Q. How long will spousal support be paid?
A. There is no set rule, but generally it is one half the length of the marriage. However if your marriage lasted more than 10 years, the court cannot just arbitrarily stop support.
Q. How long will it take to get a divorce?
A. There is a waiting period of a minimum of six months from the date of service of Petition for Dissolution. Often, depending upon the complexity of the case it takes much longer.
Q. Is my spouse required to work?
A. In most cases, all parties have an obligation to make best efforts to become self-sufficient. No one is allowed to intentionally decrease their income to avoid support obligations.
Q. How does the court determine the amount of support?
A. The rules for temporary support pending the divorce are substantially different than those for permanent support after the divorce. In calculating temporary support, the State of California Legislature has created a mathematical formula with strict guidelines.
Q. My spouse does not want to share time with the children. What can I do?
A. You have several options to obtain adequate visitation time with your children. You can either file a motion requesting visitation or you and your spouse can voluntarily sign up for orientation and mediation through Family Court Services to discuss a possible visitation schedule.
Q. Why can't I just go to trial and show what a bad person my spouse is?
A. California is a 'No Fault' divorce state and in most cases, the court is not interested in the transgressions of your spouse.
Q. Who pays for the divorce?
A. You must pay the initial retainer to the attorney who is representing you, but the court may later charge attorney's fees to the party with the largest income.
Q. How is property and other assets divided?
A. The general rule is everything acquired during the marriage is divided equally between the parties. There are come exceptions such as gifts and inheritance to this rule.
Q. How long do I have to pay child support?
A. Which ever comes first: the child reaches age 19, or has attained age 18 and either is not a full time student or is self supporting, the child dies, or the child enters into a valid marriage, or becomes emancipated.
Q. Do I have a right to my spouse's retirement after the divorce?
A. If your spouse earned a portion of that retirement during the marriage, you will be entitled to your community share.
