Frequently Asked Questions
WHAT ARE THE LEGAL GROUNDS FOR GETTING DIVORCED?
California is a no-fault state, and only requires a failure of the marriage instead of the fault of a spouse as grounds for divorce. Common bases for a divorce are “irreconcilable differences” or “irretrievable breakdown” which make it so the marriage should be dissolved.
HOW ARE ASSETS DIVIDED IN A DIVORCE?
Spouses are free to divide their property through a “Marital Settlement Agreement.” A marital settlement agreement is an agreement memorializing the settled issues in the divorce including division of property, child custody and support.
However, if the parties are not able to reach an agreement, then the Court must make a determination on how your marital assets and debts should be divided.
WHO GETS CUSTODY OF OUR CHILDREN?
If you are not able to come to an agreement with the other parent, custody and parenting time will be decided by the court. Generally, a court will determine custody based on the Best Interest of the Child. Meaning, the court will consider various factors regarding your particular child(ren) in order to make custody orders.
HOW IS CHILD SUPPORT DETERMINED?
Child support is determined by reviewing both parents’ current monthly income and the amount of time each parent spends with the child.
WHAT IS SPOUSAL SUPPORT AND HOW IS IT DETERMINED?
Spousal support is court-ordered support that one spouse pays the other for the length of the divorce proceeding, and/or for a period after a final judgement. The amount and duration of support is discretionary, and a court will consider numerous factors, including the length of marriage, when ordering support.