What We Do

Home / What We Do

DivorceDissolution of Marriage

In California a divorce is called a dissolution of marriage.  The purpose of filing a dissolution of marriage is to obtain orders dividing your property, custody orders for your children, orders for child and spousal support, and to terminate your marriage.  California is a no fault state so either party can obtain a dissolution of marriage and the other spouse cannot object.

To begin the process, a complaint for Dissolution of Marriage needs to be filed and served. Once filed it is served.  Your spouse then has thirty days to respond.  Your divorce can be finalized six months from service of the Petition.  That is the earliest it can be finalized, but it likely will take longer unless you can resolve in an amicable fashion.

The Petition is served concurrently with a summons. That summons contains Automatic Restraining Orders which are effective upon service. These Restraining Orders preclude either party from removing children from the state and from dissipating property and canceling insurance as well as changing beneficiaries.

Restraining Orders

If you are a victim of domestic violence, it is imperative that you act immediately and contact this office or another attorney. Through the Domestic Violence Prevention Act you can procure a restraining order, get exclusive use of your residence, and any other orders necessary to protect yourself. If you are an accused perpetrator of domestic violence it is equally important to act immediately. A finding of domestic violence creates a presumption that you cannot obtain custody of your children and cannot procure a spousal support order. You can also be kicked out of your residence and ordered to turn over firearms. Due to exigency of these situations, hearings can occur on an emergency basis and you are entitled to a contested hearing within twenty five days of the hearing on the temporary restraining order.

Child Custody and Visitation

Child custody disputes can be extremely expensive both emotionally and financially. In California prior to having a hearing on custody and visitation the courts require that the parties attend mediation. Custody and visitation is judged on the very broad standard of best interest of the child. It is important for parties to try to resolve these issues and avoid putting the child or children in the middle.

Custody and SupportChild Support

In California, child support is determined by a set of specific guidelines. I understand the determining factors and I can help you understand what you can expect from the court. Child support is calculated by a computer program which I have extensive experience running. The most important inputs into that program are the incomes of the parties and amount of time the children are with each parent. Support can always be modified and if you or your ex spouse has had a change of circumstances it should be reevaluated. Further, if you feel your ex spouse is under employed there are remedies.

Spousal Support

With your marriage coming to an end, your financial situation is inevitably going to change. There are two type of spousal support: temporary and permanent. The temporary order is made early in the case and is usually run by the same program child support is run on. The permanent order is not usually permanent and should more appropriately be coined long term spousal support. In determining permanent spousal support the court has to consider a myriad of factors which are set forth in Family Code section 4320.

The court continues to have jurisdiction of spousal support and it can always be modified. It can be modified based on a change of circumstance which could even be passage of time. Spousal support will be terminated upon remarriage of the supported spouse.

Paternity Actions

A paternity action can be brought when the parties are not married but have a child or children together. The proving of paternity is not a difficult process and this office can assist you in getting the action started. Similar to dissolution of marriage a complaint has to be filed and the same time frames for the other side to respond. In these actions the issues of child custody and visitation are typically considered.

Domestic Partnerships

This office has experience in dissolving same sex relationships. While the process is similar there are important differences. Because the Federal Government does not acknowledge gay marriage the tax consequences of property division and spousal support are treated differently and need to be handled with particular expertise.

Annulment

In some cases it is possible to have your marriage annulled. If that can be accomplished it is as if the marriage did not exist. The grounds for annulment are typically bigamy, one party lacked the ability to consent, or fraud in the inducement.

Satisfied Client Stories

I came to Rob with a mess.  I had received poor advise and had stipulated to a domestic violence finding against me.  Largely as a result I have professionally supervised visits with my daughter and my wife got sole legal custody.  Rob took the approach of getting rehabilitating my reputation with the court and we continued to fight and I now have joint legal and I have my children over 50% of the time.  Rob was a fighter and was more than fair with me as to his fees.
by Scott
I am a high wage earner with two children with my ex spouse.  My ex was somewhat mentally unstable and I was awarded sole custody.  Rob was aggressive in getting me this.  We then had a long and complicated trial regarding the duration of our marriage. This was due to the fact  had a long period of separation during the marriage.  We prevailed and this saved me a huge amount of money as I did not have to pay long term spousal support.  My ex also received less than ½ of the retirement assets that she had asked for.
by Phil
Rob came highly recommended from one of the top Los Angeles firms.  He successfully litigated restraining orders and I was awarded possession of our prize asset.  Rob and his staff were wonderful to deal with.  I consider Rob a friend and I continue to refer anyone I know to him.
by Angel R.
Rob represented me for probably 8 years in a horribly contested case against my ex wife who was emotionally unstable and a  vexatious  litigant. Rob was great and we won on every issue.  I got custody and ultimately was awarded a huge attorney fee award against her regardless of the fact I was the primary wage earner.

Free Case Evaluation

Contacting the firm is free. We understand that the disputes facing you, your family or your business can seem daunting. It is our goal to put you at ease.

If you would like to speak with someone directly

Call Us Toll Free

951.686.1583

Request a Call Back