Divorce & Family Law FAQ
How Do I Know if I Will Be Able to Get Spousal Support?
The court determined which partner is eligible to receive spousal support
based on a certain formula, which includes the length of time of the marriage,
the earning capacity of each partner and the lifestyle changes that will
be faced when the marriage is dissolved. A marriage over 10 years is considered
a marriage of long duration and one ex-spouse may be required to pay spousal
support for the life of the other person, or until remarriage. In some
cases, neither party will be awarded spousal support. In other cases,
there is temporary support ordered by the court while one ex-spouse is
retrained to increase their ability to earn a living. If you are concerned
about a divorce and spousal support, it is critical that you contact our firm.
How Can I Be Sure that I Will Get Custody?
In our state, the court will focus on the best interests of the children.
They usually look for a solution in which both parents can spend time
with the children, whether in visitation or shared custody. When there
are factors that are a danger to the child or children, such as drug use,
alcoholism or other factors, the court will likely determine that the
parent exhibiting these behaviors will have certain restrictions and would
likely not get physical custody. Accusations regarding drug or alcohol
or other factors must be fully documented and proven.
Is There Any Way to Avoid a Court Case in a Divorce?
If you and your ex choose to resolve all the vital matters of your divorce,
including child custody, child support, visitation, property division
and spousal support and can do so without intervention, you have the bonus
of being allowed to divorce with your own decision making determining
the outcome. This also allows you to avoid exposing your personal business
in open court. These divorces must have the agreements fully and correctly
documented for the court.
How Long Before a Divorce Is Final?
The state requires six months after the divorce papers have been served.
Once all court matters have been resolved and agreements reached, the
divorce can move towards being finalized.
Have additional questions? Contact the Rancho Cucamonga divorce lawyer
from James D. Madden, Attorney at Law today.