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Relief Available for You Before Trial

Hopefully, once you start divorce proceedings or a custody case, things go quickly, and you can iron out your differences and move on with life. However, that isn’t always the case. Sometimes, one spouse refuses to cooperate or be reasonable. In those cases, you might have an issue that cannot wait for a trial. In these situations, you should be made aware of relief available for you before trial.  If you are considering divorce or have been served with divorce or separation documents, contact an Arcadia family law attorney to ensure that you know your rights.  Temporary Relief Often, when an issue needs immediate attention, you can ask the court to rule on that issue before the final hearing. In most cases, the court issues a temporary order. The temporary order is often made permanent at the final hearing.  The relief is known as a request for order, sometimes referred to as an RFO. In short, you motion the court to ask for the particular relief you need, such as payment of child support, visitation, or payment of bills. What Issues Can I Ask for in an RFO? You can use an RFO to ask for most relief, including:  Child Support If you are separated, but your spouse or partner refuses to contribute financially to their child, you ask the court to order child support. Your attorney will gather the financial information required from you and your spouse or partner and draft a request for order for child support to file with the court.  Time-Sharing You can use a request for order to ask for time-sharing or to deny time-sharing in appropriate circumstances. You might be entitled to time-sharing, but your spouse or partner continuously disallows your children to visit.  In other cases, your spouse might have the children, but they have issues, such as substance abuse, or might be physically and emotionally abusive to the children. In this case, you can ask the court for sole custody or supervised visitation for your spouse.  Spousal Support If you stay home to raise the kids or allow your spouse to obtain a degree to better their financial well-being, you might need spousal support until you get on your feet. You can use an RFO to ask the court for spousal support while you get back on your feet.  Parenting Schedule Knowing when you can see your kids allows both parents to schedule activities or work. If one parent refuses to implement a fair and reasonable parenting schedule based on both parties’ work schedules, you can use an RFO to ask the court for a parenting schedule in the children’s best interests.  Payment of Bills In some cases, one of the spouses hasn’t worked but instead stayed home to care for the children. If the spouse that stayed home keeps the marital home, they might need help paying some of the bills to keep the house. You can ask the court for financial support from the working spouse to help pay bills.  Contact an Arcadia Family Lawyer If you are ready to file for divorce or separation, or if your spouse has already filed, contact an Arcadia family law attorney for a free consultation. [yotuwp type=”videos” id=”GjTbu4obsYw” ]

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Filing Your Family Case Petition

What Is a Petition? Do you need help filing your family case petition? Well, what is a petition? In the legal world, petitions are formal applications that request judicial action from the court. In a divorce or parental rights proceeding, you may have different types of petitions that need to be filed, and doing so can be an overwhelming experience for many, which is why many people turn to an experienced family law attorney in Arcadia. Likewise, being served with a petition and needing to file your response can be daunting. In both cases, many people are not sure what to check off. Or, in other words, they’re not exactly sure what to ask for. Still, it’s important to check off the things in your best interest for the case at hand. Let’s look at some recommendations regarding correctly completing a divorce or parental rights petition or the response. Filing a Divorce Petition or the Petition Response When filling out a petition or responding to such a petition, you must mark off the most favorable requests. For example, one area of concern is spousal support. Do not hesitate to speak the truth regarding this issue. That is, if you don’t want to pay spousal support, the best approach is to indicate in the petition to terminate spousal support for the other side. If you don’t mind paying spousal support, suggest this. For many, this can be a difficult decision. However, the good news is that if you change your mind later (because circumstances change, for example), the judge will often be able to change this decision. Essentially, you must speak your mind on both petitions and petition responses. Think through your actions. Working with a lawyer who understands the system and can offer an objective perspective can help as well. Need Help Filing a Petition? Contact Mohajer Law Firm, APC Today Mohajer Law Firm is a full-service law firm specializing in family law. Sina Mohajer has been practicing law since 2012 and is a contributing member of the Los Angeles County Bar Association. At Mohajer Law Firm, we’ve helped hundreds of individuals and families work through family legal cases and navigate the complex court system. At the end of the day, if you’re having trouble filing your petition or petition response in a divorce case, it’s always a good idea to sit down with an experienced family law attorney. For more information on filing your family case petition or other family law issues, contact Mohajer Law Firm, APC today for a free consultation. We’d be happy to sit down with you to discuss your case in more depth. [yotuwp type=”videos” id=”c0nG08Xjo3Q” ]

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Should You Hire A Family Law Attorney?

While you might want to handle your own divorce, or you’re thinking should you hire a family law attorney? We generally do not recommend going through this process without representation. Any case has the potential to become complicated, and you want an attorney there to help you throughout the process. Having children and real estate usually means your issue is more complex since you need to determine fair time-sharing for the kids and a fair way to distribute the equity in the house.  Variables to Consider When you and your spouse decide that you can no longer live together, you have many decisions to make. You must discuss the property, your business, your children, retirement accounts, and potentially more. When it comes to the property division, you and your spouse might come to an agreement, but you should still consider hiring a family attorney. You could potentially end up with the short end of the stick or inaccurately value your assets.  Similarly, you can say the same thing about time-sharing for your children. It’s better to retain a family law attorney to help you draft a marital settlement agreement and ensure it’s enforceable. Marital Settlement Agreement Should your spouse break your agreement, you can hold them responsible for the breach of the settlement agreement if adequately written. Your attorney will also add precautions to the contract if your spouse tries to breach the agreement.  This is particularly important if you have minor children. The settlement agreement will have the child support, visitation times, and other requirements and arrangements regarding your children. The contracts will have your signatures, making it much easier for the court to enforce the agreement.  Resolution of Your Case In some cases, working with an attorney can help you resolve your claim much quicker. If you have to go back and forth with your spouse, they could be less than accommodating and take too much time to respond.   Your attorney ensures that you do not miss deadlines and will take action against your spouse if they do not meet specific deadlines. In some cases, when a spouse does not respond, the court could default the case or sanction your spouse. When an agreement is in writing and written correctly, it is easier for the court to enforce it.  Contact an Arcadia Family Law Attorney If you’re thinking about whether or not you should hire a family law attorney, call our office for a free case evaluation. Contact us now. [yotuwp type=”videos” id=”U9CsLXYYcHk” ]

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What Is A Domestic Violence Restraining Order?

DVRO stands for a domestic violence restraining order. A California court may issue these orders when someone is accusing a family member or significant other of domestic violence. Despite seemingly being necessary to a serious related domestic violence situation, DVROs can be a strategic measure to set forth future court orders. In other words, the allegation itself is usually the real mark that someone may want permanently stamped on your record. To combat these aggressive tactics, speaking with a dedicated restraining order lawyer in Arcadia is crucial to defending your reputation. For this reason, if you obtain a DVRO, it’s vital to know what you are dealing with. You will need an experienced attorney on your side. Choosing the Right Attorney It can be stressful dealing with a DVRO, especially when the related allegations are unsubstantiated. One of the most critical aspects of being served a DVRO is choosing the right attorney. You want an attorney who is experienced and knowledgeable about the law. One who has direct experience and time spent in the court systems. That way, they will know and consider which judicial officer has your case, whether a judge or a commissioner. This is important because every judge and commissioner rules on matters differently. When your attorney understands the judicial officer and their history with related domestic violence cases, they can better direct your case and advise you of the best courses of action. Preparing for a DVRO Court Case To prepare yourself for a DVRO, especially if children are involved, it’s essential to ensure no orders are granted for the alleged victim. This is particularly true if the allegations are unfounded. Unfortunately, it’s not uncommon for clients to come to an attorney with a DVRO that accuses them of molestation of a child, abuse of a partner or ex-spouse, allegations of verbal abuse, or things of this nature. In these situations, you may understandably feel frightened about what could happen. Because matters of custody are highly sensitive, an aggressive child custody attorney in Arcadia can help protect your parental rights. Indeed, things can become extremely messy if you do not conduct yourself well or make sound decisions regarding your legal representation after being served. Again, it would be best if you had an attorney who can protect your rights so that you can look after what’s important in your life — your kids. Have you recently been served with a DVRO? Contact us today. Being served with a domestic violence restraining order can be a scary and intimidating experience. You may not know where to turn or what your following actions should be. With the right attorney on your side, you can better understand the allegations against you and act accordingly. When these allegations are unfounded, a firm attorney can help you fight them and win your case. Give our office a call today. Our doors are always open, and we would be happy to sit down and speak with you specifically about the details of your situation. Contact Mohajer Law Firm, APC for a free initial consultation. [yotuwp type=”videos” id=”6OwNy7hXkkU” ]

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Making smart financial decisions if you have an unfaithful spouse

On behalf of Mohajer Law Firm, APC posted in family law on Friday, November 30, 2018. Learning that your spouse has been unfaithful can be devastating. Whether it ultimately means the end of your marriage is something you and your spouse will need to determine. However, in the meantime, it’s important to take stock of where you stand financially and how you will protect your financial future should you divorce. This requires some clear thinking at a time when you may be consumed by a range of emotions. One family law attorney advises spouses to determine the value of their marital estate. Here in California, which is a community property state, all property owned by a couple together is divided in half in a divorce. If you have a prenuptial agreement that stipulates a different arrangement, this is a good time to review it. Some people who learn that they have an unfaithful spouse respond by trying to hide money — both out of spite and for their own protection. However, if the timing of these actions is close to the marital break-up, a court will likely not let you keep that money. Spouses may go on a spending spree with a joint credit card or clean out a joint bank account. That’s not wise, either. Your best course of action is to consult with an experienced California family law attorney. Even if you and your spouse end up working things out, it’s better to be prepared in case you don’t. If you stay together, you may also want to consider asking your spouse to agree to put a postnuptial agreement in place. This can help you ensure that you’re in the best possible financial position should you and your spouse decide in the future to end the marriage.

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Get help while you go through a divorce

On behalf of Mohajer Law Firm, APC posted in family law on Thursday, June 27, 2019. You may think that you can handle a divorce on your own, especially when you don’t have children or many assets. Still, it is a good idea to work with an attorney so that you have all the information you need on applicable California laws, which is why many people start by speaking with an experienced divorce attorney in Arcadia. Did you know that everything you and your spouse bought during your marriage, under state law, is split equally upon divorce? Since California is a community property state, you need to be prepared to split your assets 50-50 if they’re defined as marital property, and a knowledgeable family law attorney in Arcadia can help you understand what falls into that category. Even if you don’t have many assets, there is a chance that you have debts. Marital debt is also split equally during a divorce under California law. Therefore, it’s wise to determine which of your assets and debts are community property and which are separate property. If it’s agreed that an asset is a separate property, you won’t have to split it with your spouse. Why work with an attorney during a divorce? Another good reason to work with an attorney during your divorce is that you have the opportunity to discuss ways to make your divorce move forward smoothly. Your attorney can help you explore options like collaborative divorce if you and your spouse are able to work together. Even if you have a litigated divorce, you can work to minimize how many issues have to be taken to a judge to decide. Our website has more information on family law and the various elements of divorce in California. If you want to learn more or would like to speak with a lawyer directly, you can also contact Mohajer Law Firm; this is an excellent place to start.

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Making the prenuptial agreement drafting process a positive one

On behalf of Mohajer Law Firm, APC posted in family law on Friday, November 2, 2018. You believe that you and your spouse-to-be should have a solid prenuptial agreement in place before you tie the knot. You know that prenups are becoming increasingly common among couples whether they have a lot of money going into the marriage or not. However, you’re not sure how your partner will react when you suggest it. Therefore, you’ve been procrastinating about broaching the subject. You know, though, that it’s not something that should be put off until the last minute. A good prenup takes time and discussion, and no one should feel pressured to sign something they’re not comfortable signing. It’s important for partners to feel that a prenup protects both of them. Therefore, once you’ve suggested a prenup and begin discussing what you both want out of it, it’s essential that you pay attention to what’s important to your future spouse. For example, maybe you’re concerned with protecting the business you’ve just started. However, your partner may be worried about what will happen if they give up their career for a time to be a stay-at-home parent and then the marriage ends. If the prenup doesn’t represent both of your concerns, one person will understandably feel resentful. Work through the prenup together. Don’t just have your attorney draw one up and present it to your future spouse. Agree on the terms you want to include before an attorney gets to work on it. You should both have your own attorneys to ensure that your interests are protected. One person’s attorney may draw up the prenup, but the other one’s attorney should review it and raise potential issues if necessary. Having the right attorneys can make a big difference in how peaceful the prenup process is. You should each choose an attorney who will look out for you, but with an eye to protecting the relationship. An attorney with killer instincts may be what some people need in a divorce, but not when drafting a prenup. You hope that you and your intended will be together forever. You just want some insurance that you’ll be protected financially and have a fair settlement if that doesn’t happen. If you and your attorneys go about the prenup drafting process with that attitude, it can actually bring you and your future spouse closer together as you discuss your goals. Tags: Family Law Related Posts: Making smart financial decisions if you have an unfaithful spouse, New law provides guidance regarding pets in California divorces, What are your choices when presented with divorce papers?, Is collaborative divorce the right choice for you?

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New law provides guidance regarding pets in California divorces

On behalf of Mohajer Law Firm, APC posted in family law on Wednesday, October 3, 2018. We Californians pride ourselves on being ahead of other states in many areas. However, one of those hasn’t been the way that pets are viewed under the law in a divorce. That has changed thanks to legislation that Gov. Jerry Brown just signed into law. Illinois and Alaska have similar laws on the books already. Currently under California law, and in most other states, pets are considered the property to be divided along with the cars, furniture, and artwork. Here in California, if an animal was acquired during the marriage, it is viewed as “community property.” Couples still have to determine whether one spouse will keep the animal or whether it will take turns living with each of them. However, if the couple is unable to agree on a solution and a judge has to rule, they can decide the matter based on whatever factors they choose. Under the new law, when making these decisions, courts are charged with considering the animal’s welfare and which spouse is better able to care for it. “Care” is defined under the new law as including “the provision of food, water, veterinary care, and safe and protected shelter,” as well as things like the “prevention of acts of harm or cruelty.” If one spouse is granted the right to be the animal’s primary caregiver, the other may be granted visitation rights. The legislation was spearheaded by Hayward Assemblyman Bill Quirk, who said, ‘I know that owners view their pets as more than just property. They are part of our family, and their care needs to be a consideration during divorce proceedings.” While some in the legal community contend that the new law just adds complications to an already-overloaded family court system, rescue groups including the American Society for the Prevention of Cruelty to Animals (ASPCA) hope that it will reduce the number of pets who end up in shelters after their owner’s divorce. If you and your spouse have one or more companion animals that you love and are used to spending time with every day, no determination of whose home they’ll live in and how often each of you will see them is completely painless. However, it’s worthwhile to understand the new law — particularly if you can’t reach an agreement on your own and have to ask a judge to make the decision.

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What are your choices when presented with divorce papers?

On behalf of Mohajer Law Firm, APC posted in family law on Thursday, September 20, 2018. Your spouse has served you with divorce papers. Maybe the two of you have been discussing ending your marriage, and you agreed to let them be the one to proceed with the summons and petition. Maybe you weren’t expecting it. Either way, now you have to decide how to respond. First, it’s essential to read the two documents carefully. They provide details regarding things you can and can’t do at this point with your assets and debts. If you have children, it may also list restrictions, such as how far you can travel with them. If you don’t already have a family law attorney, now is the time to get one. Your attorney will help you determine your best course of action. You have four basic options. You can choose what is called a “true default.” This means that you’re not only not contesting the divorce, but choosing not to participate. A judge will likely give your spouse whatever they’re seeking in the petition or at least base their decision on the information provided by your spouse. If you and your spouse have already worked out an agreement regarding matters like property division, support and child custody, you may also choose not to respond. The agreement, which must be notarized, will be honored. This is called a “default with an agreement.” You may respond to the court, stating that you agree to everything sought by your spouse in the petition. This is an “uncontested” divorce. Finally, you can respond to the court stating that you disagree with one or more of the things sought by your spouse. This is called a “contested” divorce. If you choose to respond, you need to do so within 30 days of when the papers are served. Therefore, if you didn’t see this coming, it’s essential to seek legal guidance as soon as possible. An experienced California family law attorney will help you work to do what is best for you and your children.

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Is collaborative divorce the right choice for you?

Not all divorces end up in a courtroom with bickering spouses and attorneys pleading their cases in front of judges. In fact, many couples are able to avoid the time, money and stress involved in litigated divorces. They work together to amicably negotiate the end of their marriages with the guidance of their attorneys. This is often referred to as “collaborative divorce.” When divorcing couples have children, collaborative divorce can be particularly valuable. It allows co-parents to work together to craft a parenting plan that puts the best interests of their children at the forefront. Couples using the collaborative approach are able to bring in financial and tax advisers, mental health professionals and other experts to help them work out their various agreements or provide support for something they’re seeking. Collaborative divorce doesn’t necessarily require spouses to feel warmly toward one another. However, it does require that they put aside their negative feelings to communicate openly and work together to settle financial, property and, of course, custody matters. It’s not for everyone. It’s not the best choice for high-conflict relationships, if spouses are far apart and unwilling to compromise on what they want or if there’s been any physical or emotional abuse in the relationship or the family. If you and your spouse have chosen to have a collaborative divorce, it’s essential to have a California family law attorney who has experience with this type of divorce to be by your side during the process. This can help you emerge from your marriage satisfied with the agreements that have been reached and in the best possible position to move on with your life.

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