Frequently Asked Questions
How long does a California divorce take?
From the date of filing the minimum amount of time is six months as the law provides for a six month cooling off period during which some couples change their minds. In an uncontested divorce where both parties agree, the final settlement agreement can be completed in a very short time. Many divorces take longer and in some cases, where many issues are highly contested, a divorce may take more than a year. Working with a
Ventura divorce attorney who is adept in dispute resolution and problem solving can speed the process.
Why does the court award alimony (spousal support)?
The court must also look to determine what is fair. In some cases one spouse stayed home to raise children or set aside their own further education to assist the other to complete an education or succeed professionally. This can result in a disparity of earning potential. Spousal support may be awarded to allow the lower income spouse to see to raising the children, complete their education or raise their job skills.
After a divorce is final, can the amount of child support be changed?
As children mature, their needs can change. The other parent's income may go up or down. Your income may change. If there is a significant change in circumstances either parent may petition the court to increase or decrease the amount of child support to be paid. This is called a
modification to child support. This is most easily accomplished by mutual agreement between the parents but in the case of a dispute, could be resolved through
mediation or in a court trial.
What matters should be covered by a legal separation agreement?
A legal separation generally deals with the same issues as in a divorce. The difference is that both parties remain legally married and cannot remarry unless the union is dissolved. The agreement usually includes:
What is community property?
This is any property which the couple accumulated after they married until the time they separated. Community property includes cars, homes, bank accounts, retirement accounts, furniture, pets, loans, and credit card debts. Gifts and inheritances received before or during the time of the marriage are considered separate property. A knowledgeable divorce lawyer at Negley Law can explain the law and help you to determine which is which. In the case of complex financial matters such a business or other asset which may have existed before the marriage and both parties contributed to its growth since then, outside experts such as appraisers and accountants should be called upon.
Contact a Ventura divorce attorneyat our firm who can answer more specific questions concerning your particular circumstances.