With her extensive experience in family law and civil cases, Elena Smolina will be a valuable asset to our clients and a key contributor to our continued growth and success.

Discovery in California child custody or divorce is a legally regulated process that allows either party to request documents and ask for information from the other party about their financial situation, expenses, income and lifestyle, and issues related to custody matters.

Understanding the Court's Authority to Order Vocational Assessments and Alternatives to Establishing Earning Capacity in Family Law Cases

The court will appreciate a parent who understands that children have a right to a sense of safety, stability, and love from both parents. Both parents are responsible for learning to coparent effectively.

When making custody and visitation orders, the court considers the child’s health, safety, and welfare. Custody and visitation are tailored to each family based on the dynamics of the parents and the best interest of the child. Custody and visitation orders may look different for everyone. 

What is an Ex Parte Motion? In certain circumstances when there is the potential for irreparable harm, a litigant can file an ex-parte or emergency motion. There are certain requirements. Timely notice must be provided to the other side to include the date, time, department, and reason for the motion and the ex-parte application.

Family Court Services (FCS) lasts about an hour or two. You will have about 30 minutes or so to give information about your children and your situation to the mediator. The best way to prepare is to have a custody and visitation plan.

Under California Family Code § 2320, a judgment for dissolution of marriage can be entered only if one of the parties to the marriage has been a resident of California for at least six months, and of the county in which the divorce is filed for the three months preceding the filing of the petition.

Pets have traditionally been recognized as property in a divorce and like all other personal and financial assets awarded to one spouse or the other as their property in a divorce. Previously, California law generally required that courts divide all “community property” – property acquired during the marriage, including companion animals – equally between the disputing parties.

Tensions can run high in matters of divorce and child custody. The court wants to reduce conflict as much as possible and promote a good relationship between the parents for the benefit of their child.

Generally, military pay which is: basic pay, special and incentive pay, and bonuses are taxable. However, certain forms of military compensation are tax exempt. 

Property division in California divorce or legal separation can be complicated—especially when one spouse invested their separate money into a community asset.  

The Domestic Violence Prevention Act of California (DVPA) allows people in dating relationships to seek restraining order to protect against violence to people in abusive, dating relationships.

Effective September 2024, the California Legislature changed the Guideline Child Support Calculation. The changes include how child support add-ons are allocated between the parties and expands sources of income used to calculate child support. 

The chances of a real property buyout in divorce cases has become less possible now than it has since the market crash of 2008, thanks to interest rate hikes coupled with high home values.

At Livingstone Law, APC, our top priority is to ensure the well-being and happiness of the families we represent. Child custody cases can be emotionally challenging for everyone involved, and…

At Livingstone Law, APC, we understand that going through a divorce can often be an emotionally challenging and complex process. Our team is dedicated to assisting clients to navigate this…

Temporary spousal support is an order for support which is issued by the court upon the motion of a party. A litigant asking for support will be required to provide the court with an Income and Expense Declaration.

The purpose of the Service member Civil Relief Act of 2003 (SCRA) is to prevent an unfair advantage over military litigants who would be caught blindsided if they were unaware of litigation or unable to retain counsel.

Fam Code § 3044 – Rebutting the presumption that the award of sole or joint physical or legal custody of a child to a person is detrimental to the best interest of the child