YOU ARE HERE DIVORCE WITH CONFIDENCE HOW TO BE IN CONTROL OF YOUR CALIFORNIA DIVORCE A PRACTICAL GUIDE HAMID NARAGHI, Esq. *WILLIAM E. WOODCOCK, Esq. *Certified Specialist, Family Law State Bar of California Board of Legal Specialization 1 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 INTRODUCTION The emotional impact of a divorce is difficult to explain to anyone who has not personally dealt with it. To those who have not been touched by divorce, no explanation is possible; and to those who have dealt with divorce, no explanation is necessary. But when faced with any challenge, the ones who persevere are the ones who stay composed, gather qualified information and make wise choices. I hope that the contents of this book provide you with the information that will help you make wise choices and persevere. When going through a divorce, it’s important to know what lies ahead – to have a roadmap of the process so that you can best prepare for it, practically as well as emotionally. By following this roadmap, you will have an overview of the divorce process. This will allow you to become and remain organized. This, in turn, will help you stay in control and achieve the best possible outcome with the least amount of anxiety. As you progress through the divorce process, it’s natural to become overwhelmed. Return to the roadmap often so that you can reevaluate your situation and bring yourself back on course. Use the roadmap to regroup when you feel lost. The key to the Roadmap of a divorce is to distinguish between the procedural aspects of a divorce (the subject of this book) and the substantive ones (which should be discussed with your lawyer). This distinction is important in your thought process as well as in the organization, discussion, evaluation, negotiation and completion of your divorce. The procedural aspects, which we will discuss in detail, relate to the red tape that you must go through with the courts. Remember that a divorce is technically a lawsuit. A lawsuit, and therefore this procedural outline, has: 1. A Beginning, 2. A Middle, and 3. An End The substantive aspects relate to the actual matters that must be addressed and resolved. The details of the law on the substantive aspects are too voluminous to discuss in a book and are filled with exceptions, and exceptions to exceptions... So with the organization structure that I provide, make sure to discuss each as they apply with your lawyer and have a good understanding of the law as it pertains to your specific situation. 2 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 In California, there are basically five substantive categories that must be dealt with – whether it is a complicated high-asset divorce, or the average couple, the same substantive outline will apply. The five categories are: 1. Child Custody & Visitation (aka: parenting plan), IF there are children of this marriage. 2. Child Support (including health insurance for the minor children), IF there are children of this marriage, 3. Spousal Support (aka alimony) 4. Property Division 5. Legal Fees That’s it. Every substantive issue that you will deal with during a divorce will fit into one of the above categories. Realizing this at the beginning, middle and the end of your divorce will help you organize your thoughts, establish a strategy, stay on point in your discussions, and make sure that you have hit all the points in your settlement. By following this roadmap before and during a divorce process, you will remain knowledgeable and in control, and with knowledge and control comes the confidence to make the right decision as you proceed with this difficult and important financial, emotional and personal time of your life. 3 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 ABOUT THE AUTHORS HAMID NARAGHI Hamid Naraghi is a founding partner in the statewide litigation law firm of Nader, Naraghi & Woodcock, APLC, (www.nnwlegal.com), the former president of Divorce Helpline, a statewide family law mediation firm, and a co-founder of Smart Legal Solutions, a nonprofit family law service providing family law assistance for low income individuals . An attorney since 1997, Hamid has gained extensive experience in litigation, mediation and alternative dispute resolution. His background as a litigating attorney, mediator, arbitrator, private judge, licensed real estate broker, former police officer, mediation instructor, and author provide him with a unique perspective that enables him to analyze and formulate a strategy for resolving complicated matters appropriately depending on the specific circumstances of the case and the parties involved. WILLIAM E. WOODCOCK Bill Woodcock is a Certified Family Law Specialist, certified by the Board of Legal Specialization of the State Bar of California. He is a founding partner in the statewide litigation law firm of Nader, Naraghi & Woodcock, APLC (www.nnwlegal.com), the vice-president of Divorce Helpline (www.divorcehelp.com) as well as a co-founder of Smart Legal Solutions. Both an experienced mediator and an experienced litigator, Bill has argued before California Appellate Courts on international child custody disputes and Hague abduction cases, is certified as a pro-tem Judge, and acts as an Arbitrator in mandatory fee arbitrations between attorneys and clients. For many years, Bill has worked closely with psychological professionals to address the developmental and psychological needs of children during the divorce process, an area of particular concern for him. 4 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 DIVORCE WITH CONFIDENCE HOW TO BE IN CONTROL OF YOUR CALIFORNIA DIVORCE A PRACTICAL GUIDE HAMID NARAGHI, Esq. *WILLIAM E. WOODCOCK, Esq. *Certified Specialist, Family Law State Bar of California Board of Legal Specialization Edited by: Amir A. Nader 5 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 Great care has been taken to ensure the accuracy and utility of the information contained in this book, but no warranty is made, express or implied, and neither Nader, Naraghi & Woodcock, APLC nor the authors assume any liability in connection with any use or result from use of the information or forms contained herein. This book is not intended to interfere with a lawyer-client relationship, the reader should defer to their lawyer for specific legal advice. This book is to be used for reference and education only. © 2019 by Hamid Naraghi ISBN-13: 978-0-578-54484-7 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. Printed in the United States of America. With permission from the publisher, portions of this book incorporates material from How to Manage a Contested Divorce in California, published by NoloPress Occidental and written by Ed Sherman, Hamid Naraghi and Bill Woodcock. 6 Published by: Nader, Naraghi & Woodcock, A Prof Law Corp (818) 461-0255 TABLE OF CONTENTS 1. YOU ARE HERE ................................................................................................................................ 13 Part One: Solving problems out of court 2. HOW A DIVORCE CASE BEGINS AND WHEN IT BECOMES CONTESTED............................ 17 3. HOW TO GET OUT OF THE LEGAL SYSTEM.............................................................................. 20 4. HOW TO NEGOTIATE AN AGREEMENT....................................................................................... 27 5. WHAT TO DO WHEN YOU REACH FULL OR PARTIAL AGREMENT....................................... 32 Part Two: Preparation: where cases are won or lost 6. HOW TO PLAN AND PREPARE YOUR CASE............................................................................. 35 7. WORKING WITH AN ATTORNEY................................................................................................... 42 8. HOW TO GET THE INFORMATION YOU NEED........................................................................... 51 Part Three: Solving problems in court GROUP A: RFOs & TROs –Where most problems get solved 9. BASICS ......................................................................................................................................... ..... 56 10. MOTIONS......................................................................................................................................... 60 11. PREPARING FOR AN RFO OR TRO.............................................................................................. 63 12. HOW TO DO A REQUEST FOR ORDER (RFO)............................................................................ 73 13. HOW TO DO A TEMPORARY RESTRAINING ORDER (TRO).................................................. 75 14. RESPONDING TO AN RFO OR TRO……..................................................................................... 80 15. PRESENTING YOUR CASE AT THE HEARING.................................................................. .........87 16. HOW TO DO ORDERS AFTER THE HEARING.................................................................. ......... 92 GROUP B: GETTING INFORMATION 17. DISCOVERY .................................................................................................................................... 96 18. COMPELLING DISCOVERY IN COURT....................................................................................