Facts and Questions
Divorce
What are the grounds for dissolution of marriage in California?
How long must I live in California before legally filing for a California dissolution of marriage?
How long does a California Divorce take?
What does Alternative Dispute Resolution (ADR) in California Divorce Cases mean?
Is court necessary if both spouses agree to the terms of divorce?
What is the definition of Spousal Support or Alimony?
Child Support
How is California child support determined?
How is child support collected?
How long do child support payments continue?
What is the start date from which child support payments begin?
How can I collect past due child support (arrearages)?
Divorce
What are the grounds for dissolution of marriage in California?
In the state of California, a married person may petition and receive a divorce even if the other spouse disagrees.
In the California State Statutes, there are only two grounds for a dissolution of marriage:
1) Irreconcilable Differences, which have caused an irrevocable breakdown of the marriage
2) Incurable Insanity, in which a spouse is insane.
How long must I live in California before legally filing for a California dissolution of marriage?
In a California divorce, one of the spouses must have been an established California resident for a continuous period of at least a six-months. The spouse must have also been a resident of the County in which the Dissolution of Marriage Petition is filed for at least three continuous months.
How long does a California Divorce take?
Once I file a petition for divorce, how long will it take to terminate the marital status?
A California Divorce requires six months to pass from the time the spouse (Respondent) is served with the Summons and Petition papers.
What does Alternative Dispute Resolution (ADR) in California Divorce Cases mean?
In California, alternative dispute resolution (ADR), including, mediation, conciliation court, and collaborative law, (although not available in all counties) allow the parties in a family law case to work toward resolutions in a more agreeable manner and less hostile manner.
Is court necessary if both spouses agree to the terms of divorce?
In many cases, the terms of a divorce may be agreed upon by both parties and their attorneys before going to court. In the case that all parties agree to the terms, a Marital Settlement Agreement may be created and the court will issue a Judgment of Dissolution of Marriage. Going to court is only necessary when the parties are unable to agree to all terms.
What is the definition of Spousal Support or Alimony?
Spousal support is the obligation of one spouse to support the other spouse during and even after the dissolution of a marriage. In California, the court takes into consideration numerous factors to determine the amount of spousal support after a divorce including, but not limited to:
-How long was the marriage?
-Does one spouse have a substantially larger income than the other?
-Are there minor children involved?
-Who will have custody of the minor children?
-Will child support be paid to either spouse?
-Is there community property and how will it be divided? (4320 factors)
Child Support
How is California child support determined?
The judge in a Dissolution of Marriage case must calculate the total net monthly incomes of both parents. The judge will take into account welfare payments and which parent has custody of the children. He will then calculate a minimum amount of child support to be paid to the custodial parent. However the court often requires an amount much higher than the statutory minimum.
The algorithm for calculating the amount of child support under the child support guidelines is highly complicated and requires a computer program to calculate. For this reason it is imperative that you hire a qualified California family Law attorney to inform and represent you in a child support claim.
How is child support collected?
In most cases, child support is collected through a wage assignment, unless other arrangements are made and agreed to by the court. Wage assignment is the direct deduction of wages from the paycheck of the person who is required to pay child support.
How long do child support payments continue?
Different factors affect the length of time that a spouse is required to pay child support. In some cases payments cease when a child reaches the age of 18, however if the child has not graduated from high school the payments continue until the child is 19 or graduates from high school, whichever happens first. Parents may mutually agree that child support will carry on while a child is in college.
What is the start date from which child support payments begin?
Depending on the facts in any given case, the court may order that a spouse pay child support from the date of the child support order or may back-date payments to the date that a case is filed, the date of the hearing or the date that the spouse is served. Because of the variations in how and why a judge makes his decisions regarding child support, it is extremely important to hire an experienced family law attorney to assist you in claiming child support properly and in a timely matter. |
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The information presented on this website should not be construed as official legal advice. It is always important to speak directly to a lawyer about the circumstances of your specific case, which may vary greatly from those presented below.
If you have a question or are considering a divorce or other family legal action: call the family legal specialists and skilled attorneys at John Anderson Law for a free confidential initial consultation regarding your family legal matter.
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