Family Law

Frequently Asked Questions About Divorcing In California

Divorce is very often an incredibly unsettling experience, causing an abundance of stress and confusion for both the divorcing parties and the rest of their family members. Taking the time to educate yourself on the basics of the divorce process before you contact a divorce law attorney in Orange, CA is one way you can reduce your anxiety level and start transitioning into your new stage of life as peacefully as possible.

• Are There Any Advantages To Filing For A Divorce Before Your Spouse?
• Which Party Generally Has To Pay Alimony Or Spousal Support In A Divorce?
• What Factors Does The Court Consider In Determining Child Custody?

Will I Be Able To Ask For Temporary Spousal Support While My Divorce Case Is Pending?

According to California divorce law, a spouse may be granted temporary spousal maintenance while their divorce is pending, if needed in order to support themselves. The court may or may not continue temporary spousal maintenance after the divorce is final. A judge can order one party to pay spousal maintenance to the other while he or she completes any necessary job training or higher education in the interest of employment that will allow them to fully support themselves and their children in the future.

It is important to understand that in the legal context, the word temporary does not always mean that the spousal maintenance will come to an end. It only means when the specified temporary period comes to an end, the receiving party is required to show the judge why spousal maintenance payments should continue. If you plan to ask a judge for temporary spousal maintenance, it is imperative that you be represented by a qualified divorce law attorney in Orange, California for your best chance at succeeding.

How Long Will My Divorce Take To Be Finalized In Orange, CA And How Much Will It Cost?

California divorce law requires a six-month minimum waiting period before a divorce can technically be finalized. However, this does not in any way guarantee that your divorce will be handled within that time period. If there are any contested issues present in your case, such as child custody, even when working with an experienced Orange, California divorce law lawyer, mediation or even a trial may become necessary. Then, the process could easily take at least a year.

When it comes to the potential costs of a divorce, the price will vary depending upon whether or not the parties are able to agree on all the issues at hand, including the division of marital property, finances, and custody of minor children. The average total cost of divorcing in California is around $14,000, including the fees to your Orange, CA divorce law attorney.

How Is Property Divided In A California Divorce Case?

California a community property state. What this means for you and your spouse is that your assets will be divided equally between the two of you. All property will be divided into community property, quasi-community property, and separate property. All of your marital property, which will include all pensions, retirement accounts, and employment benefits that have not been consistently maintained separately by one spouse, are considered community property and will be subject to being divided in half by the court.

When you are facing the division of all of the assets you have worked hard for many years to acquire in Orange, California, is absolutely essential that you worth with a skilled family law attorney throughout the entire process to protect your rights and interests despite the emotional nature of the issues.

Why Can’t I Just Represent Myself In My Divorce Case? Why Would I Need An Orange, CA Family Law Attorney?

If your car broke down and refused to start, you would take it to a mechanic to be repaired. If you were ill, you would go to a doctor to be given medical care. If your marriage has fallen apart and you need a divorce, you should go to an experienced divorce law attorney in Orange, CA, who can provide you with the legal advocacy you need to protect your rights. When you hire an attorney, he or she can help you negotiate with your spouse and put the issues within your divorce on your own terms, instead of having your futures and the futures of your children decided by a judge whom you’ve never even met.

Legally speaking, you are allowed to represent yourself in your divorce case in California, but there is very little chance that you will get all to which you are entitled, if you choose to do so. You will very likely leave something rather important out. Perhaps you will overlook an old retirement account or life insurance policy that you may have been entitled to. Once your divorce is final, it is too late. Representing yourself in your divorce case is not at all worth the risk. You will be glad that you invested in an experienced Orange, CA family law attorney.