 |
 |
|
S i n g h L a w O f f i c e Located in Sacramento/Roseville, CA |
Home
Family Law Family Law cases involve divorce, custody, visitation, support and similar issues including restraining orders. In California, divorce is called a dissolution of marriage. Q. How do I get Divorced in California? A. To file a Petition for Dissolution, at least one party must have resided in the State of California for six months and in the particular county for three months. If neither party meets these residency requirements, one can file a Petition for Legal Separation, and convert the matter to a dissolution once the necessary amount of time has passed. A widely held misconception is that a dissolution is automatically final in six months. All that six months represents is the earliest possible date that a dissolution can be finalized. A dissolution can typically take longer than six months, particularly if there are disputes about division of assets and debts or issues concerning custody and visitation of children. Q. What if I have an Uncontested Dissolution? A. There are ways to have a divorce finalized when you and the other party agree about almost everything. It is possible to avoid going to court at all if you and your spouse can agree on the division of your assets and debts and on issues pertaining to your children. This can minimize the cost and emotional upheaval inherent in the breakup of a marriage. If this is the case, we can prepare all the necessary paperwork, including the Marital Settlement Agreement, and you can probably avoid having to go to court in person. Q. How long does it take? A. Usually at least 6 months. At the time of service of the complaint, the clock starts. The law is 6 months have to pass before you can be legally single and able to marry someone else. Q. How much will it cost? A. Depends. At the beginning of the case, your attorney can get an idea of what issues may be in dispute or agreement and give you a time estimate. As the case progresses, if there is something to fight about like property division or children, it can be very expensive. Mediation and counseling and other legal processes could delay the case to a year or two from when it is filed to get final court orders that are needed to end it. When we mean end a case, just remember you or the other side can reopen or move to change the final court orders. There can be a lot that happens after you are legal divorced if you have children and issues regarding child support, their upbringing and custody. Q. How to I get Child Custody and Visitation Orders? A. The first step is to talk about possible custody and visitation agreements you can make with the other party. In Sacramento and most surrounding counties, there is a meeting called a mediation is mandatory before you can go to court when the parties cannot agree, or otherwise need assistance, in coming up with an acceptable plan for custody and visitation. A mediator cannot order custody or visitation rights. Instead, the mediator works with the parties in an effort to help them reach an agreement. If the parties still cannot agree, the mediator makes a recommendation to the Court. In Sacramento County, the mediator gives a copy of the written recommendations to the parties or their attorneys prior to any court hearing. Only a judge can issue a binding order concerning custody and visitation. That is when your attorney can speak for you and present your case to the judge if the other side will not sign an agreement with you. Q. What is Spousal and Child Support and How is it Calculated? A. The short answer is that it is calculated by a computer formula by inputting certain numbers. The amount of any spousal or child support that may be awarded depends upon a variety of factors. Generally, the amount and the duration of spousal support is based, in part, on the length of the marriage, the income levels and earning capacities of the parties, their ages and health, and their individual needs. Child support generally depends on the income levels of the parties and the amount of time, expressed as a percentage, that each parent has physical custody of the child. However, other factors can go into child and spousal support calculations. We will examine and evaluate the particular facts of your situation to give you an estimate of what you can expect. Q. Do I have to divide my Property and Debts with my ex? A. Yes. At the time of divorce, each spouse is generally entitled to an equal division of the property acquired and the debts incurred during the marriage. This includes real estate, retirement and other employment benefits, household furnishings, automobiles, and other assets. It does not matter that one spouse worked outside the home while the other was a full-time homemaker. The division of property may take any number of forms. Sometimes, items may be sold and the proceeds divided, or one spouse may be awarded a particular significant asset, with other assets awarded to the other spouse as an offset. The ultimate goal is for an equal division of all of the community assets and obligations. There are different laws regarding property inherited, or brought into the marriage by a party, and you should speak to Mr. Singh to discuss your situation in detail. PLEASE NOTE: Family law matters can be intense, emotionally painful and embarrassing experiences. We are sensitive to our client's needs during these difficult times. When court appearances are necessary, we will act as vigorous advocates on your behalf. We can also assist with modifications of existing court orders, and prepare or review prenuptial agreements. Each family law matter is unique and requires the careful attention of a skilled attorney. Please call us for a consultation to discuss your particular concerns at (916) 939-5151 or email us at lawoffice@singhlawoffice.com. |