Latest News and Notes from Holstrom, Block and Parke, APLC

What is domestic violence?

In California, you can file for domestic violence restraining orders. If you've been a victim of domestic violence, whether it'd be physical violence, emotional violence, mental abuse, even harassment and stalking are basis for filing for domestic violence restraining...

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How to file for divorce in California?

California is no-fault divorce, so you don't have to prove a reason for divorce. There are certain requirements for filing for divorce in California. You have to lived in the State for six months and in the county that you're filing in for three months. There are ways...

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What happens after I’ve filed for divorce?

Once you file for a divorce, you file the petition in the summons. it's served on the other side, the other party. They have a 30 day period to respond to the action. If they respond in the 30 day period, that starts the process of the divorce moving forward. If they...

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How long does a divorce take with children?

A divorce with children doesn't necessarily lengthen the time the divorce takes because it is the primary issue for both parents. Everybody wants to make sure that it's done right. It's not as if one parent is right, one parent is wrong. Each parent has his or her...

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Does it matter who files for divorce first?

In California, it really doesn't matter who files first, it's because we're a no-fault state. You don't get any advantage, as the petitioner you don't get any disadvantages the respondent. Again, it's no fault, so it does not matter who files first. When you think...

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How is child support determined?

In the state of California, child support is determined by a statutory formula. It's pretty convoluted and so the courts all use computer programs that are designed to utilize that formula and get the correct numbers. The numbers that the court uses in these programs...

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How long does a divorce take?

There are three questions that I either get or I answer, whether they ask or not, for clients. People come and hear misconceptions like, "Your divorce is going to be over in six months." Now, there's a kernel of truth to that. The kernel of truth is the soonest you...

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How long do prenups last?

Prenups last, usually by their terms, for the entire length of the marriage. Prenups, however, sometimes include provisions that expire. The most common one might be, ''We agreed that there's going to be no spousal support unless we’re married for at least 10 years.''...

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