How long does it take to get a divorce in California? How long does it take to get a divorce in California? Well, there are two separate dates to keep in mind - 1) when the case has been completed and a Judgment entered, and 2) when a divorce is terminated. Divorce - The clock starts ticking as soon as the other party is served [...] By Sandra McCarthy|January 24th, 2021|Divorce Column 2, Divorce FAQs|Comments Off on How long does it take to get a divorce in California? Read More
How can I settle my divorce without going to court? If you and your spouse cannot agree, you may be able to use mediation to resolve your divorce disputes. Mediation allows each party to discuss concerns and specific issues that need to be resolved. If divorce issues can be settled through mediation, then the divorce case can proceed as an uncontested matter and most likely [...] By Sandra McCarthy|January 23rd, 2021|Divorce FAQs, Divorce Column 2|Comments Off on How can I settle my divorce without going to court? Read More
Can the parties agree to waive the required Financial Disclosures? California law requires financial disclosure in divorce. This means that both parties are mandated by law to exchange financial information which includes a statement of assets and debts and community and separate property. There are two disclosures that are required under California law, the preliminary disclosure and the final disclosure. When the parties sign a marital settlement [...] By Sandra McCarthy|January 21st, 2021|Divorce Column 2, Divorce FAQs|Comments Off on Can the parties agree to waive the required Financial Disclosures? Read More
Do I need to hire an attorney to file for a divorce? If you and your spouse agree to all the issues, you do not need to hire an attorney to file an uncontested divorce. Most people can navigate through the family law system on their own accord with the help of A People’s Choice for the paperwork. On the other hand, if the matter becomes contested, [...] By Sandra McCarthy|January 20th, 2021|Divorce FAQs, Divorce Column 2|Comments Off on Do I need to hire an attorney to file for a divorce? Read More
My spouse cheated. Do I have to still pay support? The faithfulness of a spouse generally has no bearing on child or spousal support. California family law requires both parents to pay child support. However, one parent may be required to pay more support than the other if he/she earns more money and spends less time with the child. By Sandra McCarthy|January 19th, 2021|Divorce FAQs, Divorce Column 2|Comments Off on My spouse cheated. Do I have to still pay support? Read More
How can I obtain a child custody and support order? Either party can file a Request for Order to have the court make a temporary child custody, visitation and/or support order. This triggers the court scheduling a mandatory mediation sessions. Some courts also require the parties to attend a pre-mediation class or a parenting class. Most child custody disputes are settled through the mediation process. [...] By Sandra McCarthy|January 15th, 2021|Divorce FAQs|Comments Off on How can I obtain a child custody and support order? Read More
How will my marital assets and debts be divided? Although California community property laws require courts to divide marital assets between both spouses 50/50, the parties can mutually agree to any other division they feel is fair and equitable. If the parties do not agree, then most likely the court will divide all community assets and debts down the middle between both parties. This [...] By Sandra McCarthy|January 13th, 2021|Divorce FAQs|Comments Off on How will my marital assets and debts be divided? Read More
Do documents need to be notarized? Most family law documents that are filed with the court do not require notarization. The one exception is the Marital Settlement Agreement which will need to be signed in front of a notary by both parties. By Sandra McCarthy|June 15th, 2018|Divorce FAQs|Comments Off on Do documents need to be notarized? Read More
I received a Notice of Entry of Judgment. Is my case over? If you received a Notice of Entry of Judgment, this usually means that the court has approved and entered a Judgment in your case. If you and your spouse signed a Marital Settlement Agreement, the Judgment will have that agreement attached which has now become a court order. Take a look at the Notice of [...] By Sandra McCarthy|December 3rd, 2017|Divorce FAQs|Comments Off on I received a Notice of Entry of Judgment. Is my case over? Read More
I am not a California resident. Can I file for divorce in California? California law requires a person to live within the state for at least six months prior to filing for divorce. If you do not meet this criteria, you may be able to for legal separation. Afterwards, once you have lived in the state for six months, you can amend your legal separation documents and file [...] By Sandra McCarthy|December 3rd, 2017|Divorce FAQs|Comments Off on I am not a California resident. Can I file for divorce in California? Read More