Divorce & Family Law FAQ

Get Answers from an Experienced Orange County Attorney

If you are looking to get a divorce in Orange County, Riverside, Los Angeles, or San Diego, it is very likely that you have a lot of questions. The most reliable source for qualified answers is a Orange County divorce attorney, which is why we recommend that you consult with a lawyer from Diefer Law Group, PC as soon as possible. Our firm has more than a decade of legal experience and has handled family law cases of all kinds, including divorce.

We have a thorough understanding of the California Family Code and all of your rights therein. Our team demonstrates a strong desire to meet each of our client's individual needs. We offer a complimentary consultation for each of our clients so that you can get the answers and representation you need. Read through some of the common questions we have provided below before you fill out our online consultation request form.

Do I have to go to court?
Divorce does not always require litigation. It may be possible for you to avoid going to court if you and your spouse are in agreement about getting a divorce and are able to negotiate the terms for all of your divorce matters. This is known as uncontested divorce. If you and your spouse are able to amicably negotiate matters such as child custody, spousal support, etc., you can draft your own divorce agreement through collaborative law or divorce mediation. You can avoid the prolonged and expensive process of divorce litigation, obtaining your divorce on your own terms with the guidance of a neutral, third-party mediator or with the counsel of your own personal collaborative law attorneys.

How is custody decided?
The court determines child custody based on the best interests of the child. In order to win custody, you must be able to prove that your child would benefit best in your care. You must provide evidence that your child has a strong relationship with you, that you are able to meet the child's financial, emotional, educational, spiritual needs and more. Speak with an experienced attorney for further information.

How much support will I receive?
California uses specific formulas to determine how much support is paid to the lower income spouse or custodial parent. For spousal support, the net monthly income of each parent is determined, and then half of the lower-income spouse's net monthly income is deducted from 50% of the higher-income spouse's net monthly income to determine the amount of support. Child support is much more complex, involving a detailed formula to determine support based on each parent's income and the amount of time the supportive parent spends with their child. Consult with a lawyer to learn approximately how much child support you may be required to pay or receive for your case.

What property will I keep in a divorce?
Anything that you and your spouse acquired after you were married is considered joint marital property under California law. Therefore, you need an aggressive attorney to fight for fair property division of marital property. You may be able to protect your property and assets by proving that you acquired them before you were married. You can also draft a prenuptial or postnuptial agreement to provide legal evidence that certain property or assets are yours and are not eligible for distribution in case of divorce.

When can I file for divorce in California?
As a no-fault divorce state, you only need to state that you and your spouse have irreconcilable differences in order to commence a divorce proceeding. Other common grounds for divorce include domestic violence, infidelity, mental disability and irreversible insanity. You must also meet residency requirements in order to file for divorce, where at least one party has lived in the state for at least six months before filing, and one party must have been a resident in Orange County for at least three months before filing.

What is the difference between divorce and legal separation?
Divorce dissolves a marriage, while legal separation keeps the marriage intact, but allows the two parties to have separate accounts and places of residence without jeopardizing their marriage. They can each live separate lives while still maintaining their marriage contract and the benefits it involves.

What is the difference between divorce and annulment?
Divorce ends a marriage that was legally obtained, whereas annulment ends an unlawful marriage contract. Examples of an illegal marriage include marriage between two parties, only to find that one party is still legally married to a third party, bigamy, incest, marriage by force and marriage by fraud. These types of marriage are illegal under the California Family Code and may therefore be annulled.

Why hire a divorce lawyer from Diefer Law Group, PC?

Diefer Law Group, PC is dedicated to providing exceptional counsel and case results without damaging your finances. Our team strives to expedite your case as much as possible to keep the divorce costs down, but also fights for the best possible outcome. Take advantage of a free case evaluation today to learn more about our firm and how we can handle your family law case.