Family Law Frequently Asked Questions
Q: How long does it take to get a divorce?
A: To file for divorce in California, one of the spouses must live in the state for a minimum of six months. Typically, a divorce in California takes at least six months. If you and your spouse cannot agree on the important terms of the divorce and litigation becomes necessary, it can take as long as several years to finalize.
Q: How is child custody determined?
A: Except in situations where there is domestic violence or abuse, California courts generally prefer custody arrangements that allow both parents to be involved in their children's lives. There are two types of custody: legal and physical. Legal custody affords the right and responsibility to make decisions for the children regarding education, health care, and anything affecting the children's welfare. Physical custody determines who the children will actually live with. The court can award you any of the following: sole legal custody, sole physical custody, joint legal custody, joint physical custody, or "joint custody," meaning both joint legal and physical custody.
Q: Will I have to pay child support?
A: Under the California Family Code, a father and mother have an equal obligation to care and provide for their children. As a result, one parent is often ordered to pay the other parent child support. To determine the most appropriate support arrangement in a particular case, California courts consider a variety of child support guidelines. These include factors such as the child's best interests, the custody arrangement, and each parent's income, standard of living, and level of responsibility in child-rearing each parent shares.
Q: How much spousal support (alimony) will I have to pay my ex?
A: Under California's spousal support statute, an individual has a duty to provide financial support to his or her spouse. To determine the amount of this support, the courts use a variety of factors, including the length of the marriage, each spouse's income and earning capacity, how much each spouse contributed to the other spouse's marketable skills (such as paying for education), the immediate and future tax consequences to each spouse, and the age and health of each spouse.
Seek Experienced Legal Representation
We understand your family law dispute is probably one of the most difficult times in your life, and we strive to provide caring and personalized representation to guide you through whatever problem you are facing. We provide the support and guidance you need to help you move forward with your life. To schedule a free consultation with an experienced family law attorney, contact the Northern California Law Center, P.C. by e-mail, or call us at (916) 478-4139.
