Family Law: Frequently Asked Questions
Answered by the Family Lawyers at Lerandeau & Lerandeau
I want to get a divorce - What should I do?
Divorce is a difficult and costly process, no matter how you approach it. However, you will have a much better chance of achieving your goals and minimizing your costs if you know your rights and do some pre-planning. Many problems can be eliminated entirely or greatly minimized by taking some very simple steps.
As experienced divorce attorneys, we can provide you with this essential information and help you formulate a strategy that best fits your immediate needs and ultimate goals. We cannot overemphasize the importance of preparation when starting your divorce. Call or e-mail our law firm and set up an initial conference before you take any steps.
I was just served with divorce papers - what should I do?
The papers you were just served are very important and must be responded to in a timely basis or your legal rights will be greatly prejudiced. The first thing you should do is immediately call our attorneys to schedule an initial conference to have them reviewed.
There is a special urgency if the papers indicate there is a court date scheduled and/or some temporary orders have been issued. You should be aware that the back side of the SUMMONS contains some automatic temporary restraining orders that affect your ability to travel with the children and your rights concerning your insurance coverage and property rights. Read them carefully and we will go over them in detail during your consultation.
I am unhappy with an existing Court Order. Can I modify it?
All orders granted before a judgment has been entered are modifiable. Orders contained in a judgment are modifiable if they concern child custody, child visitation or child support. Orders contained in a judgment regarding spousal support are modifiable as long as they are not designated as "non-modifiable" and/or the court has not given up its jurisdiction over the matter.
The normal process to modify orders is by filing paperwork with the court, serving a copy of the same on the other party and attending a hearing at the court. The paperwork must contain a detailed statement of the facts specifying why the judge should grant your request.
Whether your motion is granted depends on the court's interpretation of the facts gathered from both parties and the judge's discretion. You will have a much better chance of receiving your requested modification if you are represented by experienced counsel who knows the law and the vagaries of judicial discretion. Our firm's family and divorce lawyers have this knowledge and can use it to help you achieve your goals.
Email: Contact Us
Lerandeau & Lerandeau
Attorneys at Law
777 West Shaw
Fresno, California 93704
Tel. 559-230-2600
