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If you or your spouse owns a business, dividing that asset during a divorce can get complicated. In California, businesses started during the marriage are generally considered community property—meaning they’re subject to a 50/50 split. But how do you value a business? What are your options for division? And how can you protect it, both before and after divorce? In this video blog, we’ll break it all down—from business valuations and division strategies to prenuptial agreements and financial best practices. Whether you’re the business owner or the spouse of one, this guide will help you understand your rights and protect your financial future. If you’re navigating a divorce involving a business, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your financial interests and business assets. Transcript: In every divorce case, you need to divide your assets and debts. But today, we’re going to focus on whether you own your own business and how that’s handled in a divorce proceeding. We’re going to discuss how California treats business assets in divorce. We’re going to discuss what a business valuation is and its importance for your case, as well as some options in dividing your business asset. Lastly, we’re going to talk about how to protect your business before and after divorce.  For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, criminal defense, estate planning, and personal injury. In these videos, I like to tackle complex issues and try to simplify it for our viewers in order to give you the upper hand and the knowledge to handle your case more effectively. So if you like the contents of this video, please 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.  Dividing Business Assets in Divorce So how does California treat business assets in a divorce? Well, you have to remember, California is a community property state, which means anything acquired from the date of marriage to the date of separation is presumed to be community property. And it needs to be divided 50/50. Anything acquired before the date of marriage or after the date of separation is going to be presumed to be separate property, which doesn’t get divided, and you’re entitled to all of it. So if you started your business during the duration of the marriage, it’s going to be presumed to be a community asset and it needs to be divided 50/50. But how the heck do you divide a business if you don’t know its value?  Business Valuation That’s where a business valuation comes into play. It allows a court to determine a definitive value of this business in order to divide it 50/50 and more equitably. But what are some approaches? Well, there’s three different approaches when it comes to a business valuation. There’s a market approach which looks at similar businesses sold in the market and its value. There’s the income approach, which looks at the potential earnings of that business as well as the asset approach, which looks at the assets and liabilities that business has in order to determine its value. It’s very important that during this stage we get an expert, a business evaluator, expert to be able to look at the business to determine which approach is going to be best suited for your case, to minimize how much you might have to pay the other spouse or perhaps to maximize your profit when you’re looking at a business the that your spouse might have started. How to Divide the Business Some options in dividing the asset. However you’re looking at three main options. First option is to buy out the other spouse. If your business is valued, let’s say at $100,000, then you buy out the other spouse for half its value, $50,000. Another option is just to sell the business outright and split the proceeds equitably. The last option, which might not be my favorite option, but still a viable option is to conduct the business as a partnership, post-separation or post-divorce, where the two of you are still in this business together, sharing the profits accordingly. Protecting Your Business Before and After Divorce Now, one way of protecting, or I should say, multiple ways of protecting your business before and after divorce. Prenuptial Agreement Well, before divorce, you’re looking at a prenuptial agreement or a post nuptial agreement. I’ve got other videos where I dive deeper into the differences and what’s involved. But having that type of an agreement resolves this issue outright, and you don’t have to worry about trying to litigate it in court. It determines or sets forward the rules in place at the time of divorce how this business will be divided. Operating Agreement Another way of protecting your business, either before or after divorce, is having an operating agreement in place. Perhaps at the time that you establish this business, for if the two of you were to separate or for you to get divorced, what’s going to happen with the business? Who’s going to operate it? What would be the buyout, etc.? Keep Personal and Business Finances Separate The last way of protecting this business is ensuring that your personal finances are being separate from your business finances. The last thing you want to do is commingle the two because it gets convoluted and more complicated in order to be able to differentiate the two expenses or the two different financial documents. So keeping them separate is going to be key.  Questions About Dividing a Business in Divorce We talked about how California treats business assets and divorce. We talked about what a business valuation is and the different approaches taken, as well as options in dividing this asset. And lastly, protecting the business

Blended families bring love, complexity—and sometimes legal challenges. If you’re involved in a custody dispute and either you or the other parent has remarried or is co-parenting in a blended household, the situation can quickly become more complicated. New parenting dynamics, step-siblings, and conflicting schedules can create tension and confusion over what’s truly in the best interest of the child. In this video, family law attorney Sina Mohajer explores how California family courts view blended family situations, what role stepparents legally play, and how you can navigate common pitfalls like conflicting parenting styles or loyalty struggles. At Mohajer Law Firm, we help parents in complex custody cases find clarity and resolution. Whether you’re trying to maintain stability for your children or facing disputes over parenting roles, this guide will walk you through practical strategies—from respectful communication to detailed parenting plans—and explain when it may be time to seek court intervention. If you’re facing challenges in a blended family custody dispute, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your child’s well-being. Transcript: When you’re dealing with custody disputes, you’re already facing a set of challenges that you’ve got to figure out how to navigate and overcome. But what happens now if one side has a blended family? That provides a whole new set of unique challenges that you need to understand, and hopefully this video will provide you some guidance on how to overcome that.  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 the know-how and knowledge to be able to navigate through your case a little bit more efficiently. So if you like the contents of this video and you like what you hear, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. So without further ado, I welcome you all to our new mini series called A Walk in the Park.  Child Custody Disputes and a Blended Family So, what are some unique challenges that you face in a blended family situation? Well, first of all, what is a blended family? A blended family normally consists of a step sibling, half siblings, a step parent and the like, or even potentially a co-parent, like a cohabitating situation. Unique Challenges And some unique challenges that it provides is, for example, different parenting styles. It could be a division of loyalty. Or, it could have any type of conflict with the parenting or visitation schedule that you currently have. Legal Considerations So what are some legal considerations that you should keep in mind? The utmost thing on the top of every list, regardless if you have a blended family or not, is what is in the best interests of these children.  That’s what the court reviews and that’s what you should be reviewing, is putting our differences aside and not worrying about the fact that whether you moved on or the other parent moved on, it’s what’s in the best interests of these kids. Role of the Step-Parent Also, what is the role of a stepparent, if you have one in your particular case? Now, I’ve had cases before where I’ve heard judges specifically state that a stepparent has a vital role in all of this, but it’s important that they don’t overstep their role. And one way of overstepping is, for example, deciding when and how to discipline the children, dictating when visitations occur, or getting involved with co-parenting decisions, with the biological parent, not their partner.  A step parent is important to be there as a support system to that parent to help facilitate, whether it’s transportation or just being there to help out with custody and visitation issues between the two of them. But it’s never a good idea for the step parent to get involved with the underlying issues between both parents. It’s important that they stay in their place and they understand their role. Siblings and Step-Siblings Also have siblings or step siblings. It is important, and the courts want to see this, that we’re nurturing the relationship and continuing that relationship, if there is one, between your children and the half siblings or step siblings. And it’s important not to sever that relationship unless it is not in their best interest to maintain that relationship.  Strategies to Manage Custody and Blended Families So, what is a strategy that we can kind of overcome these challenges? Communication One method, and I can’t emphasize this enough, is having an open line of communication. But not just an open line of communication, but in a respectful manner. Because you have to realize you’re co-parenting with your ex-partner. It’s important to keep the lines of communication open, honest, and respectful.  You’d be surprised of how much you can accomplish if the two of you can just openly discuss issues that are concerning to you and figure out ways to overcome those issues. Mediation Now, if communication doesn’t work, you always have the ability to go seek mediation. And in mediation, you’re going to have a third party neutral hearing both sides and help facilitate an agreement if one can be had. Parenting Plans If mediation doesn’t work, you can look at detailed parenting plans. Now a detailed parenting plan technically can come from mediation or even open lines of communication. But a detailed parenting plan is going to set the rules. The more detailed you can come in a parenting schedule, the less conflict potentially you’re going to face. Court Intervention But if all else fails, you always have the right to seek court intervention. And sometimes, unfortunately, that’s the only option left because it takes two to tango. When you go to court, the court’s going to look

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 and determine whether an asset is being hidden, especially in cases involving substantial wealth or complicated holdings. In those situations, it can be useful to speak with a high-net-worth divorce attorney or a complex property division attorney. 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 representing themselves to look through everything and identify the red flags. That is why it is important to work with a knowledgeable and experienced family law attorney in Arcadia. 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