Frequently Asked Questions

 

Persons receiving information found on this site should not act on this information without receiving professional legal counsel.

What is the difference between a legal separation and marital dissolution? In a marital dissolution (divorce) you file a petition requesting that the court terminate your marriage and decide all of the other issues in your case such as custody, support, and property division. In a legal separation action you file a petition requesting that the marital status remain intact (remain husband and wife), however, you can also request that the court decide all other issues in your case just as in a marital dissolution. Many people chose a legal separation for religious purposes, or when it is necessary to remain husband and wife so that a spouse can remain on the other spouse's health insurance plan. The only difference is that in a legal separation the marital status remains intact.

What is community property? The parties own community property equally. Whether an asset is community or separate is determined by the Source Rule. For instance earnings of the parties during marriage are community. Let's say that you and your spouse save $50,000.00 during the marriage from moneys earned during marriage and use it to purchase a house in both of your names. Since the money/source used to purchase the house is community coupled with the fact that both names are on title characterizes the house as a community asset. This is an oversimplification of how assets are characterized. Many issues arise in family law cases over characterization of assets. An experienced family law attorney can guide you through an analysis on the characterization of your assets.

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How is child support calculated? Child support is based on the incomes of the parties and the amount of time each party has with their child or children. The figures are put into a program that is used statewide called DissoMaster. There are web sites available on the DissoMaster program. If you have enough information on you and your spouse's income, a lawyer will be able to give you estimates and different scenarios on the amount of child support.

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How can we keep our dispute out of court? The collaborative divorce process and mediation are ways of keeping your dispute out of court. See collaborative divorce explained.

Mediation is a process whereby a neutral third party is chosen by both parties to assist them in resolving their case. The mediator will guide the parties through the process of reaching a mutually satisfactory agreement. Because the mediator is neutral, he or she cannot give the parties legal advice which is adverse to the other party. Even when going through mediation, each party should have their own consulting attorney to advise them of their legal rights, and the consequences of the agreement they are negotiating.

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What can I do to solve my child custody problem? The State of California's court system provides mediation services at no cost to parents involved in a custody case. The mediator is specially trained in assisting parents with reaching an agreement regarding their children. The State of California requires that the parties attend mediation before the court will hear a contested custody matter.

An experienced family law attorney can help you explore the different ways of resolving your custody problem. A consultation with the attorney is essential in developing options to reduce the chances of a custody dispute. It is well known that custody battles have a detrimental effect on children.

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