What to Do if a Domestic Violence Restraining Order is Filed Against You
What to Do if a Domestic Violence Restraining Order is Filed Against You
What is a Domestic Violence Restraining Order? A domestic violence restraining order, also known as a “DVRO” for short, is an order issued by the Court to protect people if there are allegations of abuse or threats of abuse that have been raised. A DVRO is a very serious matter, and can have a negative impact on your life. For example, the DVRO can be used to make the following…
Read MoreIs it Right to Make a Sperm Donor Pay Child Support?
In a recent Kansas court case, a sperm donor was ordered to pay child support to a woman who bore a child using artificial insemination. Though he signed documents waiving his parental rights, the state of Kansas found his arguments invalid. The case has set off a firestorm of opinion and publicity. Kansas Court Orders Sperm Donor to Pay Child Support In March 2009, William Marotta saw an ad on…
Read MoreWhat Are the Fastest Ways to Divorce in California?
Going through a divorce can be a long and arduous process that takes a tremendous toll on the parties involved. Although you may want to put your marriage behind you and move on with your life, it can be difficult and time-consuming to go through the divorce process. A divorce in the state of California takes a minimum of six months and can sometimes take much longer. Depending on the…
Read MoreCan Parents File a Restraining Order on Behalf of Their Child?
Restraining orders are legal decrees that prevent individuals from harassing, assaulting or abusing others. They are usually associated with adults in domestic violence and criminal protective cases. However, in a Riverside County court case, a judge agreed to a request from a parent to issue a restraining order for his son against his son’s 10 year-old classmate.1 The restraining order stems from a dispute between Robert Casteel’s 10 year-old son…
Read MoreHow Your Child Can Influence a Child Custody Decision
In determining child custody, a family court judge’s decision is based on the overall best interest of the child. Since January 1, 2012, the judge can not only hear testimony from both parents before making a child custody decision, but also testimony from the child himself/herself under certain circumstances. Under California Family Code Section 3011, a judge considers the following when making a child custody decision: The age of your…
Read MoreWhat Happens When A Spouse Dies During Divorce Proceedings?
In a recent California court case (case number B250349), the court ruled that the divorce process can continue when one spouse dies as long as the court decided to dissolve the marriage and reserve jurisdiction over all other matters before the spouse’s death. A court’s ruling made after a spouse’s death can stand as the final judgment in a divorce case. Death During Divorce – Alejandro and Thelma Martin The…
Read MoreWhat Happens to My Business After a Divorce? (California Family Code Section 760)
A divorce involving a business, whether owned by both spouses or one spouse, is perhaps the most complex type of divorce case. The business, or interest in a business, will more than likely need be valued by an expert and divided according to complex formulas. For this reason, it is imperative that you hire a divorce attorney who has experience with divorces involving businesses and business interests. At Wallin &…
Read MoreWhat is Restricted Child Visitation? (California Family Codes 3011 and 3040-3049)
Child custody and visitation matters can be serious and complex matters that will have a major impact on both you and your children. Sometimes these matters are so contentious the other parent may request that you have no visitation rights with your children, or have a restricted visitation schedule. If you are going through a contentious child custody dispute, you should not hesitate to contact our experienced family law attorneys…
Read MoreHow is Temporary Spousal Support Determined in California?
Temporary spousal support is paid during divorce proceedings and ends when the terms of a divorce are agreed upon. Under California Family Code Section 36001, a spouse can be ordered to “pay any amount that is necessary” for temporary support based on the supported spouse’s need and the supporting spouse’s ability to pay. The purpose of temporary spousal support is for both parties to maintain the standard of living both…
Read MoreHow Does Spousal Support Work in Same-Sex Marriages?
Spousal support, often referred to as “alimony,” is the money one spouse pays to another spouse for their maintenance and support after separation. There are two types of spousal support – temporary and permanent. Temporary spousal support is awarded to one spouse on a short-term basis while the divorce proceeding is ongoing. Permanent spousal support is an order made at the conclusion of the divorce action and is designed to…
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