How to get a prenup
Prenuptial agreements are an increasingly common way for couples to protect their personal assets. Our comprehensive guide to getting a prenup can help you with the process from start to finish.
Where to go You can call the police on off hours to file for a TRO and they have to get you on the phone/video conference with a municipal judge on duty, but during regular business hours you should go directly to the Superior Court to be heard by a hearing officer. If you go to file a TRO and you are denied, that is sealed and the other party will not know you attempted to file unless you tell them, so it is safe to attempt to file.. Filling out the form You will be asked to fill out forms for the TRO and you should make certain that you fill them out completely, even if you need more paper. Include everything in the entire history because that will become available evidence in your final restraining order hearing (FRO). You may not be able to enter into evidence what you haven't written down. What about the kids? Once the TRO is granted, the party you are filing against is barred from contacting you. If you have children, a judge will usually either decide to hold visitation pending the FRO hearing or grant some other temporary relief. If they hold visitation and the FRO hearing takes awhile to get heard, the other side can request an amendment to address parenting time which may be heard. What if they don't follow the temporary order? Your TRO stays in place until the FRO hearing, and if the person violates it you can call the police and have them charged with contempt which is a criminal charge. Hiring an attorney for the final restraining order hearing You should seek counsel immediately after the TRO is issued if you intend to hire someone, because the turn around time is short and an attorney will need to get records and have time to prepare you. If you cannot get counsel that quickly, the court will usually grant you one postponement to get counsel but it will be brief.
Intelligence Litigants love the "bull dog" attorney. But you'll be conducting this fight in a court of law, not a boxing ring. Litigating your case in an aggressive non-stop assault-mode isn't always the best approach; in fact, for practically every case it's the simply the wrong approach. If you want to win your lawsuit, you need to exploit every opportunity to gain an advantage. This means being flexible and choosing the right way to respond to every issue. Sometimes an issue requires a hammer; sometimes not. You need to know, or have an attorney that knows, which approach to use in every situation to gain maximum advantage. Cunning Complex and difficult legal problems require creative solutions. The fact is that it's easy to win a case when the facts and the law are clearly on your side. But, what do you do when they aren't on your side, or the facts or law isn't that clear? This is when a good attorney has an opportunity to turn a losing case into a winning case -- a difficult task that requires exceptional creativity. If you find yourself in this situation without counsel, you need to think outside the box and think of effective ways to combat the weak points in your case. Strategy If you or an attorney only thinks about a case the day before court, you'll lose the case. You have to know where you're going so that you can plan how to get there. You must have a strategy to build and strengthen your case, otherwise you're leaving your life up to the whims of the justice system. Dedication You have to be dedicated to your case, or have an attorney that's dedicated to your case. And, you can't stop being dedicated to your case at any point while the case is pending in court. You must think about your case day by day; you should be asking yourself, what did I do TODAY to strengthen my case, and you do that everyday. In this way you build a winning case. Let me put it this way, a football team doesn't get to the Superbowl by showing up and winning one game; they play and win, and play and win, again and again, and earn playing in the Superbowl. If you want to win your case at trial, you need to play and win all the smaller battles every day along the way.
What You Post Has Effects Pictures of fancy dinner dates, elegant vacations, and flawless family photos can display a perfect life and happy family to the rest of the world. However, posts like these often only show highlight reels and not the signs of a turbulent courtship. The digital trail of memories can exacerbate the distress often caused by divorce. When emotions run high, some ex-spouses may use those same outlets to make posts that may hurt them later on. Because of this, people should be cautious about what they put online as anything they post could be used against them in divorce proceedings. Using Social Media During a Divorce Ex-spouses may want to avoid these online behaviors: - Badmouthing their ex-spouse: Partners may have harsh feelings towards their ex. However, Facebook and Twitter are not always the best places to rant. Doing so could alienate mutual followers while putting private details on a public platform. If one needs to vent, they may want to talk to a trusted friend, family member or therapist instead. - Posting pictures of partying or drinking: Uploading images with alcoholic beverages in hand can be damaging to either partner, even if they don’t have a drinking problem. It can be especially problematic if they are in a custody battle, as such photos could be used as proof that they’re irresponsible caretakers. - Posting about their dating life: Some people quickly find a new love interest while still going through a divorce. However, posting photos with a new significant other may increase feelings of resentment with their former spouse, which can make reaching a settlement in all areas of the separation more difficult. - Posting things that involve their minor children: children should be kept away from social media, especially when their parents are going through a divorce. This may not be a sign of good parenting. Couples Should be Cautious About What They Post By monitoring their online behavior, couples can speed up their divorce settlements and focus on moving forward. For those in Southern California with questions regarding social media usage and divorce may want to contact a family law attorney. They can help answer their questions and help them understand the legal consequences of what they put online.
A High Recognition As this recognition puts the firm above the rest, it’s important to understand what Maya Shulman does differently. Beyond being a hard-working lawyer, Maya and her team have over 20 years of experience and are experts in Family Law. All in all, it comes down to being dedicated to her clients, having 100% honesty, and knowing the ever-changing rules of Family Law. Shulman Team Focus Shulman’s team focus on several factors in providing the best service to her clients. They deliver transparency, giving clients updates on their cases and being clear of the expectations and deliverables that come forward. Never shying away from a challenge, Maya works hard to execute the necessary measures to make sure her clients get what they need and what they deserve. Practicing Transparency And transparency goes beyond updates and expectations; Maya and her team are also clear about what is possible, given the case and the laws. If a case is presenting a great amount of constraints, Maya will be explicit in explaining those constraints and the hurdles that her team, and the client, will need to work through to provide the best possible outcome for the client. Always Learning Finally, the Shulman firm never stops learning. With the everchanging laws, Maya and her team always keep up to date on current law news and updates. This is just one of the examples why her legal abilities are outstanding and constantly recognized. Contact Shulman Family Law Group If you’re looking for a Family Law attorney who can help you out in your divorce, adoption, surrogacy, or any other family law case, look no further. Call the Shulman Family Law Group at (818) 222-0010 or schedule a consultation online at shulmanfamilylawgroup.us today.
The Importance of Co-Parenting When I’m handling a divorce for a client with children under the age of 18 I often find myself telling him or her, more than once, that their interactions with their future ex won’t end once the divorce is final; as much as they might hope for that. Unless their future ex is someone who will never, by their own choice, have any contact with his or her children again after the divorce is final, a very rare and usually undesirable occurrence, then they will have to learn to get along, at least enough to co-parent their children effectively. Everything else involved in dividing up the marital estate is just stuff, fleeting artifacts I remind them, that pales in comparison to the most important product of their marriage, their children. After divorce children have an understandable desire and expectation that their parents will be able to do far more parenting together than merely being able to tolerate standing in the same room together. Children hope with all their hearts, whether they can or do actually verbalize it, that their Mom and Dad will be able to actually co-parent them; talk about their problems and concerns together and actually be their parents and not merely distant individuals whose only interactions concern pick up and drop off logistics. What children fear most in divorce, apart from the inevitable periodic separation from one parent, is that that separation will be forever and that Mom and Dad now hate each other and that the family they were once comfortable with is now changed forever, and not for the better. Of course, there are situations where the acrimony between spouses is so great and sometimes violent that divorce and permanent bad feelings are inevitable, but, based upon what I have seen in my practice, that is usually not the case. In my experience, both spouses are usually good parents that just cannot be married any longer. The reason or reasons are, where their children are concerned, unimportant. There is no denying that the transition from a married couple to two people attempting to co-parent their children is difficult. If there weren’t already bad feelings between the spouses they wouldn’t be divorcing, but note that difficult is not even in the same universe as impossible. As hard as it may be, divorcing spouses must separate their divorce and the inevitable conflicts and compromises along the way from raising their children together. What is imperative, is that they must, for the sake of their children, be able to work together going forward, to raise their children together and be able to rationally discuss the many issues, (school, medical, religious, etc.) that will arise during the years before their children are emancipated. I recommend to my clients that they participate in co-parenting classes in order to learn how to master what is, without a doubt, a tough, but necessary skill. Parents need to come to grips with the reality that just because they cannot be married does not mean that they can’t still be effective parents. It’s not easy. It takes work, compromise and the willingness to put one’s hurt feelings, anger, and resentment away in the interest of doing right by your children. Protect Your Children's Emotional Health Remember, Mom and Dad, you wouldn’t hesitate to run into a burning building or leap into a raging river to save your children, well, in a very real sense, they need your saving now. Don’t let them down.
Get The Support You Need Do Not Try to Go It Alone No matter why it is needed or who initiates it, a divorce is traumatic for almost everyone. Sometimes it is a fairly simple uncontested agreement to go your own ways. Much more often there is sorrow, disappointment, stress, fear, and anger. All can be overwhelming emotions. You likely have concerns about your children, money, your home, and the future. You need someone to trust to help guide you through the process, protect you and protect your children. You need someone to make sure you leave the marriage with peace of mind, a strategy for going forward and well-founded hope for the future. If you are getting divorced, you need an experienced divorce attorney. Please do not try to go it alone. The law is much more complicated than it seems, the stakes in divorce are high and making a mistake can have incredible effects on your life, children, and finances. The risk is just not worth it! Ask friends and family which attorney they worked with and about their experience with that person. Amicable Divorce Some couples are able to settle their divorce case without ever having to go to trial but really need a ‘buffer’ between the parties. Your lawyer should be that buffer. There is some paperwork to be done and a court appearance that an attorney will make easier. Contentious Divorce Other couples face contentious disagreements.You may face difficult issues such as: Alimony, Issues posed by US Immigration if one of you is a non-citizen, Insurance for you and your child, Dividing or Selling Marital Assets, Abuse Protection, Child Custody, DCF issues - especially if there is an abuse or neglect allegation, Child Education (including college) or healthcare planning issues, Child Support, Child Visitation (Parenting Time), Developing Cooperative Parenting Plans, Parent and/or Child Relocation, or Request or work with a Guardian ad Litem (GAL) when appropriate. A good divorce attorney needs to advocate for YOU and, sometimes they have to work with you to develop realistic expectations that the court will approve. A great divorce attorney will help you be able to see issues from your spouse’s perspective and, help them or their attorney see your views as you reach for a compromise that will work for everyone.
“I had a child custody issue. The lawyer gave great advice and helped me think through my situation more rationally from all angles. He was a great help!”
— Family law client, March 2016
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