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Like so many legal answers, the answer to this question is “it depends.”  At the commencement of divorce and legal separation cases, Automatic Temporary Restraining Orders (ATROs) are issued and effective against both parties (see Summons form FL-110).  One of those ATROs prohibits parties from “transferring, encumbering, hypothecating, concealing, or in any way disposing of, […]

In divorce, legal separation, and domestic partnership dissolution actions, parties are required to disclose the existence of all assets, regardless of whether each is characterized as community property (i.e. jointly owned), separate property, or a hybrid of both community and separate property.  Each party owes the other a fiduciary duty of good faith and fair […]

Too often, individuals are so focused on initiating or responding to a family law lawsuit that they overlook an easy way to obtain an early tactical advantage.  Many do not understand that family law judges are empowered with vast discretion on various issues.  This means that although each judge is called upon to apply the […]

For many people considering divorce or dealing with a current divorce case, one of the first questions for their lawyer is: Am I entitled to spousal support? And, as with many questions clients have for their family law attorney, the answer is: It depends. How to Get Alimony/Spousal Support If you are entitled to spousal […]

In Sacramento County, and in many other counties in California, a Family Court Services (FCS) mediation is required when disputes regarding the issues of child custody or visitation arise in a family matter. An FCS mediation is required whether a party is requesting that a court make child custody or visitation orders for the first […]

In Placer County, the parties are still required to go to Child Custody Recommending Counseling (CCRC) and may wind up going to CCRC several times if agreements are not reached. In general the parties are referred to Tier I mediation which is non-recommending. If the parties are able to reach some agreements, the Child Custody Recommending […]