FAQs
How do I start a divorce in California?
A California divorce generally begins by filing a petition and summons with the appropriate court and legally serving the other spouse. Both parties must exchange financial disclosures and resolve property, debt, support, custody, and parenting-time issues before the court can enter a final judgment.
Working with an experienced child support lawyer such as the Law Office of Shelly Jean John, can help protect your rights and make sure child support calculations, custody agreements, and asset divisions are handled accurately throughout the legal process.
How long does a divorce take in California?
Working through a divorce involves both emotional and practical legal hurdles. Across the country, divorce remains a common legal process.
When going through the legal process in California specifically, time is a key factor to keep in mind. According to Justia Law, California divorce can't be finalized until at least six months after the respondent was served or appeared in the case. However, six months is only the minimum timeline. A contested divorce involving custody, support, property, or incomplete financial disclosures can take substantially longer to resolve.
If you're looking for a recommended child support lawyer, consulting an experienced local family law practice can help make sure your child support calculations and custody arrangements are handled accurately during the process.
How does a California court decide child custody?
California courts decide custody according to the child’s best interests. The judge may consider the child’s health, safety, stability, caregiving history, each parent’s ability to care for the child, and any history of abuse or substance misuse. An exactly equal parenting schedule is not automatic.
Working through these factors and presenting a compelling case often requires the guidance of a dedicated custody lawyer who can help advocate for a parenting schedule that protects both your rights and your child's well-being.
How is child support calculated in California?
California uses a statewide guideline formula to calculate child support. The calculation considers each parent’s income, the amount of parenting time, tax factors, health-insurance expenses, mandatory deductions, and certain child-related costs. Accurate and current financial information is essential to determining the proper amount.
Partnering with an experienced custody lawyer can help you present accurate parenting-time calculations and financial documentation to make sure child support and custody orders reflect the best interests of your family.
How is property divided in a California divorce?
California generally treats assets and debts acquired during marriage as community property and divides them equally. Separate property usually remains with its owner. Complications may arise involving homes, businesses, inheritances, reimbursements, commingled funds, and disputes concerning the date of separation.
When facing complicated property division or financial disputes, working with a knowledgeable division of assets attorney is critical to securing your fair share and making sure community assets and debts are accurately identified and valued.