Top 10 Frequently Asked Questions PDF Print E-mail

A divorce can take years to process through the family court system. Technically, you can have your marriage status terminated within six (6) months after filing for divorce. However, a “status divorce” may cause complications on life and health policies as well as retirement benefits.

The cost for a divorce will depend on how reasonably the parties behave. Some contested divorces can cost thousands of dollars and other divorces can be resolved amicably for a reasonable amount of money. If the parties can quickly come to an agreement they can live with, it can save them a lot of money and irritation.

California uses a complicated child support formula to calculate child support. The formula is based on the parties' incomes or earning capabilities and the time-share with the children. In addition to basic child support, each parent normally will have to pay one half (1/2) of the childcare to allow the custodial parent to work and one half (1/2) of the uncovered medical expenses.

Both parents have a duty to support their minor children until the child reaches the age of 18, or 19 if they are still in high school.

Normally, if both parties work and make the same income, the court will not order spousal support to either party. However, if you have a significant difference in income, the court will order spousal support.

The longer the marriage was, the longer the liability for long term spousal support. California considers a marriage of over 10 years to be a long-term marriage. The court will normally not terminate the right to order spousal support in a long-term marriage. For marriages of less than 10 years, the court usually uses the rule of thumb of half the length of marriage.

California is a community property state. All property and assets acquired during the marriage will normally be divided equally. This includes any pensions or retirement benefits. If the wife has a pension, the husband has a right up to 50% of the pension accumulated during the marriage.

The court will make a ruling as to which parent will be the "primary custodial parent" and which parent will be the "non-custodial parent". An example of a typical custody arrangement is where the non-custodial parent gets a 20% visitation share with his or her children. The 20% visitation schedule is normally made up a s follows: Alternating weekends and one mid-week visitation from 5-8 p.m., usually a Wednesday. Each case is different and depends on the specific circumstances of the parents and children.

Child support can always be modified if one party's income or parenting time-share has changed substantially. The usual rule of thumb is a change of support can occur if either party has a 10% change in income. A major change of visitation time by the non-custodial parent can also trigger a change in the child support order.

Although the courts tend to favor stability in custodial arrangements, the court will consider a change of custody if there is a “substantial change in circumstances” in the lives of the children or interested parties.

 

 

Search Our Website

RocketTheme Joomla Templates

Men's Legal Center®, Family Law Advocates • 940 "C" Street • San Diego, CA 92101 • (619) 234-3838
Only licensed to practice in the State of California
Copyright © 2006-08 Men's Legal Center® | Privacy Notice | Website
Click to verify BBB accreditation and to see a BBB
report.