Frequently Asked Questions pertaining to family law, child suppport, divorce proceedings, legal costs and much more. Excellent Riverside County California Family Law Information

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Frequently Asked California Divorce Information

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How long does a divorce take?
A divorce in California always takes a minimum of six months. While a divorce can take longer, it may never be shorter. This is called a waiting period.

When does the waiting period begin?

Can my spouse prevent me from getting a divorce?
California is called a no-fault state. Either spouse may divorce the other one for any reason. Consent is not required.

How is property divided?
California is a community property state. Each party is entitled to one-half of any money or property that was accumulated during the marriage. However, not all property is community. If the one party received property or money as the result of a gift, personal injury settlement, or inheritance, that money remains the separate property of the party who received it.

How is custody determined?
Child custody is generally determined by keeping the children with the primary caretaker. This is generally the person who is responsible for the children's daily needs, such as taking the children to the doctor, taking them to school, caring for them during the day, putting them to bed at night, etc. One parent will generally have more time than the other to give the children more stability.

How is child support determined?
child support is determined by a state-mandated formula, and takes into account a number of factors, including the amount of time each parent sees the child, the number of children, each party?s income, and each party?s tax filing status. Additional child support may be ordered for child care expenses and health care costs.

Will I have to pay spousal support?
Chances are if you make significantly more money than your spouse, you will have to pay spousal support. The general rule is that you will be expected to pay for one-half the number of years you were married, unless your spouse becomes self-sufficient, moves in with someone or remarries.

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