FAQ

In California, parties can be divorced in six months and one day after the initial petition was filed and served. However, a divorce is not finalized until issues such as property division, child custody and visitation, and spousal support have been resolved and a judgment entered by the Court. However, parties are unable to reach an agreement on all issues within six months and need additional time to finalize details. In the event parties cannot reach a consensus, they can file a Request for Order to submit their issue to the Court where it will be reviewed and determined by a Judge. It should be noted that it can take several months to have your day in Court.

In essence, the duration of a divorce is often determined by the parties and their willingness to reach an agreement and finalize the terms of their divorce.

While there is not one sole factor used to determine the amount of child support ordered, the most common considerations are the parent’s income, time spent with the child(ren), and the number of children to be supported. In addition to facts and figures, the Court also considers the emotional, physical, and educational needs of the children. For instance, the Court is mandated to order as additional child support, child care costs related to employment or necessary education or training, and the reasonable uninsured health care costs for the child(ren). The court may also order as additional child support, costs related to education or special needs of the child(ren) and travel expenses for visitation. The manner in which theses expenses are computed and apportioned between the parties is governed by Family Code, Section 4061.

There are many avenues one can pursue to enforce support orders. The most common is an order to withhold, also known as garnishment. This document can be used in collection of either child support or spousal support if the party is a wage earning (W-2) employee and continues so long as the judgment is in full force and effect or until the paying party leaves the employer.

Another options is filing a motion for contempt with the Court. Contempt is an enforcement remedy which enables the Court to compel compliance with its valid orders. Generally, a person who willfully disobeys any lawful Court order that they have knowledge of and have the ability to obey is deemed in contempt of Court and may be required to perform community service or be punished by a fine or imprisonment, or both. Further, there are also certain circumstances where attorney’s fees and costs can be requested in conjunction with the enforcement of orders. However, be aware that you have a three year time period from the date payment was due (but not paid) to file a Contempt action against the other parent.

Securing compliance with Court orders for support can be complicated and determining which method to pursue enforcement should reviewed with the help of an attorney.

Presenting a family law issue before the Court for resolution is often an expensive and lengthy process. As such, many wish to avoid the financial and emotional headache often associated with going to Court. While there is no guaranteed approach to avoiding a courtroom, there are actions that can minimize the necessity of appearing before a judge. One of the initial actions is prioritizing issues of most importance and working with an attorney to concentrate on resolving those issues. In addition to prioritizing issues, being forthcoming with financial and other disclosures is an important step. Such disclosures are not only mandated by the Court but being honest can avoid extra expenses in the form of fees or sanctions that can be levied by the Court if a party is found hiding or disposing of assets. Another step is to follow agreements and orders. Disobeying orders is a quick way to end up in Court before a judge and can cost additional fees and sanctions. Finally, taking care of oneself physically, emotionally, and economically is extremely important. If you aren’t in the right frame of mind or feeling financial pressure you could make decisions which cost you more in the long run.

The California Family Code provides that in a family law case, the Court can order the spouse in a superior financial position to pay a contribution toward the attorney fees of the other spouse with the goal of assuring each party has access to legal representation to preserve each party's rights. The goal of awarding attorneys fee is not the redistribution of money from the greater income party to the lesser income party.

The Courts are directed to consider other factors when making an order regarding attorney’s fees, such as the conduct of each party and how that conduct promotes or frustrates the policy of law to promote settling cases. However, these considerations for fee orders can be more like sanctions than need based fees.

With certain exceptions, all property (real and personal) that is acquired by a married person during the marriage while living in California is considered community property. Married persons share equal interests in community property and exercise equal rights with respect to management and control of the community property. Generally speaking, separate property includes all property owned before the marriage, or acquired after the marriage or separation by gift, bequest, devise, or descent. Additionally, the rents, issues, and profits on a spouse’s separate property are also separate property of that spouse. There are, however, other methods of determining the character of property. Regardless of time of acquisition, spouses are allowed to change the character of the property. For example, making community property into the separate property of one’s spouse, making a spouse’s separate property into community property, or making one spouse’s property into the separate property of the other spouse. Such changes in the character of the property is referred to as transmutation.