Our Practice Areas
Amicable Divorce
Deciding to file for divorce is among the toughest situations a person can face, as is receiving legal notification of that decision as an unsuspecting spouse. You may feel like your life has been turned upside down, and you may have no idea what tomorrow will bring. When dealing with a family matter such as divorce, move-away, child custody, child support, spousal support, and modifications, it is important to choose an attorney you can rely on. Having the right lawyer can make a big difference in the process and outcome of your divorce. Aloha Divorce strives to secure the outcome you need and to deflect much of the stress, as we provide steadfast legal counsel you can trust throughout your case.
Prenuptial Agreements
While you are wedding planning in California thing that should be on your checklist is a prenuptial/premarital agreement, commonly referred to as a “prenup.” A prenup is a written contract entered into by a couple engaged to be married, executed before legal marriage, and is effective upon marriage. It typically addresses property and debt each person already owns; their property rights after marriage; property disposition at separation, divorce, death, or another event; choice of law; and spousal support limitation or waiver. There is a common misconception that prenups are only for the wealthy. However, every couple can benefit from having a prenup. If you don’t have a prenup, you essentially agree and submit to the state of California’s prenup upon separation through the CA Family Code and published case law. Without a prenup, you agree to the creation of community property, the obligation to cover all community debts, known or not, and the long-term spousal support framework. By having a prenup, you can avoid opting into an often-misunderstood set of laws without informed consent.
Restraining Orders
Before you request a restraining order, you must determine who you are seeking a restraining order against. In California, there are two types of restraining orders, a Civil Harassment Restraining Order and a Domestic Violence Restraining Orders. In a domestic violence action, there must be some special relationship between the parties. This relationship would be having children together, dated or married to the person or a close relative. Whereas, in a Civil Harassment, no close relationship is required to obtain a restraining order. So the restrained person would be a neighbor, roommate, friend, or someone you are not closely related to. Both domestic violence and civil harassment restraining orders can have the same effect. They can order the restrained person to Not contact you or any member of your household, not go near you, your children, or others who live with you, no matter where you go; Stay away from your work, school, or children’s school; or to turn in or sell any firearms. Once the court issues a restraining order, it goes into a statewide computer system. This means that law enforcement officers across California can see there is a restraining order in place.