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Child custody cases are emotionally charged situations, but when concerns about a parent’s mental health enter the equation, the stakes become even higher. If you’re in a custody battle and believe the other parent may be struggling with mental health issues, you need to understand how this can affect the outcome—and how to raise these concerns in a way the court will consider seriously and fairly. Below, family law attorney Sina Mohajer walks you through how mental health factors into custody decisions in California, what the court looks for, and how to present evidence without jeopardizing your own position. At Mohajer Law Firm, we help clients navigate these sensitive and complex situations with clarity and care. Whether you’re seeking to protect your child or defending your parental rights while managing your mental health, this guide will help you understand your options and the legal standards the court will apply. Need help with a custody case involving mental health? Mohajer Law Firm specializes in family law and can guide you through the process to protect your child’s best interests. Contact us for a one-on-one consultation to discuss your case.  Transcript: When you’re dealing with a custody battle, you’re already facing a set of unique challenges. But what happens if now you’re concerned about the mental health of the other parent? That brings a whole new set of challenges that you have to understand to be able to overcome that when you’re in court. So in this video, we’re going to discuss how mental health impacts child custody decisions in the state of California. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, personal injury, estate planning, and criminal defense. In these videos, I like to tackle complex legal issues and try to simplify it for our viewers in order to give you the knowledge and know-how in how to navigate throughout this whole process.  So if you like the content of this video, please hit that like button. Also, don’t forget to subscribe. So you’re always informed of any new videos being posted. Without further ado, I welcome you all to our new mini series called A Walk in the Park. Mental Health and Child Custody Cases So mental health is a huge concern for courts, even though they’re not always addressed every time you go to court. Because at the end of the day, you have to realize the utmost importance and the primary focus of every court, family court, is what is in the best interests of the children. And that ensures the protection of their safety, mental and emotional well-being. So if a parent is found to be mentally or emotionally unfit, then that brings great concern to the court to ensure that the safety of the children are being met or not. How to Address the Other Parent’s Mental Health Issues But how do you address this? How does a parent bring forward to the court this concern without possibly making it a lot worse for themselves?  Provide Evidence What courts can look at is evidence. You always have to have some form of evidence. That can start off with your own personal observations of the other parents behavior, whether they’ve been acting strangely recently, perhaps they have a substance abuse issue, or depression. This can be presented to the court to draw that concern or raise that flag for the court to inquire a little bit further. Additionally, the court may even look at their medical history, whether it’s medical records or notes from a therapist or anything of that nature. The court has that ability to look at that as well. Court Ordered Psychological Evaluation But these are just stepping stones to get the court to essentially order what’s called a psychological evaluation. Without a psychological evaluation, the court doesn’t have any evidence to determine that that parent is mentally unfit to have custody of the kids. Once that medical evaluation is conducted, or that psychological evaluation is conducted, at that point, the court can make orders to ensure the safety and well-being of your children. And this can be in different formats.  How to Counter Mental Health Issues in Your Child Custody Case Now, it’s not necessarily a negative thing that you have a mental concern or a mental health issue, because as long as you’re showing that you’re receiving treatment and you’re providing that stability to the kids, then the court’s not going to strip away your custodial rights. However, if you’re not seeking treatment and you’re not getting better and you’re not addressing it, then yes, the court’s going to limit your time with the children. And that can include, for example, supervised visits, whether it’s professionally monitored or a nonprofessional monitor. And it’s just to ensure that the safety and well-being of the kids are being met.  Attorney for Mental Health Evaluation and Child Custody Case If you’re facing a custody issue where mental health is a concern of yours, I welcome you to contact our office. I’m happy to sit down with you one on one to discuss your case in more detail. And if you like the contents of this video, don’t forget to hit that like button. Also, don’t forget to subscribe. So you’re always informed of any new videos being posted.

Filing taxes while you’re separated or in the middle of a divorce can be confusing and stressful—especially if you’re not sure what your legal filing status should be. Many people assume they can file as single once they’ve separated or filed for divorce, but in California, that’s not the case. Until your divorce is finalized with a signed judgment, you’re still considered legally married for tax purposes. That means you’ll need to file as either married filing jointly or married filing separately—each with its own pros and cons. In this video, family law attorney Sina Mohajer walks you through your options, what each filing status means, and how to make the smartest decision based on your financial situation. At Mohajer Law Firm, we specialize in helping clients understand the intersection of family law and tax obligations so they can protect their rights—and their wallet—while their case is still pending. Need help with your divorce or taxes? If you’re facing a divorce and need guidance on taxes, asset division, or other issues, Mohajer Law Firm is here to help. We specialize in family law and will work to protect your financial future.  Transcript: It’s that time of the year when we need to start preparing to file our end of the year taxes. But what does that mean if you’re in the middle of a divorce or possibly at the conclusion of your case? In this video, we’re going to tackle just that. We’re going to understand the tax implications that are involved during the pendency of your case or after a judgment is entered in the state of California.  For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Personal Injury and Estate Planning. In these videos, I like to tackle complex issues and try to simplify it for our viewers in order to give you that knowledge and know-how in order to handle your case more efficiently. So if you like what you hear today, hit that like button. And don’t forget to subscribe, so you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini series called A Walk in the Park. Filing Taxes While Separated or During Divorce When you’re filing your taxes, you have the option of filing as a single person or married. A huge misconception that I hear today is just because you’re legally separated or perhaps just because you filed for your divorce and you’re going to get divorced, it gives you the right to file as a single person. But that is incorrect and absolutely wrong. You cannot do that. Just as you can’t get remarried until the judgment is finalized, you can’t file as a single person until the judgment is finalized. So you’re left with two options. Either you file as married, filing jointly, or married, filing separately. And both avenues have its pros and cons, benefits and detriments. So it’s very important to explore each avenue when you’re preparing your taxes to ensure that is the right move to make to get you more back into your pocket and less to the state.  Asset Division and Its Implication on Filing Taxes Now, when it comes to asset division, just like any divorce, there’s going to be assets being divided between spouses. But what implications does that have when you’re filing your taxes? For example, you’ve got real estate. If you’re transferring your interest in the community property over to your spouse, that transfer itself is tax free, so you don’t have to worry about it. But what happens if there is no transfer and you’re actually selling the property to a third party purchaser? Well, then you’re dealing with capital gains tax. But there are exceptions to that. And so it’s very important to understand what is capital gains to ensure that, again, you’re receiving more money in your pocket and less goes out for tax purposes.  If you’re dividing 401(k)s, pensions, IRAs, those are going to have tax implications as well, and possibly even some early withdrawal fees if you’re dealing with the 401(k). So when you’re dealing with your divorce case and you’re dealing with a settlement, trying to figure out how to divide things, it’s important to keep in mind that just because you’re splitting everything 50-50 doesn’t necessarily mean you’re receiving that amount.  So you want to ensure that you’re doing the right approach to ensure that more money comes to you and less money goes out to the state. How to Claim Dependents What about kids? If you’ve got kids, you’ve got to figure out who’s going to claim the kids on their taxes, right? Well, the IRS doesn’t care who claims them. If you’re the first one to claim them, you get to keep that as a dependent tax write off. So be it. When your spouse files and they try to claim the same children, their filing is going to get rejected. But family courts are a little different. They don’t care who files first. They’re going to only look at who has the majority time with the kids when it deals with custody. If you’re the primary custodial parent, you have the right to claim the children on your taxes. If you’re not, then you don’t get that benefit. But claiming the kids plays a role in child support as well. If you get to claim the kids as a dependent, that’s going to change your net disposable income, which means it can fluctuate either getting more in child support or less. But what does that mean when it comes to taxes? Well, the new rules are that if you’re paying child support, you can no longer write that off. Sorry, folks. However, if you’re receiving child support, you’re no longer being taxed. That is tax free money. And the same rules apply when you’re dealing with spousal support

When custody or visitation is in dispute, the court’s primary focus is always the safety and well-being of the child. But what happens if one parent raises serious concerns—such as substance abuse, domestic violence, or neglect—regarding the other parent’s ability to safely care for the child? In these situations, the court can order supervised visitation. In this video, family law attorney Sina Mohajer will explain what supervised visitation is, when courts in California typically order it, how it works in real life, and what steps you can take to modify the order down the road. Whether you’re the custodial parent seeking to protect your child or the non-custodial parent hoping to restore unsupervised time, understanding this process is key. If you’re facing child custody challenges or have questions about supervised visitation, Mohajer Law Firm is here to assist. We specialize in family law and are committed to protecting your child’s well-being. Transcript: When you’re involved in a custody and visitation case, there may come a time where you might have some concern for the safety and well-being of your child when they’re with a non-custodial parent. But what options do you have? Do you ask a judge to stop all contact between that parent and that child? Of course not. But there is an alternative, and it’s called supervised visitation. In this video, we’re going to discuss exactly that. What is supervised visitation? When will the court require it? How does it work? And lastly, when can you modify the orders in order to eliminate the supervised visitation altogether? Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Personal Injury, and Estate Planning. In these videos, I like to tackle complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how and be able to navigate around these issues when you’re handling it on your own. So if you like the contents of this video, hit that like button. Don’t forget to subscribe. So you’re always in the know about any new videos being posted. So without further ado, I welcome you all to our new mini-series called A Walk in the Park. What Is Supervised Visitation? So what is supervised visitation? Supervised visitation allows for the non-custodial parent to still visit with their child, but under a safe setting to ensure that the best interest of the child is always being looked after. Supervised visitation can be split between a professional monitor or a nonprofessional, and that’s depending on what the court orders. Non-Professional Monitor If the court orders a nonprofessional, then usually the parents will agree on who that monitor can be, whether it’s a family member, a friend, or what have you. Professionally Monitored Visitation But if the court orders professionally monitored visitation, then it’s going to be at a facility that’s court-approved where some random person will accompany you on those visitations just to ensure the safety and well-being of those kids are being met. When Does the Court Require Supervised Visitation So when do you think the court would require supervised visitation? Normally, when there’s allegations of domestic violence, or abuse, neglect, if there’s substance abuse or mental health issues, or even if there’s a risk of abduction, or possibly even parent alienation. If any of those circumstances are to be found in the court, then the judge will most likely order supervised visitation in order for you to maintain your relationship with the kids, but under a safe setting. How Does Supervised Visitation Work? So how does supervised visitation even work? Well, normally your visits are going to be at a public place, unless under very specific circumstances, you might be able to get away by having your visitation done at your house or what have you. But normally it’s going to be at a public place, for example, a park, a Chuck E. Cheese, a bowling alley, or what have you. Normally they’re going to be limited in time as well because you’re involving a third party and taking up their time. You’re not going to have a significant amount of time if you have your visits monitored. So usually you’re limited between 4 to 6 hours once a week. The monitor also has to confirm with the custodial parent as far as the timing, so it’s not like you can just pick any day of the week or whatever time you want. There’s some coordination involved. How to Modify a Supervised Visitation Court Order But how long do you have to wait until you can go back into court and request for the monitor visits to be lifted? And that’s done through a modification. There’s other videos where I discuss the nuances and procedural posture that you need to take when modifying a custody order. Show Progress Through the Monitor’s Reports But in this particular video, we’re just going to address the fact of what you need to show the court in order to eliminate the monitor altogether. For example, if you can show progress that the safety and well-being of the children are being met without the need of a monitor by reviewing reports that a monitor might provide. Opt for a Professional Monitor And that is one thing that I encourage my clients, specifically. If there’s a choice between a professional or a nonprofessional, my personal opinion is go with the professional. There is a cost, but at the end of the day, you have a third party neutral. There’s no way the other side’s going to be able to argue anything about that monitor being biased. Furthermore, if it’s a professional monitor, you’re going to get reports after every visit. And if those reports come back with nothing but positivity, then the court’s going to have no other choice but to lift that monitor and allow you to have that time uninterrupted with your own kids. Contact a Child Custody Attorney About Supervised

Divorce is never easy, and spousal support—also known as alimony—is often one of the most contentious issues. Whether you’re the spouse seeking financial assistance or the one concerned about overpaying, understanding how spousal support works is crucial to protecting your rights. In this video, Sina Mohajer of Mohajer Law Firm breaks down everything you need to know about alimony—from how it’s calculated to how you can negotiate a fair agreement. Every divorce is unique, and the right strategy depends on your specific circumstances. If you’re dealing with spousal support issues, Mohajer Law Firm can help. We specialize in family law and will fight to protect your financial future. Transcript: Spousal support, alimony, what is it? How can you get it? Or how can you ensure you’re not paying too much? Spousal support can be a complex issue in any divorce case, but in this video, it will help both the paying spouse and receiving spouse to ensure that they get a fair outcome. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense and personal injury.  In these videos, I like to take complex issues and simplify it for our viewers in order for you to be able to protect your rights more efficiently. So if you like the contents of this video, don’t forget to hit that like button. And please don’t forget to subscribe, so you’re always informed of any new videos posted. So without further ado, I welcome you all to A Walk in the Park. What Is Spousal Support? Spousal support or alimony, call it what you will, they’re one in the same. It is a financial assistance paid from one spouse to the other to ensure that the receiving spouse can maintain the same standard of living during either the pendency of the action—so, post-separation—or upon divorce. Temporary vs. Permanent Spousal Support But it’s important to note that there are two types of support. There is temporary support, which is only used for the pendency of the action—where the court looks at different factors when determining how much of an award should be granted—versus permanent support, which is more permanent. Hence, at the time of trial or at the time of divorce. Temporary Support Calculation So temporary support, every single family court uses the same software. It’s an algorithm that was designed where we input data, for example, your income, your spouse’s income, other factors, if there’s kids involved, how you file your taxes, and this algorithm spits out to the court and us attorneys how much one spouse needs to pay to the other. Permanent Support Calculation But at the time of permanent support, we’ve got a whole different ballgame. That same algorithm is not used. At the time of trial, the court only looks at family Code section 4320. Under 4320, you’ve got like a list of factors—15, I think—where it looks at the length of the marriage, the health of both parties, education, work history, age, and what was the marital standard of living. So the court looks at all these 15 factors to determine what is a fair spousal support award. Can You Avoid Court? Mediation & Negotiation Now, the good news is that you don’t have to roll the dice and just go straight into court. You can take more control over this issue. A lot of people seek private mediation to actually sit down to see if they can reach an agreement with the other spouse as to what is a fair amount. Obviously, spousal support would need to be paid, but how much can one spouse actually afford to pay on a monthly basis? And how much, if you’re the receiving parent or the receiving spouse, how much do you need to maintain that same standard of living. Now, when you are in mediation, or even if you go to court, it’s very important to disclose your financial situation. We call it the financial disclosures. It’s important to understand income, whether it’s a W-2 or 1099, if there’s a profit and loss. These documents must be exchanged in order for you to have a full understanding of both positions when it comes to their financial situation. If you were to go to court, the judge is going to make it mandatory anyways. So it’s important during mediation you utilize this to be able to come up with any fruitful agreement. But note, even if you reach an agreement or not, you’re always free to go to court. What If Your Financial Situation Changes? But if you have a spouse support order that is no longer fitting for your situation, you have options. One option is to see if you can make another agreement. Or the other option is to go to court. And when you go to court, you’re asking for a modification. And what you need to do is file what’s called an RFO, which stands for request for order. That allows the court to schedule your hearing date, and you go in front of the judge and you explain your change in circumstances. Perhaps what you were making before, you’re not making anymore. Or perhaps the person who is paying support is now making more and you’re asking for a modification. In any event, whether it’s during the temporary stage or even post-divorce, you’re always free to ask for a modification if there’s been a change in circumstances. So in this video, we’ve discussed not only what spousal support and alimony are, how to ensure you’re protecting your rights, different options on how to either reach an agreement or go to court. Get Legal Help with Your Spousal Support Case So if you have questions about your case in particular, I welcome you to contact our office. I’m happy to sit down one on one to discuss your case in more detail. And if you like the contents of this video, share it with your friends and family.

Reaching the end of your divorce or parentage case can feel like closure—but when kids are involved, the legal journey is far from over. As children grow and life circumstances change, custody and visitation orders may need to evolve too. But how exactly does that work? Can the court modify a final judgment? What standard does the judge use to decide whether a change is warranted? In this video, we’ll break down everything you need to know about modifying custody orders after a divorce or parentage ruling in California.   At Mohajer Law Firm, we specialize in helping parents navigate these complex post-judgment issues. Whether there’s been a major change in your schedule, a relocation, safety concerns, or evolving needs for your child, the court does retain jurisdiction until your youngest turns 18—or even 19 if they’re still in high school. We’ll explain what qualifies as a “significant change in circumstance,” how to file a post-judgment request, and the best way to protect your rights and your child’s well-being. If you need to talk with a child custody attorney to discuss your situation, contact Mohajer Law Firm to schedule a confidential one-on-one consultation today.  Transcript: So your case is finally done. You’re either divorced or you got a final judgment in your parentage case, but your kids are still young. What happens next? Does the court even have power to change the order that it once made before? If so, what does the court look at? How do they analyze it? And what are the proper steps that you need to make as a parent to ensure the best interests of your kids are being met? Well, in this video, we’re going to address all those questions today. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense and personal injury. In these videos, I like to tackle complex legal issues and try to simplify it for my viewers in order to give you a better position to protect your legal rights. So if you like the content of this video, go ahead and hit that like button. And don’t forget to subscribe. So you’re always in the know of any new videos being posted. So without further ado, I welcome you all to our new series called A Walk in the Park. Child Custody and Parenting After Divorce So does a court lose jurisdiction? No! The court never loses jurisdiction until the youngest child reaches the age of 18, or at times, 19 if they’re a full time high school student. So any time before that, the court always has the inherent power to be able to modify any type of custody or visitation orders that were once made before to ensure that the best interests of the kids are being met. Best Interest of the Children But what is exactly the court looking to do, or what is it that the court looks at before they determined to modify any type of custody order? Well, before a judgment was entered, there was a simple standard of review, and that was what is in the best interest of those kids. Significant Change in Circumstances But when you’re talking about after judgment, post judgment, there’s an extra hurdle that you have to overcome when seeking a modification. You have to demonstrate that there’s been a significant change in circumstance before the court can then consider what is in the best interest of those kids. For example, a change in your work schedule. It could be one parent who has relocated to a different state. It could be safety concerns for the kids. For example, any type of abuse, whether it’s physical, emotional, sexual. It could be the fact that one parent is no longer fit to maintain the same schedule that they once had. Perhaps there’s a substance abuse issue. Whatever the case is, as long as you can establish that there’s a significant change in circumstance that opens the door for the judge to look at what’s in the best interest of those kids. Post Judgement RFO (Request for Order) But what’s the proper way of going about it? Well, it’s a post judgment RFO, but that doesn’t change anything. You’re still going to follow your request for order to get your hearing date. And during that phase, you’re going to gather your evidence. You’re going to put your best foot forward and try to convince the judge that what you believe is in the best interest of those kids, that they should believe it as well, and you’ll hopefully get the orders you’re requesting. Discuss Alternatives with the Other Parent But there’s also another avenue you can take other than court intervention. It’s always good to try to maintain that control, because when you go to court, you’re giving up that control to a third party to decide what happens with your children. But when you try to maintain that control and try to discuss an alternative with the other parent, you can at least ensure that whatever you are agreeing to you’re okay with and you’re not just stuck with it. But in any event, if the two of you cannot come to an agreement, that is why the court system is there. They are designed to help out parents who cannot agree to what needs to be done, and they’ll make the decision for you. Now, custody and visitation is such a huge part of a divorce case, and it’s a main part of any parentage case. So there’s a lot of nuances and complexities that come with it. Contact a Child Custody Attorney So if you have questions about your particular case, I welcome you to contact our office and schedule a consultation. I’m happy to sit down with you one on one to explore your options and strategize what’s the best approach for you and your children. And like I said earlier, don’t forget to hit

If you’re going through a divorce and you own a home, one of the biggest and most emotional questions you’ll face is, “What happens to the house?” At Mohajer Law Firm, we get asked this all the time: “Do I have an interest in the home?” “Is it considered community property?” “What are my options—do I sell it, keep it, or co-own it with my ex?” In this video, Sina Mohajer will break down everything you need to know about dividing a family residence in a California divorce. Whether the home is considered community or separate property depends on several factors, including how and when it was acquired, and whether separate funds or inheritances were involved. And even once that’s determined, there are multiple ways the home can be divided. We’ll also explain the role of mortgage payments, buyouts, and when a court will step in and make the decision for you. At Mohajer Law Firm, our goal is to simplify complex family law issues and help you protect your rights, including in divorce, custody, property division, and more. Call us today to schedule a consultation and explore your legal options.  Transcript: If you’re involved in a divorce case and you own a family residence, I get asked these questions all the time as to “How does it get divided?” “Does it even get divided?” “Do I have an interest?” “How much will I get and what are some options available to me?” Well, in this video, we’re going to address all of that. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense and personal injury. In these videos, I like to tackle complex legal issues and simplify it for our viewers in order for you to have a better understanding and how to protect your own legal rights. So if you like the contents of this video, please hit that like button. And don’t forget to subscribe so you’re always in the know about any new videos being posted. So without further ado, I welcome you all to our new series called A Walk in the Park. California Is a Community Property State California—as much as we love this state—is a community property state. Some people don’t agree with it. But what community property is, is that anything you acquire from the date of marriage or the date of separation is presumed to be community. Therefore, it needs to be divided equally. Anything you acquire prior to marriage and post-separation is going to be presumed to be your separate property, meaning you get to keep it all. But the question comes down to whether your family residence is going to be a community or a separate asset. And it’s very important in the early stages to come to that determination, and that will set forth what path we need to take to ensure that we get an equitable solution. You Acquired Your Family Residence While You Were Married If you acquired your property, your family residence, while you were married, then the presumption is, yes, it’s going to be a community asset. But there are some exceptions to that presumption. Exceptions to Community Property For example, if you use money that you had prior to marriage, which is your separate funds to acquire this asset, and then subsequently the community was making the mortgage payments and etc. Now we have a division, we’ve got part community and part separate. Or, if during the marriage you acquired this from money that you received as an inheritance or as a gift—well, that constitutes a separate property as well. Therefore, we’re going to have a divide of this asset being partly community and part separate. So it’s always important to look at that exception as well as the presumption to determine what are your options. Other Options to Dividing the House But what are some options as it comes to dividing the house? Well, let’s just go off of the notion that this is a community asset. One way is to sell the house and split the equity equally. Another option you have is if one spouse wants to keep the house for themselves and the other one doesn’t really care. Then the person who is keeping the house is going to buy out the other spouse’s interest in that property as well. Your third option, although I don’t highly recommend it yet, still an option, is just continue to co-own this property together even after separation and after divorce, which means you both still own a 50% interest in this house. But you can wait until perhaps the value of the house goes up before you sell. When You Have a Dispute Over Dividing the House In any event, if you come to a dispute and you can’t come to an agreement, well then if you go to court, the judge is not going to consider the third option as even an option. At that point, when you’re getting divorced, the court wants to ensure that you guys can go your separate ways and live your separate lives. So the third option is not even going to be considered. It’s either going to be a buyout or the house is going to be sold. Before you determine or decide whether you want to be bought out or whether you want to sell. It’s important to look at perhaps some tax implications. For example, if you receive a large sum of money, you could be potentially paying capital gains tax. So it’s important to discuss this option either with a CPA or a seasoned family law attorney to see whether this is even something you want to explore. Who Pays the Mortgage? Another question I get also is regarding the mortgage payments. “Who pays for it?” “Do I have to pay all of it?” “Do we split it or how does that happen?” “How does it get handled?” And it depends on

Divorce is already a challenging process, but when one spouse hides assets, it can lead to unfair financial outcomes and prolonged legal battles. In this video, family law attorney Sina Mohajer of Mohajer Law Firm dives deep into the legal and financial consequences of hidden assets in divorce. Whether you suspect your spouse is concealing wealth or want to protect yourself from false accusations, this guide provides the tools and knowledge you need to navigate this complex issue. Need help locating hidden assets? Contact Mohajer Law Firm for a consultation to ensure your financial interests are protected throughout your divorce process.  Transcript: When you’re dividing assets during your divorce case, you may come across a situation where you feel the other side perhaps is hiding assets. But the question is, how can you prove it? How can you determine if assets are being hidden? What are those assets? What defines a hidden asset? And what are some possible legal consequences if you’re caught hiding assets? Well, in this video, we’re going to address all those questions. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense and Personal Injury. In these videos, I like to tackle complex legal issues and try to simplify it for my viewers in order to let you have a better understanding of your legal rights. So if you like the content of this video, please hit that like button. And don’t forget to subscribe, so you’re always in the know of any new videos being posted. And without further ado, I welcome you all to our new series called A Walk in the Park. What Is a Hidden Asset? So what is a hidden asset and why do they matter? Well, hidden assets are usually income, property, or other valuables that are deliberately being concealed by one spouse in order not to divide it during a divorce. And the reason why they matter? Well, sure, it ends up not allowing for an equitable division. The person who is being hidden from these assets, you’re not getting your share of what the community acquired during the marriage. How Do You Determine If an Asset Is Hidden? But the question is, how do you determine if an asset is actually hidden? How can you find out if the other side is being deceitful? Well, that is why it’s so important that during the divorce stage, when you’re disclosing your financial documents, number one, both sides must do it thoroughly and truthfully. But you’re not always going to get that in every case. Review Disclosures Closely When you receive those disclosures from the other side, it’s very important to go through it thoroughly with detail and a fine tooth comb, because most likely you’re going to find a breadcrumb. And when you find that breadcrumb, it’s going to lead you to the hidden asset. Subpoenas and Forensic Accountants Sometimes you might need to subpoena documents based on a breadcrumb you find in the initial disclosures, or you might even need to hire what we call a forensic accountant to dive deeper, more than what we can as attorneys to determine if an asset is being hidden or not. Examples of Hidden Assets Some examples of hidden assets also could be unreported income. It could be property that was transferred to third parties, offshore accounts, or even undervalued property. So it’s really important to review all the disclosure documents and look for those red flags to lead you into the right direction. What Happens If You Hide Assets In a Divorce? Now, one question I get is, well, what happens if I’m caught hiding assets? What’s going to happen? We’re going to divide it anyways. And sure, if that’s the case, I would say, why doesn’t everybody hide their assets until they get caught? Right. It’s easier to ask for forgiveness than it is for permission. Not in this case. If you’re caught hiding assets, the court has power to not divide that asset equally, which it would have been had you been forthcoming with it. But instead, the court has the power to give you less of the pie and give the majority to the other spouse who was forthcoming. This is an effort to deter people of not being truthful and forthcoming during the divorce process. Because in a divorce process, the Court, is a court of equity. It’s a court of fairness. If you’re not playing by the rules, there will be penalties. Get Legal Support from a Family Law Attorney When dealing with asset division, sometimes it can be overwhelming for an individual who’s representing themselves to look through all this and look for those red flags. That’s why it’s important to work with a knowledgeable and experienced family law attorney. We have access to forensic accountants and other experts who might need to be taking a step into the divorce to determine if there’s any assets being hidden or not. In any event, if you have questions about your case, you’re curious to see whether you have assets that are being hidden from the other side, I welcome you to contact our office. I’m happy to sit down with you one on one for a consultation to explore your options and determine what’s the right path to take for you. And if you like the contents of this video, don’t forget to share it. And don’t forget to hit that like button. And always remember, if you subscribe, you’ll always be in the know of any new videos being posted.

When dealing with a divorce or custody battle, emergencies can arise that require immediate court intervention to protect your children’s well-being. In such cases, securing an emergency custody order—also known as an ex parte order—can be crucial. But how do you go about it? What steps should you take to ensure success? And what if you’re on the receiving end of such an order?   At Mohajer Law Firm, we specialize in family law and are here to break down complex legal matters into simple, actionable steps. In this video, Sina Mohajer will walk you through the process of filing for an emergency court order, explain how to establish urgency, and outline what to expect in court. If you need legal help with your child custody case, contact Mohajer Law Firm for a free consultation. We’re here to provide you with the knowledge and experience you need to do what’s best for your family and children. Whether you need to protect your child or defend against an unfair claim, having the right knowledge is key. Let’s dive in and explore the essential steps to navigating emergency custody orders. Transcript: Whether you’re involved in a divorce case or a custody battle, you might find yourself in a situation where you might need to rush into court on an emergency basis to ensure the safety and well-being of your kids. If that’s the case, this video is for you, where we’re going to dive into what an emergency court order is, how to go about it, and how to increase your success rate. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, civil litigation, criminal defense, and personal injury. In these mini-series, I like to dive and attack these complex issues and try to simplify them for our viewers in order to help you succeed with your case or just to answer your simple questions. So if you’re new to this channel, welcome. Hit that like button and don’t forget to subscribe so you’re always in the know of when new videos are being posted. And without further ado, I welcome you all to A Walk in the Park. What Is an Emergency Custody Order So what is an emergency court order? Naturally, if you ever are requesting any type of order from a court, you file what’s called a request for order, follow with the court, and you get a hearing date about two or three months down the road. But not every situation will warrant or allow you to have the patience and wait that long because we got the immediate need to protect these kids. In that type of situation, you can always file what’s called an emergency custody order or an ex parte. Establish There Is an Immediate Danger In those situations, you have to be able to establish to the court that there is an immediate danger, not only to the kids but to their well-being. Or perhaps it could be an immediate danger to something else. But that urgency level is very important to establish. Otherwise, your ex parte, or your emergency order, is going to be denied. Step 1: Notice So what do you need to do in order to take the first step? The first step for any emergency order is always notice. Notice is so important that anything you do in the litigation, period. But in this situation, it’s crucial because if you don’t give proper notice, then your request is going to be outright denied regardless if you can meet all the other requirements that a need is there. And these kids are in immediate danger. If you don’t give proper notice, the court doesn’t have jurisdiction to do anything. So in order to give proper notice, you have to do it either by phone, email, text. You have to let the other party know that you’re moving forward to court the very next day. And that’s the beauty of these emergency hearings. You don’t schedule it two or three months down the road. When you file it, the next day the court will review it. Step 2: Judge Reviews Filing Normally in an L.A. county, there’s not going to be a hearing where you actually have to appear for these documents are going to be reviewed in chambers by the judge alone with no appearance by anybody else. So it’s important that your documents are very specific and to the point. If for whatever reason, your documents are convoluted or confusing and it doesn’t allow the court the proper means to grant your request, they’re going to have to deny it. Step 3: Judge Schedules Regular Hearing Now, if the court denies it or grants it, nine out of ten times, they’re going to schedule it for a regular hearing. And that regular hearing is usually going to be about 21 days out. So it’s not going again really two months down the road, but is going to be pretty soon. Step 4: Present Evidence at Hearing At that hearing, the court’s going to want to hear from the other side. And it also gives you an opportunity to provide more information to the court. At that hearing, the court can rule either for you or against you. So it’s important how to prepare yourself for that hearing. It’s important to also gather your evidence. If you see any type of immediate danger to the children, for example, you find out the opposing parent or sorry, the co-parent of yours has a drinking problem or drug habit and they’ve been having visitation with the kids while being under the influence. It’s important to gather this information as evidence to support your request to perhaps ask for monitored visits or some other means in order to ensure the safety and well-being of those kids. Defending Against an Emergency Custody Order If you’re defending against an emergency hearing, you’re going to be notified that the other side is going

Divorce is never easy, especially when it comes to dividing assets. If you’re facing the challenge of dividing assets, understanding the legal distinctions between community and separate property is essential. In California, anything acquired during the marriage is generally considered community property and must be split equally. However, exceptions exist, and strategic planning can help safeguard your financial future. From identifying and documenting assets to avoiding common pitfalls like co-mingling funds, there are key steps you can take to minimize losses. Mediation, prenuptial agreements, and financial planning can also play a vital role in ensuring a fair outcome. In this video, Sina Mohajer from Mohajer Law Firm breaks down five ways for dividing assets during divorce proceedings. At Mohajer Law Firm, we specialize in family law, divorce cases, and asset division. We can help you understand community property, ensure fair asset security, and secure financial stability. Contact us today to schedule a consultation! Transcript: Are you involved in a divorce process where you’ve got assets that need to be divided and you’re unsure what to do to protect those assets for yourself? Well, you’re in the right place. I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, civil litigation, criminal defense, and personal injury. If you’re new to this channel, I welcome you. Please don’t forget to hit that like button. And don’t forget to subscribe so you’re always notified of any new videos being posted. In these mini-series, I like to tackle complex issues and try to simplify them for our viewers in order to give you that education and that know-how to continue with your divorce process. So without further ado, I welcome you all to A Walk in the Park. How Do You Divide Assets in a Divorce? In this video, I’m going to hit up five key points. First one, understanding community property in California. Second is identifying and documenting assets during the divorce process. Third is understanding the difference between separate property and community property. Fourth is strategies to minimize that asset loss. And lastly, is to plan for your long-term future financial security. 1. Community Property So what is community property? Well, California is a community property state, which means anything you acquire from the date of marriage to the date of separation is all going to be presumed to be community property. But there’s always a way to overcome that presumption. But always remember as a golden rule, if it was acquired during the marriage, it belongs to the marriage and therefore it needs to be divided equally at the time of divorce. But some exceptions are going to be instances where you receive an asset that is either given to you as a gift or through an inheritance. Those usually will remain separate property and you don’t need to divide that—that belongs to you. But it’s important to take these key steps moving forward that we’re going to address later on to ensure that we keep that as separate property and it doesn’t end up being converted to a community asset where it does need to be divided at the time of divorce. 2. Identify and Document Assets Identifying and documenting assets. I cannot emphasize how important it is to do this during the divorce process, because of course you’re not going to know everything you acquired during the marriage or anything that you acquired pre-marriage or post-separation. So identifying these assets, and documenting them is going to be key in this step. One thing to always keep in mind is pulling up statements, going into your accounts, for example, while you are an account holder, to pull out those statements during the marriage so we can understand the value all your accounts have. If you have Roth IRAs or any 401(k)s or pensions, documentation is so key in this process. 3. Difference Between Separate Property and Community Property So what’s the difference between separate property and community property? Well, separate property, unlike community, is anything that you acquire before the date of marriage and after the date of separation. But like I mentioned earlier, there are instances where you do acquire an asset during the span of the marriage that would constitute a separate property. And it’s important that you maintain that characterization of that separate asset as separate at all times. One way to deviate from that is co-mingling. Now, when you co-mingle an asset, for example, let’s say you received a substantial amount of money as an inheritance or a gift. Naturally, that is going to be your separate property and it’s not going to be shared. But what happens if you deposit those funds into a joint account where there are community funds available? At that point, you have now co-mingled funds. There’s no way I’m going to be able to have a cup of water, pour a few drops into another cup, and separate those drops later on. The moment they’re co-mingled, it transmutes into a community property asset. Prenuptial Agreement and Post-Nuptual Agreement Another way to keep things separate is through a prenuptial agreement or a postnuptial agreement. Now, I have other videos where I dive deeper into the difference between the two and what to do to safeguard your interest in your assets. But that’s one other key thing to keep in mind when dealing with your divorce process and trying to figure out what is separate and what is community. 4. Strategies to Minimize Asset Loss So how do you strategize to minimize your asset loss? One best way that I can recommend is always to try to mediate and come to some type of settlement agreement. Any time you step foot in a courtroom, you always give up that control and that predictability of what’s going to be the outcome after the judge hears your case. You’re essentially giving them all the power to determine what assets are going to be yours, what assets are going to be the

Going through a divorce is a challenging process, but when domestic violence allegations are involved, it becomes even more complicated. Whether you are the victim seeking protection or the accused trying to defend yourself, it’s important to understand how domestic violence cases impact divorce proceedings, child custody, and visitation rights. In this video, Sina Mohajer, a family law attorney at Mohajer Law Firm, breaks down what you need to do if domestic violence is a factor in your divorce case. We’ll cover what qualifies as domestic violence in California, how to file for a temporary restraining order, and what to do if you are wrongfully accused of domestic abuse during a divorce. If you are facing domestic violence allegations and want to protect your custody rights, contact Mohajer Law Firm for legal guidance. At Mohajer Law Firm, we specialize in family law, domestic violence defense, and divorce cases. Whether you are seeking legal protection as a victim or need to defend yourself against false accusations, our team is here to help. Transcript: If you’re involved in a divorce case where there are allegations of domestic violence, in this video we’re going to tackle just that and address the issues in defending or even prosecuting that case. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, civil litigation, criminal defense and personal injury. If you’re new to this channel, don’t forget to hit that like button, or even subscribe, so you’re always notified of any new videos being posted. In these videos, or these mini series, I like to tackle complex issues and try to simplify it for our viewers and really give you the knowledge and know-how, or even the ability to handle your own case more efficiently. So without further ado, I welcome you all to A Walk in the Park. What Is Domestic Violence in California So what is domestic violence in California? Well, domestic violence does not only include physical violence or physical abuse, it also encompasses emotional as well as financial abuse too. So if you find yourself as a victim, or you’re being accused of such, that falls within the domestic violence law in California. What Should You Do If You’re a Victim of Domestic Violence? Now, what to do if you are the victim in a domestic violence case? Well, you are given what’s called an emergency power to file court pleadings in order to get an emergency temporary restraining order. That emergency temporary restraining order is going to give you that level of protection that the court might feel that is necessary until the matter can be scheduled for a regular court hearing and hear the other side or their defense. So it’s important during this stage to gather your evidence, whether it’s text communication, video surveillance, or what have you, if there’s pictures of your injuries—to be able to really push forward with the court to show the urgency and necessity of getting that temporary restraining order. What If You’re Accused of Domestic Violence? Now, what happens if you’re the one who is being accused of the domestic violence? Well, it’s very important that you do the same thing. It’s important to look at text messages, photographs, surveillance. It’s important that you speak to an attorney and get your story across, so that we can properly and efficiently defend you if there’s any type of bogus allegations being made against you. Custody, Visitation, and Best Interest of the Children Because when there’s domestic violence in a divorce case, it can have huge implications. One is, the children’s well-being. The court really only looks at what’s in the best interest of the kids. They don’t care about anything else when it comes to custody visitation, because without those kids being in a proper safe environment or their well-being looked after, then 50/50 custody is not going to work. So if there’s domestic violence and the court finds a finding of domestic violence, then chances are the court’s going to issue the victim sole legal custody, as well as physical custody and order some type of visitation for the accused. And that can include monitored visits. It can include anger management classes, parenting classes, alcohol program, depending on what the allegations are. In fact, before recording this video, I had a hearing this morning where there were accusations of domestic violence. And although there were recommendations for the father to just jump right into normal visitations, I was able to express to the court the importance of the children’s well-being and to safeguard their interest. And in that particular case, the court did order monitored visits, at least temporarily, until we can come back and see how that’s working out with the kids. Gather Evidence for Your Domestic Violence Case Lastly, I cannot emphasize this enough, whether you’re the accused or you’re the victim, is to gather your evidence. When there’s domestic violence, we have to jump at the opportunity immediately in order to safeguard the victim, or in order to defend against the accused. And without evidence, you don’t have a case. So it’s important to look at your text messages, emails, there’s video surveillance, photographs of injuries or anything of that nature. Talk to your attorney to make sure that they are fully informed of your side of the story in order to effectively do what needs to be done to protect you and the kids. Contact a Domestic Violence Divorce Lawyer Today If you have questions about your divorce case, which I’m sure there’s going to be, feel free to reach out to our office, schedule a consultation. Or, if you like, go ahead and hit that comment section and let us know some of your questions and we can always get back to you. And also, don’t forget to hit that like button. Definitely subscribe, so you’re always notified. And I welcome you all to our new mini series, A Walk in the Park.