The process of ending your marriage can feel very overwhelming. To get answers to your specific questions, contact Brown & Lipinsky, LLP to discuss your divorce and family law questions.
- How long will it take to finalize my divorce?
- Should I move out of my marital home?
- Do I need evidence of my spouse’s affair for my divorce proceeding or custody fight?
- How is my child support amount determined?
- Can I get child support before my divorce is final?
- Do I qualify for spousal support?
- What is the difference between divorce and legal separation? Any benefits either way?
Meet With Our Divorce Lawyers For An Initial Consultation
The attorneys at Brown & Lipinsky, LLP defend your rights in personal injury, family law, and employment law matters. If you believe your rights are in danger, do not delay contacting us. Call 909.597.2445 or contact us online for an initial consultation. We serve clients in Pomona, Chino Hills, Riverside, Ontario, Orange County, Los Angeles county and the entire Inland Empire region of Southern California.
How Long Will It Take To Finalize My Divorce?
The time needed to finalize your divorce depends upon many factors. Divorce proceedings can be complicated by any custodial disputes you may have with the other parent, the number of assets you and your spouse share and whether they must be sold. Your and your spouse’s ability to resolve your differences on your own may also affect the time needed to finalize your divorce. The faster you can resolve any custody disputes or division of property, for instance, the sooner your divorce can be finalized. In no event can your divorce be concluded in a time frame less than 6 months from the initial filing of divorce paperwork.
Should I Move Out Of My Marital Home?
Unless there is a chance or possibility for domestic violence to occur between you and your significant other, there is no legal reason to move out of the marital home. Deciding who should have the marital home or whether it should be sold can be complicated.
An attorney at Brown & Lipinsky, LLP can best explain your rights and help you decide what move to make.
Do I Need Evidence Of My Spouse’s Affair For My Divorce Proceeding Or Custody Fight?
No, you do not need evidence of your spouse’s infidelity. California is a no-fault jurisdiction, which means that it does not matter which party is at fault for causing the marriage to fail. Also, an affair is not an issue in a child custody dispute unless the other parent can establish that the presence of the third person is detrimental to the child’s health, safety, welfare or best interests.
How Is My Child Support Amount Determined?
The California Family Law Code sets the guidelines for determining the child support amount. According to the Code there are several variables to be considered, including —
- Amount that each parent earns
- Percentage of time each parent spends with the child
- Money Spent on day care so that either parent or both can work
- Health care costs paid by the parents
Can I Get Child Support Before My Divorce Is Final?
Yes, you usually can get court-ordered child support within two to three months of filing your divorce petition. Remember, the sooner you file your petition, the sooner you will be able to seek child support.
Do I Qualify For Spousal Support?
If you earn less than your spouse, you may be able to collect spousal support. If you are a stay-at-home parent and the other parent is the primary earner, you may receive spousal support for a certain period of time. The amount of time you receive support typically depends on how long you were married and how qualified you are to return to work and support yourself.
What Is The Difference Between Divorce And Legal Separation? Any Benefits Either Way?
Divorce is the final termination of your status as a married person to your spouse. Legal Separation can have all of the same characteristics as a divorce, except a judgment of Legal Separation means that you are still married to the spouse, but that you are legally separated. The benefit of divorce is that you are totally and completely done with that spouse and you are free to re-marry once your divorce becomes final. If you have a judgment of Legal Separation, then you are not free to re-marry unless and until you divorce your spouse. Individuals typically seek a Legal Separation as opposed to a divorce when they are member(s) of a certain religion that does not permit divorce or when one of the parties may be required to stay on the health insurance policy of the spouse. A decree of divorce will terminate the health care benefits, while a decree of Legal Separation will not.
Get your questions answered – call me for your free, 20 min phone consultation 909-480-3234