Divorce For Men
Frequently Asked Questions
These answers should in no way be construed as legal advice. For more in-depth and personalized information, give us a call at 1 (800) DIVORCE or fill out a free case review online. Our managing attorney will look at the details, assess your situation, and give you your options over the phone free of charge.
How Long Does Divorce Take In California?
California has a six-month waiting period before a divorce can be finalized.
That’s the minimum amount of time between filing the initial paperwork and finalizing your divorce. Depending on the circumstance, however, it often takes much longer.
For shorter marriages with no children and little property, divorce can go relatively quickly.
But the more you have to deal with, the more complicated things become and the longer they usually take.
How Does Jurisdiction Affect Divorce?
Laws regarding the division of property, custody, support payments, and more vary from state to state. It’s vital to know which divorce laws apply to you and how they may impact your case.
Should You File For Divorce First?
There are potential advantages and disadvantages to filing for divorce first, depending on the circumstances. Having a strategy in place is usually more important than being first out of the gate.
Can Adultery Affect A Divorce In California?
Adultery often destroys a marriage, but the impact on the actual divorce process is not usually as significant as many people believe.
How Are Assets and Property Divided In A Divorce?
California follows community property statutes. This means the government views any property acquired during a marriage as belonging to both spouses and divides it as such.
What Are The Differences Between Legal Separation and Divorce?
Though divorce and legal separation often resemble each other on the surface, the key difference is that, with separation, the marriage remains technically intact.
Should You Move Out Of Your Home During Divorce?
Unless the court orders you to vacate or it is unsafe, moving out of a shared home during the divorce process may actually harm your case in multiple ways.
What Are The Different Types Of Custody In California?
There are four types of child custody in California, each with a unique set of conditions.
The four types are legal custody, physical custody, sole custody, and joint custody.
In most cases, the court pulls pieces from the different areas to create the final custody arrangement.
What Does A Guardian Ad Litem Do?
A Guardian ad Litem is an outside adult appointed by the court to represent a child’s best interests in a custody case. They investigate and report their findings.
How Does Birdnesting Work?
Birdnesting is a custody arrangement where the children remain in the shared home and the parents are the ones who rotate in and out.
How Do You Find The Best Custody Lawyer?
Finding the best custody lawyer is really about finding the best fit for your case. A good place to start is knowing what your situation needs and finding an attorney who fits those parameters.
How Can You Hurt Your Own Child Custody Case?
All too often people make easily avoidable mistakes, errors, and lapses in judgment that have significant and lasting consequences on their custody cases.
Marijuana And Child Custody: Can I still Smoke Weed?
From a strict letter-of-the-law perspective, legal marijuana parallels alcohol use. However, it isn’t always treated the same way in reality.
How Can Military Service Affect Child Custody And Divorce?
Military service can impact divorce and custody cases, but the government has taken measures to protect the rights and interests of service members during deployment.
What Is Child Support?
Child support provides for the ongoing care and support of your children.
Payments cover basic necessities, like a safe, secure place to live, medical care, food, and clothes.
Child support payments can even extend to things like education and child care.
How Are Child Support Payments Calculated?
There is an actual mathematical formula used to determine child support. It factors in the income of both parents, parenting time, level of need, and other elements.
Can You Modify Child Support Payments In California
It is possible to modify the amount of child support payments. However, it’s usually a long, difficult process to undertake.
What Do You Do If Your Ex Isn't Making Payments?
If your ex refuses to make court-ordered child support payments, you may have to take them to court. But the good news is, you do have legal recourse.
Can You Calculate Your Own Responsibility?
Yes. In California, child support takes a wide array of financial factors into account, but it follows a strict, uniform formula.
Who Is Entitled To Receive Child Support Payments?
The primary parent, the one with the most overnights and who spends the most time with the child, generally receives child support.
How Long Do Support Payments Last?
Child support ends when the child turns 18 or graduates from high school, whichever comes later. There are, however, cases where it can continue longer.
What Are A Fathers' Rights?
Barring extreme circumstances, a father has the right to:
Remain a regular, meaningful part of his child’s life.
Pursue primary guardianship.
Petition the court for child support if awarded primary custody.
Have regular visitation free from interference by the other parent.
How Do You Find The Best Child Custody Attorney?
In reality, we're talking about “the best fit for YOUR case.” Similar case experience, knowledge of local laws, specialization, and affordibilty to name a few.
How Is Paternity Established In California?
Paternity for an unmarried father can be established through DNA testing or by using a paternity affidavit.
What Is Birdnesting?
Birdnesting is a custody arrangement where the children remain in the shared home and the parents are the ones who rotate in and out.
How Do You Fight False Abuse Allegations in Divorce?
False abuse allegations happen all too frequently in divorce and custody proceedings and can damage your case in a number of ways.
How Are Restraining Orders Used In Family Law?
Restraining orders can limit contact between spouses, prevent withdrawals from shared accounts, stop your ex from running up debts, and more while the divorce is pending.
How Can Moving Out During Divorce Affect Custody and Support?
Moving out can create a “new normal” in a child’s routine and the courts are often reluctant to alter a child’s schedule following a divorce.
How Is Property Divided In California?
California follows community property guidelines. These laws view all assets acquired during a marriage as joint property.
That doesn’t, however, mean the court splits everything in half.
The aim is for a fair and equitable division and for both spouses to emerge on relatively even footing and to enjoy a standard of living similar to what they experienced during the marriage.
How Does Spousal Support Payments(Alimony) Work In California?
California has two kinds of spousal support. Depending on the circumstances, the court may award temporary or permanent support.
Can You Purchase a House During the Divorce Process?
You can buy a house or make other major purchases during the divorce process, but you need to take steps to protect yourself and your investment.
Does Adultery Impact No-Fault Divorce In California?
Adultery often destroys a marriage, but the impact on the actual divorce process is not usually as significant as many people believe.
How Is Debt Divided in California During Divorce?
There are some exceptions, but for the most part, the courts view debt as belonging to both spouses, regardless of who is responsible.
Can You File For Bankruptcy During a Divorce?
Filing for bankruptcy freezes all financial matters, including property division. Until you conclude bankruptcy proceedings, you won’t be able to finalize your divorce.
Can Your Business Be Divided During a Divorce?
Yes, a business is, in most circumstances, a divisible asset in a divorce. There are, however, a number of hurdles and concerns to be aware of in the process.