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James “Jim” Parke
Ronald “Ron” Funk
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Estate Planning and Probate
Frequently Asked Questions Videos
Confused about Family Law matters? Have a question about Divorce or Child Support? Our experienced attorneys at Holstrom, Block and Parke shed light on some common questions that are often asked by people regarding these difficult, and often confusing, issues.
Browse the FAQ videos below and please contact us today to discuss your unique situation.
What are the advantages of creating a trust?
he main advantage to having a trust is the avoidance of probate. Probate is time consuming, expensive, and makes your assets and liabilities public record, which most people don’t want. The trust will allow for the disposition of your estate plan without any...
What is domestic violence?
In California, you can file for domestic violence restraining orders. Domestic violence can consist of physical violence, emotional violence, mental abuse, and even harassment or stalking. All may be basis for filing for a domestic violence restraining order. If you...
How to file for divorce in California?
California is a “no-fault” divorce state, which means that neither spouse is required to prove up wrongdoing in order to proceed with filing for a divorce. Under the family code, the spouse filing for divorce (also known as the “Petitioner”) need only cite that...
What happens after I’ve filed for divorce?
Once you file for a divorce and you have filed the petition in the summons, it's served on the other side to the other party. They have a 30-day period to respond to the action. If they respond within the 30-day period, the process of the divorce will begin moving...
How long does a divorce take with children?
A divorce with children doesn’t necessarily lengthen the time the divorce takes. Everybody wants to make sure that it’s done right because it is often the primary issue for both parents. It’s not as if one parent is right and one parent is wrong. Each parent has his...
How is child support determined?
In the state of California, child support is determined by a statutory formula. It’s pretty convoluted and so the courts all use computer programs that are designed to utilize the formula to identify the correct numbers. The numbers that the court uses in these...
How long does a divorce take?
People hear misconceptions like, "Your divorce is going to be over in six months." Now, there's a kernel of truth to that. The kernel of truth is the soonest you can be divorced in California is six months and one day after the other side is served with the petition...
How long do prenups last?
Prenups last, usually by their terms, for the entire length of the marriage. However, prenups sometimes include provisions that expire. The most common one might be an agreement that there’s going to be no spousal support unless they are married for at least 10 years....
How are assets divided in a divorce?
Under California law, the way assets are divided in divorce is pretty straightforward. Any property that was acquired during marriage is presumed to be community property, and is divided 50/50. Any property that was either owned prior to marriage or acquired during...
What is a Prenuptial Agreement?
Prenuptial agreement is in simplest terms a contract between two parties who're contemplating getting married. It's an agreement that can set out your right and responsibilities in the event of a dissolution. It's an agreement that can be used to protect your separate...