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How Spousal Support in California Works

  • April 30, 2025
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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.

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Parenting After Divorce: Navigating Custody and Co-Parenting

  • April 21, 2025
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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

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Family Residence: Property Division in a Divorce

  • April 14, 2025
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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

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How to Find Hidden Assets in Divorce and What Happens to Them

  • April 14, 2025
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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.

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How to Apply for an Emergency Custody Order in California

  • April 7, 2025
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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

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5 Ways of Dividing Your Assets During Divorce Proceedings

  • March 28, 2025
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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

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How to Handle Allegations of Domestic Violence During Divorce

  • March 28, 2025
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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.

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Legal Guidelines For Relocation Custody Cases After Divorce

  • March 18, 2025
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Relocating with your children after a divorce or during a child custody case can be a complex and emotionally charged process. Whether you’re hoping to move for a new job, to be closer to family, or for a fresh start, the legal system prioritizes one key factor: the best interests of the children. But what does that really mean? And how do you navigate the legal hurdles to either gain permission to move or prevent your co-parent from taking your children away?   In this video, Sina Mohajer breaks down the essential steps for parents on both sides of a relocation case—what you need to do, how courts make their decisions, and how to build the strongest case for your situation. At Mohajer Law Firm, we specialize in family law and are here to simplify the legal process for you. Read on to learn how to protect your rights and make informed decisions for your family’s future. Transcript: Whether you’re involved in a divorce or a custody battle, if you have kids and you’re looking to relocate to a different state or somewhere far away, this video is for you. In this video, we’re going to tackle exactly just that—what to prepare for, what you need to do in order to help your chances in relocating, or if you’re on the other side, to prevent those kids from leaving. 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 tackle complex issues and simplify them for our viewers in order to give you that information and know-how to handle your case more effectively, or just simply to answer some questions that you might have about your case. 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 about any new videos being posted. And without further ado, I welcome you all to A Walk in the Park. No Pending Action If you don’t have a pending action, then there are technically no laws in place that prevent you from doing whatever it is that you want to do with your kids. But does that necessarily mean that you should go ahead and move and relocate with your kids without going through the proper channels? Number one is always having a discussion with the other parent and getting consent. Now, it may be the case for your particular situation that you could just pick up and leave, and nothing bad will happen later on. But that’s why it’s important to talk to a seasoned family law attorney to understand what kind of ramifications your actions may have if you do decide to move and relocate without going through the proper steps. Pending Action But if you do have a pending action, then there’s an automatic temporary restraining order in place. That prevents you or the other parent from relocating with the kids without the written consent of the other parent or a court order. And if you do have a court order in place, whether it’s a temporary order or a permanent judgment, then you want to look at those documents, within those four corners, to determine what you are allowed to do and what you are not. But odds are, if there’s a pending action or there was a pending action that has now been finalized, you’re going to need to either A) have the consent of the other parent before you move, or B) go to court and get permission from the court. Other Parent Doesn’t Give Consent So, what happens if the other parent doesn’t give you the consent? What do you do next? Your only other option is to file paperwork with the court and get permission from the court in order to relocate with the children. Request for Order But how do you do that? Well, you have to do it through a formal motion. You need to fill out your paperwork, what’s called an “RFO” or Request for Order, schedule a hearing date, and establish the requirements needed for the court to give you that permission or possibly deny it. Best Interest of the Kids One of the main factors to consider is always looking at what is in the best interest of the kids. The court doesn’t care about your interests. They don’t care that your family lives in Ohio or that you have a better-paying job there. They don’t care that the cost of living in California is so expensive that you can’t even maintain rent. Sure, all of those things I just mentioned can be related to the best interests of the kids, but that’s the key—to relate everything back to the children. Take the spotlight off yourself and put it back on the kids. What’s the Plan Should You Move? One main factor that you want to look at is what the plan will be if you move. Set out a detailed plan for the court to establish: One, what school the kids will go to, how that compares to their current school, and whether it is a better school or of equal value. Two, whether you have family elsewhere and if there is no family here to provide familiarity and support for the children, allowing them to build bonds with aunts, uncles, grandparents, or even cousins. Visitation Schedule Another factor to keep in mind is how the visitation schedule is going to be, if the court were to give you that permission. Going into court and just asking to move is great, but if you don’t have a plan for how the kids will maintain their relationship with the other parent, your odds of winning that hearing are slim to none. Again, the most important factor is the best interest of the children. Presumably, in the state of California, the best interest of children is to have consistent and continuous contact

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Top 5 Mistakes in Child Custody Battles

  • January 22, 2025
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Custody battles can be emotionally taxing and legally complex. In the video below, Sina Mohajer of Mohajer Law Firm, based in Arcadia, California, highlights the top five mistakes commonly seen in child custody cases. Avoiding these behaviors can help you secure the best outcome and maintain a healthy co-parenting relationship. If you’re navigating a custody battle or have questions about your rights as a parent, contact Mohajer Law Firm today for a personalized consultation. Our legal experts are here to guide you through this challenging process. Transcript: Hey, welcome back to our channel. For those who don’t know me, I’m Sina Mohajer from Mohajer Law Firm, located right here in Arcadia, California. We specialize in family law, civil litigation, criminal defense, and personal injury. Now, you might have noticed some time has passed since we filmed our last video, and for good reason. I’m happy to announce that our firm has been growing. We’ve moved into a bigger location, allowing us to hire more staff to take on more cases. And I’m even happier to announce that our success rate has only increased. So if you’re new to this channel, welcome. Please don’t forget to hit that subscribe button so you’re always informed of new videos being posted. And I do have to take this time to thank those who have been subscribing and have specifically sent us messages during this time that we’ve taken a break. I’ve received them all and I’ve read them all. It truly warms my heart to see that the content we provide, the information that we’re providing to you, has really been helpful in your life, in your case, and to those that you love. So thank you so much. They have been heard loud and clear, and that is why we are back, baby. So without further ado, I’d like to welcome those who are returning and those who are new to our new series called A Walk in the Park. Top 5 Mistakes in a Child Custody Case In today’s video, I want to specifically address, in my opinion, the top five mistakes that I see in any type of child custody litigated battle. 1. Parents Don’t Prioritize Child’s Best Interests The first one being that parents do not prioritize the childrens’ best interest. Now, the family code specifically states this is what judges have to abide by—what is in the best interests of the children in order to come up with some type of custody or visitation schedule. By the parents not taking into consideration or even prioritizing the best interest standard, it really sets you back when you’re in court asking for a certain type of relief. 2. Badmouthing the Other Parent Mistake number two that I see, and happens more often than not, and I don’t know why, is one parent making disparaging comments or badmouthing the other parent, either directly to the children, around the children, or within earshot. But more importantly, let me leave you with this as well. Even if you’re not doing any of that, your attitude, your demeanor, the vibe that you’re sending off when you’re with your kids—if you have any animosity about the other parent—that comes off, and the children are like sponges. They can see that you weren’t happy with the other parent, and that ends up affecting their relationship with that parent as well. If the court can see that, you’re in a lot worse condition than you were had you been keeping those comments and that energy to yourself. 3. Don’t Keep a Journal of Visitation or Parenting Time Now, mistake number three that I see is that parents do not keep a log or a journal of visitation or parenting time. A lot can happen in a month, two months, or three months when you want to be sure that you can address these issues with the court. Not having a log or journal, it makes it very hard for the court to believe that these incidents even occurred. Having detailed information, such as, on this particular date, the other parent was late for pickup or late for drop-off, or there was an incident that occurred at the exchange, makes you a more credible witness when the time comes to go in front of the judge. 4. Not Following Court Orders Now, mistake number four that I see is not following a court order. It’s really simple, folks. If the judge orders you to do one thing, you follow it to the tee. The fact that the other parent has violated the order or did something improper does not negate the fact that you don’t have to follow the court order. So we want to make sure that when we’re entering into that courtroom, we have clean hands so that way we can point the finger at the other parent and demonstrate to the court that they’re not effectively co-parenting or they did something improper. 5. Use Children as Leverage Now, mistake number five that I see in all of this is using the children as leverage. These kids are innocent bystanders in your battle about custody or divorce or what have you. Don’t let them play a part in this and definitely don’t use them as leverage. When the court sees that, they can’t trust you to be the primary custodial parent. I have seen judges take away custody from a parent simply because they are using the children as pawns. They are not [pawns]. They are kids, and they are innocent in all of this. And because the first mistake I talked about was the best interest standard, the court’s going to look at that over your interest any day. Contact a Child Custody Lawyer So if you have questions about this video, or specifically, about your case and different nuances that are occurring and you’d like to speak to an attorney, I welcome you to contact us and schedule your consultation. I’m happy to

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What to Expect When You Are Charged with a Crime in California

  • January 9, 2025
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Navigating the legal system can be overwhelming, especially when you are charged with a crime. In the video below, Sina Mohajer of Mohajer Law Firm provides a clear and concise overview of what to expect during each stage of a criminal case. From arrest to trial, learn about your rights, the legal process, and how having a skilled attorney can make all the difference in protecting your freedom and future. If you have questions about criminal allegations or need immediate legal assistance, call Mohajer Law Firm today for a consultation. We’re here to guide you every step of the way. Transcript: Hey, welcome back to our channel. For those of you who don’t know me, I’m Sina Mohajer with Mohajer Law Firm, located right here in Arcadia, California. We specialize in family law, civil litigation, criminal defense, and personal injury. Now, you might have noticed quite a bit of a gap of time from our last video until today, and that’s for good reason. I’m proud to announce that our firm has been growing. We’ve moved into a bigger location to allow for more staff to take on more cases and to help out our community. And I’m even happier to announce that our success rate has only increased. So for those of you who are new, welcome. And I introduce our new series called A Walk in the Park. What to Expect When Facing Criminal Allegations In this particular episode, I want to address the steps that you can expect if you are accused of committing a crime. Arrest Now, the first step is usually going to be an arrest. Not every crime warrants arrest, but for the most part, you’re going to be arrested. And at the time of the arrest, it’s important to know what to expect so that way you’re fully informed of your rights. During the time of arrest, you’re going to be read your Miranda rights, and that is the right to remain silent and the right to have an attorney. So at any given point, if you do not want to answer any further questions, you have the right to request counsel to be present. Bail Hearing After the arrest, chances are there may be a bail hearing. And that’s not for every case. It depends on the severity of the allegations or the crime being committed. If there is a bail hearing, that gives us the opportunity to address the court to limit the amount of bail or to absolve it completely. But at that point, we get to determine and find out how much it is going to cost and allow you to be released from jail, to be out in public, go back home, and to your loved ones while we try this case. Arraignment The next step in this phase is going to be the arraignment. This is the very first time you’re going to show up in court for the charges being alleged against you. During the arraignment, your job is very simple and straightforward. All you’re going to say is “not guilty.” The court is going to read your rights. The court is going to read the allegations into the record, and they’re going to ask, “How do you plead?” You have two choices. You either plead guilty or plead not guilty. And we’re going to go with the latter. Pre-Trial Conference After the arraignment, every hearing after that until your trial is going to be called the pre-trial conference. At any time in a pre-trial conference, that gives us the opportunity to gather the discovery and the evidence that we need for your defense, as well as to discuss your case with the district attorney who’s running this case to see if we can negotiate any type of plea bargain. Trial After the pre-trial, if we cannot resolve your case at that point, that’s when we start preparing for trial. This is where the battle begins. Jury Selection At the time of trial, we’ve got to select our jury first. That means the 12 individuals who we want to sit there to listen to all the evidence and to judge whether you’ve committed that crime or not. Opening Statements After the jury selection is going to be the opening statements, which is so important because this is the very first time the jury is going to hear from us as to what actually occurred, what defenses we have, and whether you should be found guilty or not. Present Evidence After that is where we present evidence. The state has to present their evidence to show that you actually committed the crime that they’re alleging. This gives us the opportunity for your defense and poking holes wherever we can and presenting a more solid defense than they can in their case in chief. Contact a Criminal Defense Attorney in Arcadia At the end of the day, if you have any questions about your case, if you have been experiencing any type of criminal prosecution, by all means, feel free to give our office a call. I offer initial consultations. I’ll be happy to sit down with you one-on-one.

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