Divorce FAQ
Our Roseville Lawyer Answers Common Questions
At the Law Offices of Frank F. Ali, we receive many questions regarding
divorce and we are intent on helping our clients understand the process. The information
provided on this page is designed to answer some of the more commonly
asked questions that you may have regarding California divorce.
For more information about divorce, call us at (916) 745-8444 for a consultation.
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How long does divorce take?
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Why do I need an attorney?
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Should I compromise to speed the process along?
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Do I need a lawyer for an uncontested divorce?
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Can my divorce order be modified?
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What is community property?
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Can I gain some of the advantages without a divorce?
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How is child support determined in California?
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Can I have my marriage annulled?
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How is child custody determined?
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What is the difference between legal and physical custody?
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What are my options if I don't receive custody rights?
Answers to Your Questions
How long does divorce take?
It is hard to say. The various circumstances of your case – such as
asset division and
custody – that must be resolved will contribute to the length of the process.
Also, whether you and your spouse are in agreement regarding these issues
or whether you will need to fight for your rights in court will make the
process longer or shorter. You could expect the process to take anywhere
from a few months to several years. Click here to find out more on
how long divorce takes.
Why do I need an attorney?
Without representation on your side, you could incur various court orders
and provisions that are highly undesirable and possibly even detrimental
to your future. In trial, you will need to work to convince the judge
of your need for certain provisions, and if you are unable to do this,
your spouse may obtain the financial support they want and leave you with
little for your own future.
Should I compromise to speed the process along?
Divorce mediation provides a fast and amicable alternative to courtroom litigation. Divorce
is provided as a means of relief, but if you compromise in all aspects
of the negotiations, then you may not be left with the provisions you
need for your future. It is advisable that you compromise in some areas
but consult with your attorney before proceeding in this way.
Do I need a lawyer for an uncontested divorce?
Yes. While mediation provides the opportunity for a faster divorce process,
there are many cases in which one spouse will compromise and be in agreement
in order to hide other assets or deter attention from an asset that they
wish to keep. This can result in extremely unfair division of assets,
and you need representation to help you pursue the division that you need
in your case. Click here to find out if you
need an attorney for your uncontested divorce.
Can my divorce order be modified?
A divorce can make terms that will remain with you for life. The outcomes
of them can have a significant impact on you and your children. Since
the court recognizes that the situation at the time of the divorce is
not always going to be the same situation, they do allow for changes to
be sought. For those that are seeking to have a modification made, the
judge will want to see that there has been a certain level of change in
the circumstances that warrants for an alteration to be made. This can
be the loss of a job, a change in the needs of a child, a parent that
has proven more capable of being in contact with their child and other
situations that are deemed reason enough by the courts. Click here to
find out more about
divorce modification.
What is community property?
Each state has their own way that they can choose to divide property amongst
a couple that is ending their marriage. California is a community property
state which means that they will divide property into separate and community
property based on certain factors such as when it was acquired. Separate
property is often what was gained before marriage or as a gift or inheritance
during the marriage.
Community property was gained during the marriage by either of the two
spouses. That which is considered community property will be divided amongst
the two, even if one of them was primarily responsible for the financial
gain. It is important to have separate and community property established
in a way that works for you.
Can I gain some of the advantages without a divorce?
A legal separation is the best choice for many couples. They may not want
to end the marriage for religious purposes or are not yet ready to file.
This can break some of the ties without officially ending the marriage
before the court.
How is child support determined in California?
In the state of California, both parents have a responsibility of paying
for their child, even if the parents were not married. To assess child
support, the incomes of both parties, custody, and how much time the non-custodial
parent has with the child will be reviewed.
Can I have my marriage annulled?
Not everyone has the option of pursuing an annulment and there will be
certain situations that need to exist in order for you to be eligible.
In California, the legal reasons for why an annulment may be allowed include
the following:
- The relationship is incestuous which automatically makes the marriage not valid.
- A marriage is also automatically not valid when a spouse is already married.
- One of the individuals was of unsound mind and unable to understand the
situation when getting married.
- There is a prior marriage or domestic partnership where the other party
was absent for five or more years or was thought to be dead.
- The individual seeking the annulment was under 18 when they married.
- A spouse is physically incapacitated while entering into the marriage and
appears as though they will not recover.
- Force was used to get the party to enter into the marriage
- The marriage resulted under fraud.
These terms exist for those who are married or in a domestic partnership.
An annulment is not necessarily dependent on the amount of time that you
have been married for. Even if you have been married for a short time,
you may find difficulty in convincing the judge to grant the annulment.
Working with an attorney may help to strengthen your case and provide
for a stronger argument. For those who are unable to receive an annulment,
a divorce or legal separation can still be pursued.
How is child custody determined?
Some couples are able to come to an agreement together on what is best
for the child and how time will be spent with each parent. A plan will
need to be developed that lays out how the couple intends to parent together,
while not being in a relationship. The court may choose to approve this
or can make adjustments.
If the couple is unable to make the decision together, then the case can
be turned over to the court. Custody may be divided in a number of ways
but the court often tries to have both parents involved if possible. Their
main concern is what is in the best interest of the child and they will
assess if having a relationship with both parents falls in line with that.
What is the difference between legal and physical custody?
There are two types of custody orders: legal custody and physical custody.
Legal custody refers to the right to make important decisions when it
comes to the education, healthcare, welfare and even physical custody
of the child. Physical custody refers to who it is that the children live
with. Legal and physical custody may not always be evenly divided amongst a couple
What are my options if I don't receive custody rights?
You may not have been granted any legal rights with your child in regards
to custody but there may still be the option of seeking the right to visit
with them. Through an agreement with the other parent or through a decision
from the court, you may be able to have regular visitation with your child
and a plan will need to be scheduled to better determine this. Visitation
can be a valuable thing to gain and it can allow you to maintain a relationship
with your child even if they are primarily living with the other parent.
In the future it may also be possible to seek a modification of these
terms so that you are able to gain more rights with your child.
Retain Our Family Law Services in Placer County Today
We understand the severity of the situation that you face, and you can
be sure that we will work with you to pursue a favorable outcome if you
choose to work with us. At the
Law Offices of Frank F. Ali, we are dedicated to providing excellent representation and pursuing favorable
outcomes for our clients. We take the time to inform and educate our clients
so that they may make educated decisions. Seek the skillful and experienced
legal assistance of our attorney today!
Call
(916) 745-8444 today for
a legal consultation.