Frequently Asked Questions
Answers To Your California Divorce and Family Law Questions
With more than 15 years of experience, Attorney Pedram Mansouri has handled all kinds of divorce and family law cases in Beverly Hills. He provides each client with specialized experience when it matters most. To help you better understand our firm and your case, Pedram has taken the time to answer the below questions.
In order to help you navigate sensitive family matters, you need a skilled and compassionate attorney on your side. Call our Beverly Hills divorce attorney at (310) 878-4077 to learn how Mansouri Law Offices can help you.
What are the main issues addressed in a divorce?
There are many matters to be considered in a divorce. You and your spouse must come to an agreement regarding issues including spousal support, child support, child custody and visitation, property division, and more. Protective orders may need to be set in place if domestic violence or child abuse took place during your marriage.
Can I refuse visitation between my ex and my child after my ex stops paying child support?
No. Even if your ex stops paying child support, you do not have the right to disregard any existing visitation or custody orders. Denying access to your child is parental alienation, which can result in serious consequences. If your spouse stops paying child support, you need an experienced attorney who can help your fight for your child support agreement to be upheld.
Can I file for divorce in California if I no longer live there?
You can only file for divorce in California if either you or your spouse are residents of the state. Either you or your spouse must live in California for at least six months and the county in which you are filing for three months before you may file for divorce.
How can I ensure that my prenuptial agreement with my partner is valid?
There are various guidelines that must be followed in order to ensure your California prenuptial agreement is valid. Both parties must voluntarily sign the prenuptial agreement. One party may not influence the other in any way, including forcing, threatening, or misinforming them. Your prenuptial agreement must not favor one party over the other to the point that it is completely unfair. Any agreements that violate the law will be considered invalid.
Can I modify my child support or spousal support order?
Yes. The California courts understand that changes may take place that will directly affect existing child support or spousal support orders. You may have grounds for modifying existing orders if you or your ex have undergone significant life changes, including a substantial drop or increase in income, a new job, a new marriage, or new children. There are other factors that may affect your existing agreements. Discuss your case with our skilled attorney to see how we can help you.
Do I have to go to court if I am filing for divorce?
No. It is possible to complete a divorce without going to court. If you and your spouse believe that you can come to an agreement on all divorce matters, you can choose to participate in mediation. In mediation, a neutral third-party mediator helps both you and your spouse come to an agreement on each matter discussed. Another option you may want to explore is collaborative law. Collaborative law is similar to mediation, but with this method, each party is represented by a lawyer.
How long will my divorce take to finalize?
In California, there is a waiting period before a divorce can be finalized. Once you have filed for divorce and your spouse has been served with divorce papers, the six-month waiting period begins. This six-month waiting period is in place to ensure that couples have an ample amount of time to consider their divorce and be sure that a divorce is truly what they want. Once the waiting period is up and you have both finalized your agreements, a judge will decree your divorce.
Can I move away with my child after my divorce?
In a divorce, a custody agreement must be reached. If you can prove to a judge that relocating your child is in your child’s best interests, you just might be able to win full custody and move away with your child. A judge comes to a decision regarding custody and relocation cases by making your child’s overall well-being a top priority. They will consider factors, including your child’s relationship with your ex, the reason for the move, the distance of the move, the potential consequences of moving your child, and the plan you have to meet your child’s needs once you move.
