Automatic Temporary Restraining Orders in a Divorce
Automatic Temporary Restraining Orders in a Divorce
Automatic temporary restraining orders take immediate effect when you file for a divorce, legal separation or an annulment. They take effect on the other party once they are served. It is important that you contact an experienced Riverside County family law attorney at Wallin & Klarich who thoroughly understands these orders, explains them to you, and knows what to do if they are violated. There are four (4) statutory…
Read MoreProper Venue for a Divorce or Legal Separation [California Code of Civil Procedure Section 395(a) and 396b(a)]
When filing for a divorce or a legal separation in Los Angeles, it is important that you file your case in the proper venue—venue meaning the superior court of the particular county that has jurisdiction over your divorce or legal separation. An experienced Los Angeles family law lawyer of Wallin & Klarich will know the venue requirements and will inform you which Los Angeles County superior court is the proper…
Read MoreModification of a Previous Spousal Support Order Requires a Material Change of Circumstances.
Assuming the court has spousal support jurisdiction, modification of a spousal support order requires the party requesting modification to show a material change of circumstances since the time of the prior order. Wallin & Klarich has knowledgeable Orange County family lawyers who assist its clients in determining whether a material change of circumstances has occurred qualifying for a modification. Demonstrating a material change of circumstances may be difficult to prove. …
Read MoreA Marital Settlement Agreement Entered As a Stipulated Judgment Requires the Signature of Both Parties
If you are going to settle your divorce case outside of court, you must be very careful. You do not want the judgment to be returned for a failure on the part of your divorce attorney. California Code of Civil Procedure (“CCP”) Section 664.6 provides in part that “If parties…stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement…
Read MoreA Request to Determine Biological Paternity of a Child in Dependency Proceedings Must be Determined First Before the Court Considers the Child’s Best Interests
When a child is a party to a dependency proceeding, and there is a possibility that you may be the biological father of that child, upon your request, the juvenile court must determine paternity. You will need an experienced Orange County dependency lawyer to make sure your legal rights are protected. The juvenile court has an obligation to inquire about and determine the parentage of each child who is part of a dependency proceeding.…
Read MoreTHE ABILITY TO PAY MORE IS NOT A SPECIAL CIRCUMSTANCE THAT REQUIRES DEPARTURE FROM GUIDELINE CHILD SUPPORT [Family Code Section 4057]
In California, guideline child support is the presumed amount necessary for support. The family law courts are required to follow the guidelines provided for in the approved computer programs used by the court when setting child support orders. Deviation from these guidelines for child support is allowed where evidence shows that application of guideline support would be unjust or inappropriate in that particular case because of one or more of…
Read MoreA Guide to Types of Custodial Arrangements between Parents
When dealing with custodial and visitation orders with the parent of your child, one can get confused with legal terms and their meanings. Not to worry, Wallin & Klarich has prepared a brief guide for these terms. “Legal Custody” refers to having the right and responsibility to make decisions relating to the health, education and welfare of the child. “Physical Custody” refers to where the child will reside and be…
Read MoreHow to Get Your Marriage Annulled in California
An annulment of a marriage occurs when the court determines that your marriage is not legally valid. An annulment is based upon the allegation that the marriage is void or voidable. A “void” marriage means that the marriage is invalid from its inception—the marriage never legally existed. On the other hand, a “voidable” marriage is valid for all purposes between the parties until it is deemed a nullity by the…
Read MoreIn Determining Guideline Child Support, the Court May Substitute Earning Capacity For Actual Income. [California Family Code Section 4056]
Under the California Family Code, the court is to use a specific formula in calculating a monthly child support payment amount known as guideline. When determining whether or not you should be paying child support, it is important to meet with an Orange County family attorney who can help determine the “guideline amount” for child support in your case. When the court is going to order an amount for child…
Read MoreDomestic Violence Prevention Act [California Family Code Section 6200]
Orange County Domestic Violence Lawyer Are you in danger now? If so, you need to get immediate assistance. It is important that you protect yourself and your family from abuse and harassment. In such cases, you need a qualified Orange County domestic violence lawyer who can make sure you and your loved ones are safe. “DVPA” stands for Domestic Violence Prevention Act. The DVPA is intended to prevent the…
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