If you’re facing a divorce in San Ramon, you might feel overwhelmed by the complexity of the process and unsure about what steps to take. Understanding the basics of divorce and having access to key information can empower you and provide a sense of control over the outcome. As the saying goes, “knowledge is power,” and having this knowledge will help you navigate the journey ahead. Below, read questions and answers we often get as San Ramon divorce attorneys, and a list of questions you should ask your lawyer as you face this process.
Frequently Asked Questions about California Divorces
The Basics
Q: How do I start the divorce process?
A: The first step in many divorce cases is consulting a California family lawyer. While hiring a family law attorney is not mandatory, having one can be immensely beneficial. An experienced divorce attorney can provide critical information about what to expect and advocate for your best interests throughout the process.
Q: Will I need to go to court?
A: While the divorce paperwork must be filed with the court, most divorce cases are resolved without litigation. Often, parties can reach an agreement independently, with the assistance of their attorneys, or through mediation or other dispute resolution methods.
Q: Do I need to have a reason to file for divorce in California?
A: In California, divorces are typically based on irreconcilable differences, indicating that the marriage is no longer sustainable due to ongoing conflicts or challenges. This state operates under a “no-fault” divorce system, meaning that couples can dissolve their marriage without assigning blame to either party. Additionally, divorce may be granted if one spouse is incapacitated, incarcerated, or if the marriage is annulled under specific circumstances.
Q: How long do divorce proceedings take?
A: Divorce proceedings involve several stages and can vary in duration. California law mandates a six-month waiting period from the filing date to the finalization of the divorce, ensuring couples have ample time to consider reconciliation. However, the actual timeline for completion can extend beyond this period, especially in cases involving complex assets, child custody disputes, or other legal complexities.
Q: Are there alternatives to going to court?
A: Yes, mediation offers a constructive alternative to traditional court proceedings for couples seeking an amicable resolution. Through mediation, spouses can collaborate with a neutral third-party mediator to negotiate terms of the divorce, including property division, child custody, and support arrangements. Mediation not only expedites the process but also maintains confidentiality, as discussions remain private and are not part of the public record.
Q: Do I need an attorney?
A: While not mandatory, seeking guidance from a skilled divorce attorney is highly recommended, especially in cases involving contentious issues such as child custody, alimony, or complex marital assets. An experienced attorney can provide invaluable legal advice, advocate for your rights, and ensure that your interests are protected throughout the divorce proceedings.
Considering the Children
Q: How is child custody determined?
A: If parents cannot agree on custody and parenting time, the court will make the decision based on various factors outlined in California Family Code Sections 3011 and 3020. The court’s primary concern is the best interests of the child, considering the child’s health, safety, and welfare.
Q: Does the mother always get custody?
A: No, California law prohibits judges from considering gender when determining custody. Both parents are presumed to be equally capable of providing care unless proven otherwise (California Family Code Section 3040(a)(1)).
Q: How is child support determined?
A: Child support amounts are calculated using a formula provided in California Family Code Section 4055. This formula takes into account both parents’ incomes, the time each parent spends with the child, the number of children, and the total net disposable income available.
Assets and Debts
Q: How is property division handled during a divorce?
A: California is a “community property” state, meaning any property acquired during the marriage (excluding gifts and inheritances) is considered jointly owned and will typically be divided equally between the spouses.
Q: Will I have to pay my spouse’s debts?
A: Debts incurred during the marriage are generally considered community property. However, if one spouse incurs debt out of spite or fraudulently, the court may assign responsibility for that debt solely to the person who incurred it.
Alimony/Spousal Support
Q: Is alimony always ordered?
A: Alimony is often appropriate in cases where there is a significant economic disparity between the spouses’ post-divorce. Judges consider factors such as the age and health of both parties, earning capacities, debts and property arrangements, any career or educational sacrifices made by one spouse to support the other, and the impact on children if the custodial parent returns to work.
Q: How is alimony calculated?
A: The calculation of alimony is based on local court guidelines and considers factors including the standard of living during the marriage, the length of the marriage, each party’s earning capacity, and any history of domestic violence or abuse.
Questions to Ask Your San Ramon Divorce Attorney
When you first meet with your San Ramon divorce attorney, it’s important to ask the right questions to ensure they are the best fit for your case. Here are some questions to consider:
- What is your experience with divorce cases in San Ramon?
- How do you approach divorce cases?
- What is your strategy for my case?
- How will you communicate with me throughout the process?
- What are the potential outcomes of my case?
- How do you handle negotiations and settlements?
- What are your fees and billing practices?
These questions can help you gauge the attorney’s experience, communication style, and approach to handling your case, ensuring you find someone who aligns with your needs and expectations.
Call Whipple Mercado and Associates Today
If you’re facing a divorce in San Ramon, you don’t have to go through it alone. At Whipple Mercado and Associates, we are dedicated to guiding you through the process with compassion and expertise. Our experienced team understands the complexities of California family law and will work tirelessly to protect your interests and achieve the best possible outcome for you and your family.
Remember, with the right information and support, you can take control of your divorce process and move forward with your life. Contact us today.