Orange County Divorce Lawyer Blog

Neve Campbell and her husband John Light finalized their California divorce earlier this month, according to celebrity-watching website Contactmusic.com.

The fact that the couple chose Los Angeles County as the venue for their split is noteworthy since neither of them is originally from the United States. Campbell is Canadian, though she has lived in Southern California for many years. Light is British, and is best known for his stage work in England. According to Contactmusic, the California divorce was finalized one day after the couple's fourth wedding anniversary and 11 months after the original California divorce petition was filed in Los Angeles Superior Court.

The marriage was Campbell's second. The couple have no children. Granted the international nature of their marriage (according to iMdb Campbell is a UK citizen via her marriage to Light) the choice of California as the venue for their divorce is interesting. The state's community property laws, combined with the high concentration of celebrity-watching journalists in and around Los Angeles, have long led celebrity couples to seek out other venues when they can. Campbell and Light's decision to go forward with their divorce here in Southern California reflects a degree of comfort with the California and US systems that many foreign couples o not necessarily share.

From the perspective of an Orange County Divorce Lawyer the real take-away here may be that splitting up in the cleanest, most efficient way possible sometimes takes precedence over venue-shopping. One of the most important things that any Orange County family law attorney offers clients is advice - particularly help in understanding the legal process and helping those assisting a California divorce in the often difficult process of prioritizing their wants and needs.

Any divorce lawyer's main job is to offer clients the experienced representation they need at every stage of what can often be a lengthy and confusing process. Consulting with an Orange County divorce attorney at an early stage of the process is a crucial first step in keeping any break-up as amicable as possible.

Contactmusic: Neve Campbell Divorces After Wedding Anniversary

A recent article in the newsletter Investing Answers offers some excellent tips on prenuptial agreements - things anyone here in Orange County or elsewhere should keep in mind as they consider whether to ask a fiancée to sign a prenup and, if so, what the document ought to say.

The central take-away from the piece is that while pre-nups can be very useful (indeed, some couples may consider one essential), there are also several popular misconceptions about the documents. The biggest one concerns what a prenuptial agreement can and cannot do.

As the article notes, "a well-drafted pre-nup can even 'override' both Community Property law... and Equitable Distribution state law." The key phrase there, of course, is "well-drafted," and it is important to understand that there are limitations. Judges are free to throw out pre-nups they deem to be grossly unfair to one party or the other either in the way the document was originally conceived or in its practical effects at the time of a divorce (for example, if a couple's circumstances have changed so radically in the years since the document was signed as to render it patently unfair). As the article further notes: "The agreement must also be signed early enough before the wedding date to avoid a later claim of coercion."

Similarly, it is important to understand that a pre-nup cannot be used to sweep away certain obligations. It can't, for example, say that one party or the other will never have to pay child support. Pre-nups also cannot pre-emptively resolve custody issues concerning children who have not yet been born (in other words, you can't say 'If we have kids and later break up this or that parent will have primary custody').

Obviously the particulars of an agreement, indeed, whether a prenuptial agreement is the right course at all, will vary for every couple. This is an area in which it is important to seek, and receive, experienced legal advice from an Orange County family law attorney. The basic decision concerning whether or not to draft a pre-nup is, itself, a significant step for any couple; one that should only be taken after careful consideration.

Investing Answers: 4 Things Everyone Should Know Before Signing a Prenuptial Agreement

I've blogged about this topic before but its worth going over again so that anyone planning to file for a Los Angeles or Orange County Divorce can be properly warned not to post incriminating evidence on their Facebook page. Family law attorneys all over the United States (not just in California), are logging onto Facebook to help their clients in a divorce action. Nowadays, Facebook is not just for college kids or teeny boppers but everyone from all walks of life now have a Facebook account... from the youngsters to the seniors.

Some attorneys report that "the wrong posts can greatly reduce alimony or lead to only one parent getting custody of children." Indeed, if someone is posting pictures of binge drinking or updating their status to state they will be abducting the kids to another town, your chances of gaining child custody will be significantly reduced. Furthermore, if you are trying to obtain California spousal support from your spouse, its not a good idea to post financial information or reveal you have a job on your profile (especially if you have been out of work for many, many years).

As another example, if you are attempting to obtain California spousal support from your spouse and your spouse is alleging that you are cohabitating with your boyfriend, do not post pictures of you and your boyfriend together that could someone lead someone to believe that you are both living together. This is a classic California cohabitation issue that could effect the recipient's receipt of spousal support.

If you are contemplating filing for divorce in Los Angeles or Orange County, consult an Orange County divorce lawyer for more information.

Source: Divorce is Ware, Facebook is Ammunition

A recent article published by Fox News.com raises an interesting question: if a mother won't name her baby's father, where does that leave the dad and his custody rights?

The peg for this discussion of California paternity and fathers' rights is actress January Jones, best known for her role on Mad Men. According to Fox, Jones recently announced that she is expecting her first child. "Unlike most celebrities, however, she refused to name the baby's father, and said through her rep that she intends to be a single mother," Fox reports.

Assuming, for the sake of argument, that Jones did not conceive using a sperm bank, where does that leave her baby's biological father? The article notes that here in California a man who believes himself to be a biological father but who is not named in the child's birth certificate "has a limited time to come forward" and demand a paternity test - two years, in most states. The article notes that something along these lines happened to Padma Lakshmi, host of the TV show Top Chef. Her attempt to be an unencumbered single mother unraveled last year when the baby's father demanded a paternity test and asserted his parental rights after the test came back positive.

If, on the other hand, a single mother refuses to disclose the father's identity and no man steps forward to assert paternity then the child can and will remain legally fatherless.

Of course, asserting California paternity, here in Orange County or elsewhere, has consequences. Parenthood is a serious financial and emotional responsibility. It also, however, includes certain rights which a mother should not be able to deny to a dad simply because she wants to go it alone. An Orange County paternity and fathers' rights attorney can help dads who believe they are being cut out of their children's lives gain the custody and visitation rights they deserve.

Fox News.com: January Jones Latest Leading Lady Not Naming Baby Daddy

Notorious B.I.G.'s widow, Faith Evans has filed for a Los Angeles County divorce from record company executive, Todd Russaw. According to the divorce petition filed in the Los Angeles Superior Court on May 17, 2011, Evans is citing irreconcilable differences. However, what is most interesting is that she cited a date of separation of December 2005. The two minor children of the marriage are 13 and 4 years old, respectively. Note that the younger child was born after the date of separation.

Does the birth of the child affect the date of separation? Since the date of birth of the younger child was not made public, we can speculate that the time of conception was prior to the date of separation. The logical conclusion would be that the parties separated after the conception of the child. Nevertheless, the date of separation would not really have an affect on any child custody or visitation orders. The date of separation primarily effects the date for division of any community property.

According to the divorce petition, Evans is requesting joint legal custody and sole physical custody.

The following is a brief summary of the duties of each parent in exercising joint legal custody:

- Enrollment or termination in a particular private or public school;
- Beginning or ending the regular practice of a religion;
- Commencement of psychiatric, psychological, or other such mental health counseling or therapy;
- Change of the child's residence;
- Passport applications;
- Enrollment in regular occurring extra curricular activities;
-Non-emergency medical/dental treatment other than routine checkups.

For more information on filing an Orange County or Los Angeles County divorce or if you have any child custody concerns, contact an Orange County divorce lawyer for more information.

Source: Faith Evans Files For Divorce

In and around Orange County, Los Angeles County and throughout Southern California herein, more people are choosing to cohabitate rather than get married. Indeed, an article here states that ". . . 47 percent of women from 25 to 29 had never been married in 2009, almost double the 26 percent reported in 1986, according to a Census Bureau report released today."

Indeed, "[a]s marriage rates have decreased and cohabitation has become more common, marriage has become more selective of adults who are better off socioeconomically and have more education," the report said.

Personally speaking, I know most people in my age group have put off marriage until their mid to late 30s. Most people would rather cohabitate to test the waters before jumping into marriage, which is probably the smart thing to do. The article also states that "[a]bout 27 percent of women from 30 to 34 reported never having been married in 2009, almost doubling the 14 percent who hadn't been married in 1986. The percentage of women older than 55 who had never married rose to 5.8 from 4.8 percent in that period."

In examining divorce rates, from an Orange County divorce perspective, it is interesting to note that the length of time for marriages have stayed constant (around seven-years). Indeed, people who divorce in their first marriage separate after a median period of seven years, the Census Bureau said.

Contact an Orange County divorce attorney should you have any questions or concerns concerning the dissolution procedures in Orange County or Los Angeles County.

Source: American Couples get more "Selective"

A good way to tell that the economy is recovering is to review the divorce rates. In 2008, the divorce rate dropped 24% in 2008 and 57% in 2009, but started inching upwards towards the end of last year.

In fact, one attorney states "[p]eople were afraid they were going to lose their jobs so they were very cautious about getting a divorce because you have to split your assets,"

According to figures provided by the Academy, the United States has the world's highest divorce rate, with 4.95 divorces for every 1,000 inhabitants. The marriage rate is 9.8 for every 1,000 people, according to the US Census Bureau.

Traditionally, in an economic downturn, less people divorce and separate. Further, people also hold off on having a child. Additionally, because the cost of a divorce can be as low as $2,500 to as high as $50,000, people often think twice about divorcing.

Further, the cost of housing also affected couples' decision to divorce. Couples also delayed their divorces because they believed housing prices would eventually rebound. One attorney stated that "it makes no economic sense to wait for the housing value to go up before they divorce... that would take years and years."

These are interesting statistics. I would say that if you are contemplating a divorce and know for sure that you do not intend to reconcile, start the divorce process immediately. It will probably be healthier and less stressful for you and your children. You will be able to move on with your life and start fresh sooner.

Contact an Orange County divorce lawyer for more information.

Source: AFP: Rising US divorce rates signals economic recovery

Here's one you don't see every day. According to a story published a few days ago in the New York Times a wealthy New York City couple are planning a lavish party to celebrate their divorce. Yes. Their divorce.

The "elegant evening of cocktails" for 100 was announced with "engraved invitations" signed "Fondly, Bonnie and Charles." The paper reports that the couple, Bonnie and Charles Bronfman, have been married three years. He is 79, she is 65. The paper quotes Bonnie saying that the couple have determined their friendship will be "stronger without being married." Charles, the billionaire former chairman of the Seagram's Corporation, describes a relationship in which two people feeling deep attraction each thought they would broaden the other's horizons. "Guess what? It didn't work," he concludes.

And the party? "We thought, why not tell our friends and thank them for helping us out?" Charles told the paper.

A friend is quoted anonymously remarking that "She must have a great prenuptial." But remarks like that mask a more telling aspect of this break-up: it is an example of how even a potentially complex, high-value divorce does not necessarily have to be contentious. One can acknowledge that the Bronfmans' comity is unusually deep while also seeing in their break-up a reminder that there is such a thing as a civilized divorce. The question, of course, is how does one keep a break-up civilized? Many couples start out wanting things to go smoothly and believing they can remain friendly only to see those hopes unravel.

From the perspective of an Orange County divorce lawyer, the important thing to emphasize is that legal counsel's job is to provide clients with the advice they need and the sort of representation they want. Events sometimes make an amicable divorce impossible even when both parties say that is what they desire. An experienced Orange County family law attorney can also, however, sometimes find unexpected areas of agreement and, in so doing, help lower the volume in a break-up spinning out of control. That is why is it important to have an attorney with whom you are comfortable - one who will tell you the uncomfortable things you may have to hear, but who will also defend your interests in whatever manner you have decided is best for you.

The New York Times: Divorce, in Style

I came across a great article from the Kansas City Star discussing tips on how you should handle your child/children in the event they refuse to visit with you.

Obviously, children of younger years are not fully aware of the situation and will go where they are directed. Older children (maybe 12 years old or older) will be able to voice their opinion and tell the parent whether they want to go or not. The article states specifically as follows:

"...as kids get older and busier, going to see the other parent is less of a treat and more of a chore, and an "interruption" to the life they've developed. This does not mean that the kids don't care about you. It does mean that they are becoming more interested in being with their friends than in being with you. This development often hits noncustodial fathers especially hard. . . "

The article goes on to state that the process of going back and forth from one house to another can be a tedious process and a constant reminder to the kids of the divorce process.

The bottom line is: do not force the children to visit with you. You might make the children angry and they will completely resist visiting you in the future.

Here are some helpful tips to make the transition smoother:

- Allow your child to bring friends for overnight visitation.

- Make sure that you do things that are in line with your children's interests.

- Be the one to take your child to his or her various events or activities such as extracurricular activities, games, concerts and movies.

- Rearrange the visitation schedule to accommodate your child's special events.

For more information on any Orange County divorce or child custody matter, contact an Orange County divorce lawyer for more information.

Source: Divorced dads: What to do when your child does not want to see you

In Nashville, Tennessee, a Judge ruled that a father, Christopher Savoie, be awarded $6.1 million from his ex-wife, who abducted the minor children to Japan and never returned to the United States. Good luck collecting the award as its highly doubtful the mother will have $6.1 million lying around to hand over to the father. The ex-wife, Noriko Esaki Savoie, apparently took the kids to Japan in 2009 and never returned. Thereafter, a Tennessee court issued a warrant for her arrest and awarded the father full custody. Despite the forgoing, said court order had no effect because Japan has not signed an international treaty governing child abduction. Such a sad situation once again.

Father has apparently traveled to Japan to get the children returned but has been unsuccesful.

From an Orange County divorce lawyer's perspective, such child custody disputes can get very ugly. Once a parent abducts the children to a foreign country, criminal consequences are now put at issue. We have seen stories like Savoie's time and time again and it seems like there is no recourse if said country does not sign an international treaty.

This is why it is important to have a Los Angeles or Orange County family law attorney assisting you throughout the duration of your divorce. Such abductions could be avoided if an aggressive child custody attorney is there to assist.

Contact an Orange County divorce lawyer for more information.

Source: $6.1 M awarded in Japan child custody battle

We often hear or read about short-lived celebrity Los Angeles and Orange County divorces. Here is one with a novel twist: according to a variety of celebrity-watching publications, Maxwell Drummy recently filed divorce papers in a Los Angeles family court seeking to end his marriage to Peaches Geldof fully two years after the couple split up. The delay is particularly eyebrow-raising since there are indications the marriage was little more than a publicity stunt from Day One. There is no word on whether the couple have a California prenuptial agreement.

The website Monsters and Critics notes that the couple wed in Las Vegas in 2008 only ten days after they met. They publicly split barely six months later. Drummy is a French rock musician. Geldof, a model, is the daughter of rock star and humanitarian aide impresario Sir Bob Geldof. Both Geldof and Drummy have long since moved on to other partners, according to Monsters and Critics, leaving some to wonder why they were making no effort to dissolve a marriage that neither showed any interest in salvaging.

The answer may be that there was never much substance to their union in the first place. Monsters and Critics noted that Drummy has recently termed the entire marriage a "publicity stunt," saying he has Geldof "on my personal payroll... she's my friend for money. She also orchestrates publicity stunts for me."

Taking Drummy, for the sake of argument, at his word it has to be said that a publicity-stunt marriage can turn into an unexpected lesson in how serious an institution marriage is. From an Orange County divorce lawyer's perspective, it is important to remind people thinking of entering into an unserious marriage that there is a reason why our society makes dissolving a marriage a lengthy and often complicated process.

This is not to say that people should remain in bad marriages. One of the most important jobs of an Orange County divorce attorney is to help people who need to end their marriage do so in a way that fairly acknowledges their financial and custody rights. It is also, however, a reminder that marriage should not be entered into lightly. Doing so is likely to lead only to complications and emotional pain at some point down the line.

Monsters & Critics: Maxwell Drummey files for divorce from Peaches Geldof

Musicrooms.net: Peaches Geldof's hubby finally files for divorce

I recall when Sara Evans was on "Dancing with the Stars" and was simultaneously going through a divorce with her then soon-to-be-ex-husband, Craig Schelske. Now, Evans and Schelske are back in the spotlight due to Schelske's recent filing of a request for shared custody of the parties' three minor children.

According to reports, Schelske filed the custody documents last Wednesday in Tennessee in order to "protect the children from the likelihood of substantial harm." The legal documents states that Schelske "has first-hand knowledge that the children are exposed to inappropriate conduct, spend little time with [Sara], and are placed in a party atmosphere with excessive drinking and drug use," while on tour with their mother.

Schelske also cited that Evans has "encouraged and condoned underage drinking" and that he is concerned for the well being of their children. Evans currently has full custody of her kids and is scheduled to go on tour within the coming month.

Well, these claims made by Evans are pretty damaging. It will be interesting to see what Evans has to say about these allegations.

From an Orange County divorce lawyer's perspective, custody disputes involving purported excessive drinking and drug use are not taken lightly by the court. Many times, an emergency investigation may be ordered or an Evidence Code section 730 child custody evaluator may be appointed to determine an appropriate parenting plan for the children. These types of measures are taken in order to protect the children and ensure that their best interests are maintained.

For more information on any Los Angeles County child custody issues or Orange County child custody issues, contact an Orange County divorce lawyer for more information.

Source: Sara Evans' Ex-Husband files for Shared Custody

They were, until a few months ago, California's First Couple: the immigrant body-builder who improbably rose to be, first, a movie star and then, even more improbably, governor. And his glamorous wife: a member of the Kennedy family and former correspondent for NBC News. As most of the state knows by now, however, the marriage of former governor Arnold Schwarzenegger and Maria Shriver is in trouble. The couple announced yesterday that they are separating after 25 years of marriage.

The Los Angeles separation comes just over four months after Schwarzenegger left office and follows a period during which, as the Los Angeles Times noted, it had become clear that Shriver and the former governor were leading increasingly separate lives. The newspaper called the California separation announcement "a split that marks the foundering of one of America's most famous marriages."

Only two of the couple's four children are still minors (and one of those is a 17-year-old high school senior) according to the Times, so child custody and visitation issues are unlikely to figure heavily in whatever settlement agreement the couple may eventually reach. Unless a prenuptial agreement exists, however, the length of the marriage would entitle Shriver to a substantial share of the wealth from Schwarzenegger's long film career.

There is, of course, the possibility that the couple may reconcile - one of the purposes of a separation is often to give spouses some time apart during which they can consider the best way forward. Even at this stage, however, it is important for anyone considering a California divorce to consult an experienced divorce attorney.

As any Orange County divorce lawyer can tell you, professional legal advice can be essential at every stage of the process - even if both parties eventually decide not to go ahead with a dissolution of the marriage. A Los Angeles, Costa Mesa or Anaheim family law attorney can help clients considering an end to their marriage by offering appropriate advice regarding the many legal and financial issues involved. Such advice during the separation period can be an important factor in whatever decision the client eventually makes.

Los Angeles Times: The unraveling of the Schwarzenegger-Shriver marriage

Entertainment Weekly: Arnold Schwarzenegger and Maria Shriver announce separation

Six months after the filing of a Petition for Dissolution of Marriage, Charlie Sheen's divorce from Brooke Mueller has been finalized. Typically, you must wait approximately 6 months from the date the responding is served to become officially divorce.

In this case, the parties were able to work out their differences and settle their divorce quickly. Some interesting portions from the parties' Judgment specify the following:

1. Mueller will receive $55,000 per month to support the twin minor kids.

2. Mueller will receive a lump sum of $757,698.70 as well as a $1.0 million buyout of the couple's former residence, which Sheen will keep.

3. The Judgment also specifies that "under no circumstances shall the child support paid by Charlie for Bob and Max [his sons] be less than the child support paid by Charlie to [other ex-wife] Denise Richards for [his daughters] Sam and Lola."

What a hefty amount of child support for a father to pay! Sheen's custodial timeshare with the twin boys must be very minimal.

From an Orange County divorce lawyer's perspective, let's recap the factors that the court considers in awarding child support. The courts consider the following factors: gross income of the parties, federal tax filing status, custodial timeshare, mortgage interest deductions, property tax deductions, childcare add-ons and many other factors, just to name a few.

If you need assistance in an Orange County or Los Angeles County divorce or child support matter, please contact an Orange County divorce lawyer for more information.

Source: Charlie Sheen's Divorce from Brooke Mueller finalized

There are conflicting reports in the celebrity press about the resolution of Halle Berry's Southern California child custody issues with ex-boyfriend Gabriel Aubry. As my colleague Winiviere Sy noted in a recent post, Berry had to pull out of a movie role earlier this year because the part would have required her to travel to New York and she was reluctant to leave the couple's three-year-old daughter in Aubry's care.

Ten weeks later it is unclear whether these issues have been resolved. CNN.com recently quoted Berry saying "she is happy that the two have settled their issues." Yet only two days earlier the celebrity-tracking website Monsters & Critics had reported that Berry had once more pulled out of a New York-based acting job because of the unresolved dispute. The latest case, the website reports, is a play about Martin Luther King Jr. in which the Oscar-winning actress was to have made her Broadway debut.

The exact nature - and extent - of the issues separating Berry and Aubry remains unclear. Berry herself seemed to have the appropriate perspective on the situation, however, when, according to CNN, she told "Extra": "We both know a child needs both her parents. But what I want to say about it is sometimes, as a couple, you reach an impasse. We need a court and a judge to help us work out some of the delicate issues."

From an Orange County family law attorney's perspective it would be hard to put it better. Attorneys and the California child custody and visitation system exist to help parents protect their rights, but also, at a more basic level, to help families resolve impasses they are unable to work through on their own.

It is unfortunate that Berry has apparently had to cancel her Broadway debut, but based, at least, on her public comments it seems clear that she has her priorities as a parent well in order. That is something any Orange County divorce lawyer can admire.

Monsters & Critics: Custody issues force Halle Berry to cancel Broadway debut

CNN.com: Halle Berry's custody battle is over

A recent California appellate court ruling may have significant consequences for a small number of people facing unusual family and civil law cases here in Orange County and elsewhere throughout the state. According to Metropolitan News Service, the ruling by the state's Sixth District Court of Appeal establishes new criteria for what is known as the "putative spouse test," allowing courts to use subjective criteria in determining the outcome of a case.

A "putative spouse" is someone who, in good faith, believes themselves to be married even though the union is, in fact, void (for example, because a California divorce has not been obtained to dissolve an earlier marriage). In this particular case the court was addressing the question of whether "a woman who claims she did not know that the man she married was already married to someone else" could file a wrongful death suit related to the demise of her 'husband.'

According to Metropolitan, Nancy Ceja married her husband Robert in 2003 three months before his divorce from his first wife became official. Robert died in an on-the-job accident in 2007. Nancy claimed that she only discovered the couple's marriage had never been valid when she moved to file a wrongful death suit related to Robert's passing.

A lower court held that since Nancy had "used her husband's divorce papers to obtain beneficiary status in his union's insurance plan in 2004" she must "objectively" have noticed the discrepancy between the marriage and divorce dates. The appeals court overturned that ruling, accepting Nancy's claim that she was unaware that her marriage was invalid, and establishing the precedent that courts can side with a defendant based on subjective criteria (what she says she believed), rather than relying only on objective facts (what documents in her possession said).

The ruling is an important one for the (admittedly, small) number of people faced with similar problems. Allowing putative spouse claims to turn on a judge's view of a defendant's subjective beliefs means that California family law attorneys will have to be especially careful in preparing (or defending against) such claims in the future. Choosing an appropriate, and experienced, Orange County family law specialist can be the difference between success and failure in complex and unusual cases like this.

Metropolitan News Service: Appellate court adopts subjective putative spouse test

A few days ago I blogged about the ATROs that go into effect upon the filing of a Petition for Dissolution of Marriage. Today's blog will focus on item #2 of the ATROs:

"2. Cashing, borrowing against, cancelling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children."

If you are in the middle of the divorce and all of your accounts designate your soon to be ex spouse as the sole beneficiaries, can you change the beneficiares pending a divorce? First of all, you should always consult your Estate Planning attorney to ensure that you can do so. Typically, you must wait until the divorce is finalized before you start transferring and changing beneficiaries of financial accounts.

A good article that I found here, summarizes what you should consider prior to changing beneficiaries. Here is an excerpt:

"[i]deally you should consider changing your will and all your other estate planning documents before filing for divorce. This includes updating your living will (medical directives) and financial power of attorney so that someone other than your soon-to-be ex-husband has the ability to make financial and/or medical decisions on your behalf should you become incapacitated. (Do you really want him making possible life and death decisions on your behalf at this point in your relationship?) You may also want to name new beneficiaries on your life insurance policies, retirement accounts, annuities and other investments where applicable. Beneficiary changes to some accounts such as 401Ks and pension plans may require the consent of your spouse and, in all likelihood, you will not be able to change them until after your divorce has been finalized.

Also, once divorce proceedings have begun, the ability to change/move various accounts, name new beneficiaries and/or revise other documents might be prohibited. What's known as an Automatic Temporary Restraining Order (ATRO) may be in place to ensure that both parties' assets and ownership interests stay the same until they have been divided pursuant to the final divorce decree."

Contact an Orange County divorce lawyer if you have any questions or concerns about filing for divorce in Orange County or Los Angeles County.

Source: Should you disinherit your husband?

In California, upon the filing of a Petition for Dissolution of Marriage, standard family law restraining orders immediately go into effect....Automatic Temporary Restraining Orders or what we call, ATRO's. What does this entail?

"Starting immediately, you and your spouse or domestic partner are restrained from

1. Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court;

2. Cashing, borrowing against, cancelling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;

3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and

4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party."

Whether you are filing for a Los Angeles County divorce or an Orange County divorce, please keep the above ATROs in mind. Violation of any of the above restraining orders could result in severe consequences.

For more information on filing for an Orange County divorce, contact an aggressive Orange County divorce lawyer for more information.