Paralegal Freelance Services LLC

Faq's

How long will the divorce process take?
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It’s the same process to get a legal separation. But, there isn’t a required 6-month waiting period.
How are assets and debts divided in divorce?
In California, we live in a community property state. This means that any property acquired during the course of the marriage will be considered joint property. Any property acquired before the marriage can be considered separate property, though this property will become joint property if it is commingled with any marital assets. If a married couple divorces, then their property should be distributed equitably. This means that the property has to be divided as fairly as possible. Any debt that is acquired during the course of a marriage will also be considered part of the community property that must be divided equitably.
How do we figure out custody and visitation?
Custody and visitation are the most emotionally charged and highly contested elements of divorce. Developing a feasible parenting plan is a critical component of effectively resolving custody matters. Visitation should be tailored to fit your family’s unique circumstances. However, if such an arrangement is not feasible due to domestic violence, substance abuse or geographical distance, other alternatives must be explored. Many parenting plans start off with a standardized schedule that allows the noncustodial parent every other weekend and certain dinner times, or something comparable. Visitation is a modifiable part of the divorce decree and a parent can petition for an additional time later, particularly as young children get older. The courts across California want to see both parents working together, sharing parenting time and remaining focused on the child’s needs. It is important that both parents take a proactive role in the child’s life such as involvement in the child’s schooling, extracurricular activities, care and development.
How much child support will be paid?
In California, child support is on a complicated formula, called child support guidelines. These guidelines take into account a variety of factors, including but not limited to: the number of children, the number of dependents you have, the child custody arrangement, your income, any mortgages you have, health insurance costs, and tax deductions. The needs of the child are always at the forefront in every case regardless of the circumstances. It is not about the parents at this stage and you will both need to really think about what is best for your child regardless of your penal feelings or each other. Once all factors are taken into account by the court, the judge will decide the final child support amount that is to be paid.
What about Paternity?
In law, paternity is the term used to describe an individual’s status as the legal father of a child. A common misconception is when paternity is compared to biology where you don’t necessarily have to be a child’s biological father to be their legal father. When it comes to paternity, it isn’t always about biology. It comes down to rights and obligations as a legal father of a child. Nevertheless, there are some cases that involve biology but in other instances, paternity is about legality. Under state law, whenever two people are legally married each individual is assumed to be the legal parent of any children they have. Of course, this can be met with challenges and paternity can be established in another legal way. Paternity can be legally established by voluntarily signing a certificate of parentage at the hospital, county welfare office, or registrar and court-ordered DNA testing. If a father is seeking parental rights, he must first file a petition to establish paternity. When a father was not married to the mother at the time of the child’s birth, he must undergo paternity testing to establish that he is in fact the biological father. After this, the court will evaluate the extent of parental rights he will be granted, as well as child support that he will be obligated to pay. Even if the court does not initially grant the father the visitation he requested, he can later seek to modify the order or the judgment to request more time with the children.
How is Spousal Support determined?
Spousal support (sometimes called “alimony”) is a court-imposed payment from one spouse to another. Temporary spousal support, which is calculated based on a formula, may be available to a lower income earning spouse while the divorce proceeding is underway. Permanent or long-term support is generally awarded at the end of the process, if at all. The court will consider petitions for spousal support based on the duration of the marriage, sacrifices made by either spouse, age, health, contributions to the marriage, employment, earning capacity and financial needs. Permanent spousal support is not necessarily changeless. It can be modified — that is, increased, reduced or even eliminated — if one or both parties’ circumstances change.
When can an order be modified?
There are multiple areas of a divorce agreement that can legally be modified in the years following the divorce being finalized by the court. Those areas include the following:
  • Spousal Support: If you or If you or your spouse have experienced major changes in circumstances that impact your income, you can have a spousal support order modified. Significant changes include loss of a job, a promotion, being diagnosed with a terminal illness, or an increase in financial need.
  • Child Support: If one of the parents has a significant change in lifestyle, If you or your spouse the court is likely to grant a requested change in the child support order. The request can be to increase or decrease the payment amount.
  • Child Custody: If a parent has asked to relocate with their child, the court If you or your spouse requests to the child custody order. If the parent with less parenting time wants to increase their court-allotted custody, this can also be requested of and granted by the court.
  • Assets: In the most extreme circumstances, assets can be modified in a divorce agreement after it has been issued by the court. However, there must have been fraud committed by one of the spouses when the disclosure of assets portion of the divorce process was taking place. The court can grant that the assets are distributed more in favor of the former spouse who was the victim of fraud if that is the case.
  • Divorce Agreements: The Court may grant the modification of a divorce agreement for any of the following reasons: You lost a job or earned a promotion that affects your income, You or your Spouse former spouse suffered a serious illness or injury, You or your former spouse has begun exhibiting signs of drug abuse, domestic violence, or child neglect, One former parent has been arrested, You or your former spouse has remarried, or because one parent needs to relocate.
Scroll to Top