be required to resolve. Keep in mind that one or both parties will still be responsible for living up to the lease terms. Contact Mohajer Law Firm for More Information As you can see, several complexities are involved in who gets to stay in the house during a divorce. Contact us today for a free consultation to get started exploring your options. [yotuwp type=”videos” id=”cDVksI8LKwE” ]

Does divorce need to go to court? Technically no. However, you do have to take several steps, including filing the appropriate paperwork with the court. And, of course, you have to have a settlement agreement that you and your spouse sign. A divorce that does not have to go to court can be done quickly instead of a contested divorce where the parties do not agree on one or more items. Steps for an Uncontested Divorce If you and your spouse agree on everything, you must still go through California’s divorce process. You must: Sign the Appearance, Stipulations, and Waivers form. Finish the Declaration for Default or Uncontested Dissolution or Legal Separation form. Complete the Judgment. Make the Notice of entry of Judgment. Attach the notarized settlement agreement to the Judgment. Financial Disclosure You must also complete the Declaration Regarding Service of Declaration of Disclosure or, if you and your spouse agree to waive it, the Stipulation and Waiver of Final Declaration of Disclosure. We do not recommend waiving the Final Declaration of Disclosure as your spouse could be hiding assets. The forms document the assets, and if you were to find out later that your spouse hid a significant amount from you, you could come back later to get your fair share. Child and Spousal Support If you have children, you need to complete the custody and child support forms that pertain to your situation. California provides specific rules to determine child support. Creating a fair time-sharing schedule in the best interests of your children is also an essential part of a divorce. A divorce attorney will ensure that the child support and time-sharing are fair to both parties and in the children’s best interests. Additionally, if you agree to spousal support, the attorney will ensure that what you want to agree to is fair to both parties. Additional Forms and Division of Property The court has other documents that pertain to spousal support and division of community property that you might need to complete. Additionally, some local jurisdictions require additional forms. If everything is done correctly, the court will issue a final judgment without you or your spouse having to appear in court. Using an Attorney While an individual can do these forms to complete and file, it is better to use an attorney. If you make a mistake and the court accepts your documents, it is a mistake that will affect you for the rest of your life. Child support and custody, spousal support, and division of property are often challenging to get correct. An Arcadia divorce lawyer will also help you draft a settlement agreement that will hold up in court should you and your spouse have a future disagreement over something in the contract. Contact an Arcadia divorce attorney for a free consultation if you plan to divorce or if your spouse served you with divorce papers. [yotuwp type=”videos” id=”JyQ6H3mcr_I” ]