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.
Contact our firm at your earliest convenience to set up an appointment with a divorce attorney who can provide the attentive counsel you need.