California Family Law and Divorce FAQ
Family Law and Divorce Frequently Asked Questions
Family law matters and divorce can be complex and overwhelming cases to go through.
To help you get a better idea of these issues, the firm has answered some
of the commonly asked questions regarding family law and
divorce matters in California. If you have further questions or are looking for
experienced representation for your divorce, contact The Law Offices of
Marc E. Mitzner at any time.
How long does the divorce process take in California?
Divorce can take anywhere from a few months to years depending on the unique
case. If the couple cannot agree on their own and matters are contended,
the process can continue for a significant amount of time. California
has a six month waiting period in divorce cases before it can be finalized.
Once you serve a petition, the six month period begins, so the earliest
you can be officially divorced is six months.
Read more about the length of the divorce process on this blog!
How is spousal support calculated?
Depending on whether the
spousal support is temporary or permanent, there are different calculations. Temporary
spousal support is based on the income of both spouses and there is a
calculation to determine the amount provided. Permanent spousal support
is not a simple calculation there will need to be a request filed for
this support through the court and there are many factors to be considered.
Read more information on this blog about spousal support calculations!
How does the court determine child custody?
Child custody is ordered based on the best interests of the child or children involved.
The court will take many factors into consideration and the parent who
fulfills the needs of the child will generally get custody. Generally,
it is preferred to continue relationships and contact with both parents
so the court will determine a custody and visitation arrangement.
Read more information on this blog about how the courts determine child custody.
How is property divided in a California divorce?
California uses a community property method to divide property. Any property,
wages and debt accrued during the marriage is considered community property
and will be
divided equally between you and your spouse. Separate property such as inheritance, personal
injury rewards, gifts and property owned before the marriage remains the
possessions of the spouse that owns it.
Read more about California property division on this blog!
Is there a difference between legal separation and divorce in CA?
In the state of California,
legal separation does not dissolve a marriage. When you go through a divorce, your marital
status is removed and you are considered 'single'. The process
of legal separation and divorce are the same but the results are different.
Also, legal separation is not a necessary step when pursuing divorce.
Learn more about the differences between legal separation and divorce on
Is mediation an effective way to handle divorce or family law matters?
Mediation can be very helpful and can make the process quicker and less
expensive. It is imperative; however, that you do not agree or sign anything
without a Newport Beach divorce attorney by your side. Negotiations and
mediations are beneficial and can help you avoid the courtroom but you
need to make sure your rights are protected in the process.
Get more information about the divorce mediation process by reading this blog!
What if I do not like the orders that the judge decided on?
Do not violate the orders of the court just because you want something
different. There are ways to seek changes to the order but if you violate
the terms, you could be facing serious consequences. Consider requesting a
modification and team up with a family law attorney in Newport Beach for help.
Read this blog about modifying family court orders for further information!
Have more questions?
If you are going through a divorce or facing a family law issue in California,
contact The Law Offices of Marc E. Mitzner. You need Newport Beach Family Law Attorney Mitzner by your side in order
to fight for the end results that you need and want. The firm offers a
free case evaluation so get started now!