Our divorce attorneys will take the time to listen to all of your concerns, understand your needs and answer all of your questions, such as:
These questions and more will come up throughout your divorce or separation proceedings. Our divorce lawyers will be by your side the entire time answering questions and providing legal advice.
California has a minimum time period to get a divorce, referred to as a “cooling off” period, to make sure you and your spouse are serious about divorce. Do not expect to be able to get a quick divorce in California. The law requires at least six months to have passed, after a divorce petition is served, before a divorce can be granted by a judge.
If you have children, determining child custody and visitation schedule can be the most difficult and time consuming part of your divorce. The court prefers that both parents work out custody and visitation issues, and will normally require you to go to mediation before a judge will make an order regarding child custody. The court always views custody and visitation questions from the aspect of what is best for the child, not who is the most deserving parent.
California uses strict formulas to determine child support. Child support is based upon a number of factors. The most important factors in determining spousal support are percentage of time spent with the child and income. The more time a parent spends with their child the less child support they will have to pay.
If you make more money than your spouse, you will likely end up paying him or her spousal support. That’s true whether you are a man or woman, so a wife could end up paying her husband spousal support if she has a higher income than him. The amount of alimony is determined by your income and your spouse’s income. In California, courts may also consider income potential, in certain situations. Income potential takes into consideration what a person should be making, or what they previously have made. The length of time that a party is required to pay alimony is usually determined by the length of their marriage.
In California, all assets and debts acquired during your marriage are considered community property. Community property means that both spouses have an equal, one half share in all assets and debts from the marriage. It does not matter that the house or bank accounts are only in the name of one spouse. Each spouse has a one half interest in that property. On the flip side, all debts, generally speaking, acquired during the marriage are also split in half.
Divorce and separation can be an expensive, time-consuming and stressful process. Our divorce attorneys are here to prepare you and your case for a trial, if necessary, and will try to negotiate a settlement if there is a potential for it.