Questions & Answers
South Bay Divorce Attorneys Respond to Common Family Law Questions
Are you facing a
divorce or family law dispute in the state of California? We can help. With more
than 60 years of combined experience, the proven team at Patricia Barberis,
A Law Corporation has a wide range of practical and invaluable knowledge
helping men and women navigate the complexities of the California legal system.
Founded in 1977, our firm is dedicated to communicating with clients and
identifying their unique needs in order to best help them reach their
goals and the resolution they deserve. Below you can read answers to some
of the questions our
Torrance divorce attorneys commonly receive - or
call our firm today if you would like to learn more about how we are prepared to help
you reach a satisfactory outcome to your California divorce or family law case.
What paperwork is involved in filing for a divorce?
In order to file for a
divorce in the state of California, you will need to fill out a summons (FL-110),
petition (FL-100), and a certificate of counsel. If you and your spouse
have children, you will also need to file a declaration under uniform
child custody jurisdiction and enforcement (FL-105). You may also choose
to or need to fill out an income and expense declaration (FL-150), schedule
of assets and debts (FL-142), and property declaration - separate and
What is the benefit of choosing mediation to resolve conflicts over my
Avoiding the litigation process by seeking a resolution through mediation
is a good choice for many couples because this method allows them to maintain
maximum control over the results rather than allow a judge to make an
arbitrary decision on their behalf. Both sides are allowed to fully discuss
and consider the various options available to them before committing to
a resolution. In addition, the mediation process allows couples to save
the extensive time and money usually involved in a court trial. Learn
more about the benefits of
I served my spouse with divorce papers and there has been no response. What now?
If it has been 30 days or more since you served the summons and petition
and there has still been no written response, you can pursue a default
judgment (FL-180). You may also be able to obtain a stipulated judgment
or marital settlement agreement. Call our Torrance divorce lawyers to
A default judgment was obtained against me but I never received divorce
papers. What should I do?
If you never received a summons / petition for dissolution, you do have
legal options in place to protect your interests. You can file a motion
to set aside the default judgment. Get legal help from an experienced
divorce lawyer at our firm to learn more about this process.
What should I do if my child's other parent has visitation rights but
I believe their home is unsafe?
If your child's safety or health is in danger due to drug or alcohol
abuse or another unsafe situation in the other parent's home, it is
important to take actions right away to protect your child. You can request
immediate temporary orders by filing an emergency or "ex parte"
order to show cause (FL-300). Call our South Bay
child custody lawyers for help.
Is it possible to change current child support or spousal support orders?
Yes. California uses a complex formula to calculate the amount and frequency of
child support payments that will be required in each individual case. This formula takes
into account a number of factors, including the income of both parents
and how much time the child spends with them. On the other hand, spousal
support is calculated on a case-by-case basis. There is no specific mathematical
formula, but rather the court will examine 14 different considerations
established by the state legislature. In some instances,
alimony payments are temporary, while in others they may be permanent. It is possible
to change court decrees if your circumstances require it. Speak to a lawyer
at our firm if you have questions about modifying existing orders.
How can I protect myself and my children in a domestic violence situation?
If you are the victim of abuse, it is important that you take immediate
action. You can request a restraining order to ensure that your spouse
or partner faces serious consequences if they come within a certain distance
of your family or your home. Restraining orders can also include other
requirements that a judge may approve. For example, the orders could require
your spouse to pay child support, attend anger-management classes, refrain
from owning a gun, and more. If you and your children are in danger due to
domestic violence, please don't hesitate to get help. Act now by calling our South Bay
law firm to find out how you can take steps to get your family out of
harm's way. Our caring and compassionate legal staff is here to ensure
that you receive the legal shelter you and your children deserve.