Contested divorce and dissolution
The firm represents spouses and registered domestic partners in dissolution, legal separation, and nullity proceedings, from the petition and response through disclosures, discovery, settlement negotiations, mediation, and trial. California has a six-month minimum waiting period from service of the petition before a dissolution can become final, and temporary orders can be requested while the case is pending.
Property division, businesses, and real estate
California presumes that property acquired during marriage is community property, divided equally unless the parties agree otherwise. Contested cases often turn on characterization (community or separate), valuation, and tracing. Alex's business litigation and contract background is directly relevant when the marital estate includes:
- A business or professional practice: whether it is community or separate property, apportioning growth in a separate-property business during marriage, valuation and goodwill, and how business income is measured for support
- Real estate: the family residence, rental and investment properties, and community contributions to separately owned property
- Retirement accounts, stock options, and other financial assets
- Reimbursement claims and breaches of fiduciary duty between spouses
Spousal and child support
Child support is generally calculated under California's statewide guideline formula, based on each parent's income and parenting time. Temporary spousal support is often set using a guideline calculation; long-term spousal support depends on the factors in Family Code section 4320. When a party is self-employed or owns a business, determining available income can be a central issue.
Custody and visitation
Courts decide legal and physical custody and parenting schedules based on the best interest of the child. In Orange County, parents with custody disputes generally attend Child Custody Recommending Counseling before a hearing. The firm helps clients prepare parenting plans, respond to requests for orders, and address move-away requests.
Prenuptial and postnuptial agreements
Marital agreements are contracts, and they are drafted with the same attention to enforceability as any business agreement. California's Uniform Premarital Agreement Act sets requirements, including a seven-day period between presentation of the final agreement and signing, and independent counsel for any limitation on spousal support. Postnuptial agreements are subject to the fiduciary duties spouses owe each other. See contract drafting and review.
Domestic violence restraining orders
The firm represents both petitioners and respondents in domestic violence restraining order proceedings under the Domestic Violence Prevention Act. Temporary orders can be issued quickly, and a hearing is generally set within a few weeks. A restraining order can affect custody, firearms, and housing, so preparation for the hearing matters.
Post-judgment modifications and enforcement
- Requests to modify custody, visitation, or support based on changed circumstances
- Enforcement of support orders, including wage assignments and judgments for arrears
- Enforcement or set-aside of property provisions in a judgment, and division of omitted assets
Common questions
How is a family business divided in a California divorce?
It depends on whether the business is community property, separate property, or a mix. If a separate-property business grew during the marriage, California courts use apportionment methods to determine any community share. The business is then valued, and the community interest is divided, often by awarding the business to one spouse with an offsetting payment or other assets to the other.
Is a prenuptial agreement enforceable in California?
A premarital agreement is generally enforceable if it is in writing, signed by both parties, and entered into voluntarily. California law presumes an agreement was not voluntary unless certain requirements are met, such as advice of independent counsel or a written waiver, and at least seven days between presentation of the final agreement and signing. Provisions limiting spousal support have additional requirements.
General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.