Moore Family Law Group

We definitely do business in Riverside CA and all of the surrounding neighborhoods such as La Sierra, La Sierra South, Arlington and Arlington South.

Community property means that assets and debts acquired during the marriage are shared equally by the parties. All things acquired during marriage- even if you didn’t want to acquire it or did not know about it- are community property. The only general exceptions to this rule are if you receive something through an inheritance or gift.

It depends. On most occasions the court will allow the opportunity for one party to “buy-out” the other party. What this means is that if there is equity in the house that needs to be split, rather than selling the home and the parties each being paid half. One party chooses to remain in the home and pays the other person their half.

1. TEMPORARY SUPPORT – The term “temporary support” refers to any spousal support awarded while the divorce is pending. PERMANENT SPOUSAL SUPPORT – Permanent spousal support is the support that is contained in the final judgement.

Temporary support can be calculated using a software program approved by the state legislature. You input numbers for income and deductions and it spits out a number.

While it is mandatory that there is a six-month waiting period before a judgment may be entered, it does not necessarily mean that divorce is finalized within six months. A simple uncontested divorce may take six months but a contested divorce may take years. On average, divorce proceedings take 12-18 months.

Yes. A premarital agreement can provide for waivers of, or rights in, each of the spouse’s separate property interests, specific gifts upon death of spouse either to the other spouse, children, children of a previous marriage, or any other third party. In addition, premarital agreements can include provisions for life insurance for either or both of the parties upon the death of the other.

Yes. A premarital agreement can be invalid, or portions of it can be unenforceable if any of the requirements for making the agreement are not met. Premarital agreements can also be unenforceable or invalid where it can be shown that the agreement was entered into by a party under duress or coercion, or where it is shown that the terms of the agreement are unconscionable.

Yes, provided that both parties agree to change the terms. You can always modify, terminate, or renegotiate an agreement between two parties. However, this is not the case if only one of the parties wishes to make changes.

You can keep your separate property safe by taking precautions early. First, put a prenuptial agreement in place. During marriage, avoid co-mingling your separate property with community property by keeping separate accounts and not paying down encumbrances on separate property with community property funds. In California, it is somewhat difficult to change the character of a separate property asset into community property. The law allows for tracing and reimbursement, but you should be fully informed of the types of actions that can alter the character of property.

Yes. One of the items that can be included is the type of support that will be paid if the marriage ends and how much will be paid. It can even include a complete waiver of spousal support. However, this particular issue can still be unenforceable if it is considered unconscionable by the court at the time of enforcement.

Not typically. While there are some circumstances that require complex attorney time, experienced premarital agreements attorneys can handle premarital agreements rather routinely and inexpensively.

No, not everyone needs a premarital agreement. However, a little planning can go a long way in any marriage. Negotiating a premarital agreement forces a couple to look at their current financial circumstances and evaluate the “what ifs” that might arise in a marriage and can be particularly useful in defining how assets will be managed during the marriage.

A premarital agreement is a contract entered into by two people in anticipation of marriage which specifies how property, debts and other issues will be dealt with in the event of a divorce and how property is managed during marriage

While it is mandatory that there is a six-month waiting period before a judgment may be entered, it does not necessarily mean that divorce is finalized within six months. A simple uncontested divorce may take six months but a contested divorce may take years. On average, divorce proceedings in California take 12-18 months.

They are meant to protect the parties by preventing them from doing anything against the other out of spite or anger.

Mediation is not a substitute for the services of a qualified attorney. Both parties are encouraged to obtain independent legal advice during the mediation process, and to have their lawyer review the agreement before it is signed. Even when the mediator is a lawyer, they can't give either party legal advice.

The length of the mediation is determined by the complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement. Every case is different, but the average case usually takes at least three to four two-hour mediation sessions, spread out over at least a month or two.

Mediation is available in most non-criminal matters. However, some non-violent criminal cases, like those involving verbal harassment, often result in a successful resolution during mediation. Claims that do not involve a legal issue are also good candidates for mediation.

Instead of fighting with each other about every issue in the court system, which is time consuming and very costly, in Divorce Mediation, a specially trained mediator will help you and your spouse work together to reach an agreement. Mediators help couples separate their spousal role, which is ending, from their parental role, which is continuing. Couples learn to evaluate their present financial condition and provide for their future financial needs. With the mediators help, agreements can be reached to handle both immediate and long range concerns.

In cases where the noncustodial parent owes a child support debt to more than one state, each state will submit their case for offset

The cost of a divorce is determined by how complex the case is and whether or not the issues in the cases are contested. An uncontested divorce is naturally going to cost less than a contested divorce. In other words, the more adversarial the divorce the more expensive the divorce will be in the long run. In addition to attorney fees, you will also have the expense of court filing fees and other expenses incurred during the divorce. If your state laws require you to choose a Divorce Mediator you and your spouse will be responsible for those costs. If there are large assets to split, a business to be valuable or property to be appraised you may need to assistance of a Divorce Financial Analyst. This is another expense you and your spouse will be responsible for. Contact Moore Family Law Group for more information.

In a legal separation, you remain married. In a divorce, the marriage is dissolved and any legal ties between the parties are broken by law. There are many reasons to choose a legal separation over a divorce. For example, a legal separation allows you to remain on a spouse's health insurance plan. It also allows you to run out the clock on the 10-year requirement for being able to draw on a spouse's social security benefits. Look into the benefits to you as a couple before following through with a divorce.

Generally speaking, you can change lawyers during a divorce, so long as your prior attorney is being replaced with a new divorce lawyer. (Note that the rules are sometimes different if you intend to represent yourself “pro se“. Some judges will not permit a lawyer to withdraw so a party can proceed pro se if a trial date is looming.) There can be several drawbacks to changing lawyers. First, the problems you perceive with your case may not be your lawyer's fault. Adverse orders, in particular, often fall outside a lawyer's control, where not every argument convinces a judge. A more fundamental issue is the loss of “institutional knowledge” in your case when you change attorneys. No matter how carefully your new lawyer examines your case file, there is no substitutes for prior attorney's memory and experiences. Some degree of information or knowledge is always lost when you change attorneys. Finally, hiring a new attorney generally means you must pay your prior counsel...

The State of California imposes a 6-month jurisdictional time period in all divorce cases. This means that you cannot officially be divorced at any point sooner than 6 months from the service of the Petition for Dissolution on the Respondent. However, many cases will settle prior to the six-month period. If your divorce case comes to resolution prior to the 6-month period, you can have a judgment for divorce entered that states a marital termination date at some point in the future. All of the terms of your settlement, including property division, debt division, child support, spousal support, child custody and visitation etc. will go into effect upon the execution of the agreement. Your marital status will not change to “single” until the date specified in the judgment.

The first step to obtaining a divorce in California is to file a Petition for Dissolution. Once the Petition is filed, it must be personally served on the opposing spouse or “Respondent” (unless the opposing spouse agrees to accept service by mail and acknowledges receipt of the Petition). The Respondent then has 30 days during which to file a Response. If your spouse, as the Respondent, fails to meet this deadline, you can request that the court enter a default against your spouse. Many divorces are very simple and can be done relatively quickly—often without the assistance of a divorce lawyer. However, if there is significant property involved, children of the marriage or one spouse makes a significantly greater level of income than the other spouse, it is always wise to at least consult with an experienced divorce lawyer before proceeding on your own.

When going through a divorce, property division is one matter to be resolved. This is done by determining the property that is separate and what is community property. Community property includes all earnings, things and debts acquired during the marriage plus more. Once this determination is made, community property will be divided equally between the spouses. Separate property remains in the possession of the owner.

Before you get married, it is beneficial for you and your spouse to create a premarital agreement. This allows you to lay down the terms if you were to ever get a divorce or if one spouse was to pass away. This also allows you to keep your property separate and you can provide for children outside of the marriage. A prenuptial agreement also allows protection from any debts that the other party has going into the marriage. Without a prenup, most property will be considered community property and the divorce process can be much harder. You can have peace of mind that there are provisions set if something ever went wrong with your marriage. If you have other questions regarding prenuptial agreements in California, do not hesitate to ask us. Our goal is to protect you and a prenup is one way to make sure your rights are protected.

Even if you lose your job, you do need to continue paying your support orders. There is the opportunity for you to pursue a modification to the order; however, if you suffer this type of financial hardship. This has to be done through the court and you should not stop paying until the court approves your modification. Can the custodial parent move to another state? If the custodial parent is looking to move out of state, the court has to make a decision on the matter. The decision will depend on the best interest of the child. If the court sees that it is in the child's interest to stay in California and continue visitation with the non-custodial parent, moving may be out of the question. If you are the non-custodial parent in a situation like this, be proactive and make it clear to the court that you want to continue visitation with your child.

When the court is making a decision regarding the custody of children, they take into account several factors that are seen to determine the best interest of the child. For help reaching the results that you need and want in your custody battle, you need an experienced legal advocate by your side.

In a legal separation, spouses remain married, as opposed to a divorce which returns your single status, legally speaking. Much of the process for both is the same. In some states, a separation is a required precursor to getting a divorce, but in California it is not a mandatory step. You may wish to obtain a separation if you are waiting for the ten year deadline for certain Social Security benefits or military pension.

Anyone wishing to divorce needs to have been a resident of California for at least six months before filing or their spouse needs to have lived in the state for this amount of time. You need to also live in the same county as where you file the divorce petition at least three months before filing.

A marriage can be dissolved if the court finds irreconcilable differences exist between the spouses. Essentially, a divorce can be granted by any married person that wants to end the marriage even if the other spouse wishes to remain married.

-Offer ideas to solve the problem -Explain what the law is -Make predictions on what would occur if the issue was brought to court and litigated -Help parties think outside the box for creative solutions -Find out what each party really wants and what matters most and help craft solutions to get to the “heart” of each parties’ true desires. -Keep the peace between the parties -Answer legal questions that either party may have

-Advise either party on what they should agree to or not agree to -Advocate for either party unequally -Sign the agreement -Take sides

More and more we are seeing frivolous requests for domestic violence restraining orders (DVRO) filed in court. The reason being is that if granted it provides the protected person with a significant advantage in court as far as child custody orders, support orders and property control orders. It goes without saying that if you feel you are angry at your spouse or partner you must leave the situation before it escalates to the point of domestic violence. However, on the other hand One must be vigilant about protecting themselves against false allegations so that they are not unfairly disadvantaged in other areas such as child custody. Speak with a lawyer immediately if you have concerns regarding domestic violence.

Yes, the court does not have any jurisdiction over shared property if the parties were not married. This comes up on numerous occasions where perhaps a couple has purchased a home together, but they were not married. Then they break-up. The court cannot address the issue of the house because the parties were not married. If the parties were married, then the court requires each party to disclose all the assets and debts of the marriage. Then absent an agreement by the parties on how to divide everything, the court handles the division through a trial.

TEMPORARY SUPPORT – The term “temporary support” refers to any spousal support awarded while the divorce is pending. This means in between the time someone first files for divorce and when the divorce is finalized. PERMANENT SPOUSAL SUPPORT – Permanent spousal support is the support that is contained in the final judgement. Permanent support can last for any amount of time. The word permanent does not refer to duration only finality in the fact that it’s what is written in your final judgement. Therefore, you can have “permanent spousal support” that lasts for one month, or “permanent spousal support that lasts until death or remarriage of the supported party and everything in between.

Hi, yes we do. We offer free case evaluation as well. All of our specifics can be found here https://www.moorefamilylawgroup.com/contact-us/.

Hi, our office is located at 4160 Temescal Canyon Rd #302, Corona, CA.

Yes, we are proud to offer you our mediator services in Corona, CA. Learn more about Private vs. “Public” mediation with Moore Family Law Group.

Yes, we are proud to offer you our child support lawyer services.

Yes, we are proud to offer you our divorce attorney services.

Yes, we are proud to offer you our family law lawyer services in Corona, CA.