I AM GETTING DIVORCED. DO I NEED AN ATTORNEY?
It is a good idea to consult with a lawyer about what to expect in a divorce or legal separation. An experienced attorney will protect your rights, as well as the rights of your children. An experienced attorney keeps current with the law in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.
WHAT ARE THE GROUND FOR OBTAINING A DIVORCE?
The grounds for divorce in California are based on a no fault standard. A no fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. The most common basis for a no fault marriage is “irreconcilable differences.”
HOW LONG WILL IT TAKE TO GET A DIVORCE?
A divorce as to a person’s status – that is, being able to return to the status of an unmarried person – is six months from the date the other side is served with the divorce petition. The property division and other issues of the case may take longer. However, a person can be made free to remarry in as little as six months.
WHAT IS JOINT CUSTODY?
Joint custody has two parts: joint legal custody and joint physical custody.
A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing the major decisions affecting the child which can include school, health care and religious training. Other matters which can be handled under these kinds of custody agreements can include almost anything which both parties believe is important.
Joint physical custody refers to the time spent with each parent. The amount of time if flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.
A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing the major decisions affecting the child which can include school, health care and religious training. Other matters which can be handled under these kinds of custody agreements can include almost anything which both parties believe is important.
Joint physical custody refers to the time spent with each parent. The amount of time if flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.
HOW IS CHILD SUPPORT DETERMINED IN A DIVORCE OR PATERNITY CASE?
California follows computerized child support guidelines. Usually, the parent without the child the majority of the time will pay support. But, if both parents usually share time with the child equally, the parent with the greater income usually pays support. If a parent is intentionally not working or is working less than he or she is capable of earning, the court can impute income which means setting support based upon what the parent is capable of earning rather than actual earnings.
WHAT ARE THE STANDARDS TO GET SPOUSAL SUPPORT?
Spousal support is based on several factors the most important of which is the need of one party as balanced against the ability of the other party to pay support. The length of the marriage is considered and the longer the marriage, the longer the right to receive spousal support. In cases where both parties have equal income, even in long term marriages, the court will generally reserve the right to make a spousal support order in the future if it is not made at the time of the divorce.
DO GRANDPARENTS HAVE VISITATION RIGHTS TO THEIR GRANDCHILDREN? WHO MAY PETITION FOR VISITATION? UNDER
Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. But since 1965, all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation rights with grandchildren. The laws do not make granting of visitation rights automatic – they merely give grandparents the right to ask for a visitation order.
Most commonly, a grandparent (or other permitted third party) may petition for visitation after the death of a parent or upon divorce of the parents. Some statutes allow petitions when a parent is incarcerated, when a child is born out of wedlock, or when the child has previously lived with the grandparent.
Most commonly, a grandparent (or other permitted third party) may petition for visitation after the death of a parent or upon divorce of the parents. Some statutes allow petitions when a parent is incarcerated, when a child is born out of wedlock, or when the child has previously lived with the grandparent.
WHAT RIGHTS DO DOMESTIC PARTNERS HAVE?
As of January 1, 2005, the rights and obligations of registered domestic partners under California law are generally the same as those of spouses. If the domestic partners have registered with the California Secretary of State, then they have almost all the same rights as a person seeking a divorce or legal separation.
WHO PAYS FOR ATTORNEY FEES?
Again, attorney fees are based upon need balanced against the ability to of the other spouse to pay. Where the parties have almost the same income, each will be expected to pay his/her own fees. However, where one spouse as a significantly greater income than the other, that spouse can be expected to assist in the payment of attorney fees for the lower income spouse.