Divorce & Family Law

Exceptional DIVORCE & FAMILY Attorney in Orange County, California
best divorce lawyer orange county ca

Exceptional Divorce & Family Law Attorney in Orange County, CA

Gregory Cabo represents clients in family law cases involving, divorce, legal separation, annulment, dissolution of a domestic partnership and paternity actions (unmarried parents establishing or contesting a parental relationship with children). These cases often include issues of child custody and child visitation, guardianships, child support, spousal support and alimony, the payment of attorneys’ fees, property characterization and property division.

What is Family Law?
Family law is a legal practice area that focuses on issues involving family relationships such as marriage, adoption, divorce, and child custody, among others.

Are You Contemplating Divorce in Orange County, California?

Have you been served with a petition for dissolution of marriage and need to respond? Whether you anticipate an uncontested resolution of your family law matter with minimal court involvement, or heavily contested litigation, Attorney Gregory Cabo will assist you in assessing your overall situation in light of your objectives, even before you file for divorce. He will fully discuss with you the economic consequences and other risks of “going to court” in order to determine the best course of action for you.

Child Custody and Visitation

We understand that when children are involved, divorce can become even more emotionally difficult for you. In addressing your parenting objectives, we will seek a resolution that is best for and your children by considering all circumstances including your child’s emotional, social and educational needs. We will explain to you your parental rights as well as the rights and interests of your children and third parties (such as grandparent’s rights), in addressing child custody and reaching an appropriate custodial arrangement.

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Child Support & Spousal Support
Under California law, each parent is obligated to finically support their children. In addition, a married party may be obligated to financially support their spouse. Attorney Gregory Cabo can help you obtain child and spousal support orders.

If you are faced with paying child or spousal support, we can help ensure that you are paying the correct amount of support by making sure that your spouse’s income and earning ability are appropriately considered.

Complex Family Law Issues
Property division oftentimes encompasses more than a “that is my separate property from before marriage ” or a “that is our community property acquired during the marriage.”

Complex property division may involve issues of determining credits and reimbursements owed to a party or to the community estate, division of retirement accounts, spousal fiduciary duty claims, claims against third parties holding assets belonging to the community, financial tracing, cash flow analysis, asset valuation, imputation of income, vocational assessments (determining a spouse’s ability to work and available when they are unemployed) or restraining orders under the Domestic Violence Prevention Act.

Attorney Gregory Cabo can handle these complex issues and plan with you how to best handle these issues in a cost-effective manner.

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Domestic Violence Restraining Orders

Domestic violence encompasses much more than physical violence between spouses. Protection from abuse can include a restraining order against a spouse, relative, cohabitant, or someone in a dating relationship from further acts of stalking, threats, and harassment, including telephone calls and text messages or other acts of disturbing the peace such as destruction of personal property. This can include an order removing the violent party from a shared home. Attorney Gregory Cabo can help you immediately obtain court orders to protect you and your family from domestic violence.

Sometimes, parties going through a divorce will file false allegations of domestic violence to gain an advantage in their case. Attorney Gregory Cabo also represents clients who have been accused of domestic violence to protect their rights and defend against false allegations of abuse.

Modification of Orders
If your divorce has already been finalized, Attorney Gregory Cabo can help you with the modification and enforcement of court orders and judgments, including modifying or enforcing orders involving child custody, child visitation, child support, and spousal support.

 

Guardianships

A guardianship is a court proceeding in which guardianship is appointed by the court to protect a minor or a minor’s estate. Oftentimes, a guardian of a minor is appointed to protect the child’s interest while the parents of the child are still living.

Guardianships of the person are usually established by a relative when necessary to protect the minor child from abuse or neglect or in situations where the child has been residing with a person for a lengthy time and emotional harm would result if the child was removed from that person’s home. Guardianships of the estate usually arise when a minor child receives a large cash settlement or significant inheritance and those funds need to be protected. In California, guardianship matters are heard in probate court.

Attorney Gregory Cabo wants to ensure that you have the knowledge and information to make an informed decision during every step of your family law matter.

Probate Questions & Answers

How Are Divorce Proceedings Started?

A divorce, which is often referred to as a dissolution of marriage, begins with one party (the petitioner) filing the summons and petition for dissolution of marriage (forms FL-110 and FL-100) with the California Family Law Court in the proper jurisdiction, paying the court filing fee.

Thereafter, the petitioner has the summons and petition for dissolution along with a blank response form served on the other party (the respondent) by someone over 18 years old other than the petitioner. The respondent has 30 days from the date of service to file their response (form FL-120) to the petition with the Family Law Court, pay their court filing fee, and serve their response on the petitioner.

If the parties have minor children, most Southern California Family Law Courts require that the parties each file and serve a Declaration Under Uniform Child Custody and Enforcement Act (form FL-105) along with the petition and response.

After Filing for Divorce, Can I Leave California With My Children and Cancel My Spouse’s Health Insurance? Is There an Automatic Restraining Order in Effect?

Automatic temporary restraining orders that go into effect immediately after you file for divorce. These standard family law restraining orders are included on the summons (form FL-110 page 2) of every family law matter.

These orders prohibit taking the minor children of the marriage out of California without the other parent’s written permission or court order, canceling insurance policies or changing beneficiaries, giving away property, transferring and selling property, or encumbering property without a court order.

Further, you are required to notify your spouse before any large expenditures, which will have to be accounted for. The other party will be bound by the automatic temporary restraining orders once he or she is served with the summons and petition.

What Issues Can the Court Decide in My Divorce Proceedings?

The court can decide all issues related to your marriage including ending your marriage, child custody and child visitation, child support, alimony or spousal support, division of all community property and debts, confirmation of all separate property and debts, division of pension plans, attorneys fees and costs, reimbursement and credits owed to a party or to the community, domestic violence restraining orders to prevent harassment or harm to a party or the parties’ children, interpretation and enforcement of pre-marital agreements and post-marital agreements, restoration of a parties’ former name, claims against a spouse for breach of their fiduciary duty owed to the other spouse, including failure to disclose assets during the divorce, claims against third parties holding assets of the community, and other related issues of the divorce.

On What Grounds May I Seek a Divorce?

to prove “fault.” California is a no-fault state meaning that no proof of fault is required to get divorced and your spouse cannot prevent you from obtaining a divorce.

A divorce may be granted for irreconcilable differences that have caused the breakdown of the marriage or for incurable insanity of a party. Most divorces are based on irreconcilable differences, which only require a party to claim that the marriage relationship has completely broken down.

What Is a Legal Separation?

Legal separations are normally requested when a party desires resolution of the issues of the marriage such as custody, property division and support, but does not want to terminate the actual marital relationship. Legal separations are generally requested for religious or medical reasons whereby the legally separated spouse still can maintain the other spouse medical coverage.

Both parties have to consent to a legal separation. Should a judgment of legal separation be entered by the court and the parties later desire a divorce, a new petition for dissolution of marriage will have to be filed.

On What Grounds May I Seek a Divorce?

In California, a spouse does not have to “give” you permission to divorce and you do not have to prove “fault.” California is a no-fault state meaning that no proof of fault is required to get divorced and your spouse cannot prevent you from obtaining a divorce.

A divorce may be granted for irreconcilable differences that have caused the breakdown of the marriage or for incurable insanity of a party. Most divorces are based on irreconcilable differences, which only require a party to claim that the marriage relationship has completely broken down.

What Is a Legal Separation?

Legal separations are normally requested when a party desires resolution of the issues of the marriage such as custody, property division, and support, but does not want to terminate the actual marital relationship.

Legal separations are generally requested for religious or medical reasons whereby the legally separated spouse still can maintain the other spouse’s medical coverage. Both parties have to consent to a legal separation. Should a judgment of legal separation be entered by the court and the parties later desire a divorce, a new petition for dissolution of marriage will have to be filed.

On What Grounds Can I Seek an Annulment (Nullity of Marriage)?

A nullity of marriage may only be granted when the marriage is void or voidable under specific conditions set forth in the California Family Code. Briefly, a marriage is void of incest or bigamy and is voidable in cases of a minority, unsound mind, physical incapacity, force, or fraud. The grounds for nullity must have existed at the time of the marriage and the grounds must be proven to the court. An annulment is not automatically granted. You can not obtain an annulment simply because of an extremely short marriage.

Most commonly, fraud is the basis for a voidable marriage, which requires a showing, that the consent to marry was obtained by fraud. This means that the false representations or concealment of a material fact constituting fraud must have directly affected the marital relationship. This can be difficult to prove and will require the party seeking an annulment to prove the factual basis of the fraud. In addition, there are certain timeframes by which to bring a nullity of marriage based upon fraud.

Because the issues surrounding an annulment are unusually complex and normally have certain timeframes by which to bring your petition (statute of limitations), you should not delay in seeking legal advise from an attorney regarding pursuing an annulment.

I was not Married to the Other Parent of My Child. How Can I Assert My Legal Rights Regarding Our Child Including Custody, Visitation and Support?

The California Family Law Court has jurisdiction to hear petitions to establish a parent or child relationship (California Judicial Counsel Form FL-200). In such proceedings, the issues of paternity, custody, and visitation, and child support are decided. Typical scenarios involve a parent seeking child support or a parent seeking visitation of the mutual child or children of the parties. Child support actions can also be commenced by the California Department of Child Support Services.

There are certain strict jurisdictional and procedural requirements in bringing these proceedings. You should not delay in seeking legal advise from an attorney regarding your parental rights

Are There Residency Requirements for Filing for Divorce in California?

A judgment for divorce cannot be entered unless one of the parties to the marriage was a resident of California for at least 6 months and a resident of the county in which the petition for dissolution was filed for at least 3 months before the filing of the petition for dissolution. You cannot waive this requirement.

For example, if you moved from Los Angeles County to Orange County and wanted to immediately file for divorce in Orange County, you could not until after you have met the 3-month residency requirement. However, your move would not prevent you from immediately filing for divorce in Los Angeles. There is no statutory residency requirement in order to file for a legal separation. A judgment for legal separation requires both spouses’ consent to the legal separation.

How Soon Can I Be Divorced in California i.e. What Is the “6 Month Rule” I Hear About?

The earliest that a parties’ marital status can be terminated is 6 months from the date that the other party is served with the summons and petition for dissolution of marriage. The passage of time alone is not sufficient as the marital status does not automatically terminate at the 6-month mark. A judgment for dissolution has to be entered by the court. Should other issues of the marriage take longer to resolve than six months, the court, upon application by a party to “bifurcate” the issues, may terminate the marital status and reserve jurisdiction over all other remaining issues in the marriage to be decided at a later date.

A judgment for dissolution of marriage which has been agreed to by the parties, commonly referred to as a stipulated judgment, can be entered by the court before the passage of six months but the marital status will not terminate until after 6 months from the date of service of the respondent. The date of termination of the marital status will be specified on the notice of entry of judgment and on the judgment for dissolution of marriage.

I Need Custody and Visitation Orders, Support, Attorneys’ Fees or Other Orders Before Trial. What Can I Do?

Upon application (California Judicial Counsel form FL-300), the court may make orders on a temporary (pendente-lite) basis by filing a Request for Order (“RFO”) seeking temporary relief. The court can decide issues of child custody and visitation, child support, spousal support, provisional exclusive use of an automobile or residence, turn-over of community funds, payment of a certain debt, restraining orders, and requests for attorneys’ fees and costs to afford legal representation, all on a temporary basis.

The court generally will not divide community property at hearings on temporary orders. Matters set on an expedited basis (ex-parte) require a showing of an emergency, immediate harm, or immediate threat of harm to a child, person, or property (including depletion of community bank accounts), and can be set for hearing within one court day. Financial issues including temporary support or attorneys fees are almost never considered an emergency but immediate payment of some expenses can be ordered on an expedited basis.

Hearings on non-emergency issues are normally set for hearing within 21 to 45 days of filing the application, depending on the court’s availability. The object of temporary orders can be to preserve the status quo and “keep the peace” or to provide support pending trial on the issues. Temporary orders typically last until modified by further court orders or until the entry of final judgment.

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