FAQs
At the Timothy Peabody Law Firm, we are dedicated to guiding clients in Orange County and throughout Southern California in family law matters involving divorce, legal separation, property settlements, and child custody. For the convenience of our clients, the firm has provided the following answers to some of our clients' most frequently asked questions. To obtain personalized service from an experienced family law attorney, contact the Timothy Peabody Law Firm or call the firm at (949) 200-4610 to schedule a complimentary initial consultation
- Q. What is a temporary custody order?
- Q. Who typically gets to stay in the home during or after a divorce?
- Q. Is it possible to modify a family law order?
Q. What is a temporary custody order?
A. During a divorce or after a legal separation, the spouses must either work out a custody arrangement in a marital settlement agreement or request temporary relief from the court in the form of a temporary custody order. Although these orders are meant to be temporary, in actuality they are often adopted as permanent orders. Therefore, it is especially important to work out a satisfactory arrangement from the outset through negotiations or custody mediation, or aggressively litigate for an order that the client would be satisfied with in the long term. If the spouses continue to dispute custody, the court may order a "730 Evaluation," which is an expert evaluation of the children and family, to determine what custody arrangement would be in the best interest of the child. If this evaluation takes place, the results are generally adopted by the court as a permanent order.
Q. Who typically gets to stay in the home during or after a divorce?
A. California is a community property state, meaning that any property accrued during the marriage, including the marital home, is considered the property of the marriage and is divisible equally between the spouses. This is generally presumed to be the case even if title to the home is only held by one spouse. However, property may be transmuted or transformed by certain acts, and property that appears to be community may be traced back to a purchase made by separate property funds. For these reasons and more, California law prohibits the sale or encumbrance of a home until and unless the court or both spouses approve.
When the spouses do agree to a property settlement, or the court issues an order, the spouses' property may be divided in numerous ways. For example, the spouses can agree to sell the home and split the proceeds, or trade properties between themselves if they own more than one, or they may agree that one spouse will purchase the home from the other or otherwise get to keep it. However, the spouse who retains possession of the home should consider whether or not he or she will be able to afford the mortgage and other expenses after the divorce. Property division is highly complex, and it is important for clients to obtain the assistance of experience family law attorney who can guide them through all of the pertinent issues.
Q. Is it possible to modify a family law order?
A. It is not unusual for the parties' circumstances to change even after a final divorce decree or other family law order has been issued. When this occurs, the party whose circumstances have changed may be able to obtain a modification of their order. For example, if a client is supporting a former spouse and the client loses his or her job, then the firm may be able to help the client obtain a decrease in the amount of spousal support owed. On the other hand, if the client is the supported spouse and he or she needs an increase in support, such as because of unexpected healthcare or education expenses for the children, the firm may be able to help the client obtain an increase in support.
In many cases, a client may need a modification of a child custody and visitation order. Child custody and visitation orders may only be modified when there is a substantial change in the circumstances of the parties, and the modification would be in the best interest of the children. Modifications may range from simple requests for extended vacation time with the children to motions for a move-away due to relocation because of remarriage, a job opportunity, or another reason.
