I am thinking about getting a divorce. What should I do to prepare for it if I (or my spouse) decides to dissolve our marriage?

BE PREPARED / BE INFORMED! Divorces can be, and frequently are, very emotional. It is a rare couple indeed that can sit down and resolve every issue of their dissolution of marriage in a calm, business-like manner.

For the remainder of couples, our attorneys have found that the more prepared and informed a client is about their case, the better they feel about the entire process.

Some other pieces of advice our clients have found useful include: Photocopy all financial documents including, but not limited to, mortgage statements, credit card statements, certificates of ownership, bank account statements, federal and state income tax returns, etc. You should also inventory household goods.

Restrain your anger, no matter the perceived injury or injustice; not only can domestic violence subject you to severe criminal penalties, it will affect your ability to have custody of your children and can even affect your ability to receive spousal support from the other party.

Anticipate costly litigation if you or the other side wants to "do battle" and fight over every issue, no matter how small.

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I am the husband/father, can I be awarded custody of the children?

Absolutely. Judges in California are precluded from deciding the issue of custody based on sex. We have been extremely successful in getting our male clients custody of, or substantial visitation with, their children

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I am a Correctional Officer or other law enforcement officer and often must work late-night/early-morning shifts, can I nevertheless be awarded custody of the children?

Yes. As a general rule, the court is not allowed to consider employment status in deciding child custody and child visitation orders. We represent a large number of correctional officers and other law enforcement officers and are well aware of the issues these officers commonly face in family court.

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Can I move with our children to another county/state? Can I prevent my ex-spouse/other parent from moving with our children to another county/state?

Maybe. Changing the residence of children, the so-called "move-away" case, remains a controversial topic, both in the California legislature and in the court system. There are complex rules governing the right of a parent to move with the children, or the other parent to restrict such a move. This area of the law is constantly changing (for instance, the California Supreme Court recently unanimously decided a "move-away" case which we believe has profound impact in this area of the law). You do not want someone unfamiliar with these changes deciding your future.

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I have heard typing services can perform the same services of an attorney for much less money. Why would I want to hire an attorney to represent me?

There are a myriad reasons why you would NEVER want to have a typing service perform "legal services" for you. First and foremost, typing services do not represent you or your interests. In fact, they are specifically prohibited from representing you and they face severe criminal and civil penalties if they do so. A typing service does not appear in court on your behalf, does not argue before the judge hearing your case, and cannot lawfully prepare you for the litigation process. Only an attorney at law duly licensed to practice in the State of California can provide those services.

With respect to costs, the cost of a typing service can quickly equal or exceed the cost of one of our attorneys. We are frequently retained to "fix" problems brought about by the action or inaction of a typing service. Sometimes, those problems cannot be fixed, and the client suffers often catastrophic losses, such as rights to retirement plans, community property interests in separate property assets, etc.

Remember, some rights, when waived, are gone forever. Do not trust a typing service to make decisions for you that could affect you for the rest of your life.

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