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Divorce & Family Law FAQ

Get Qualified Answers from an Experienced Rancho Cucamonga Divorce Attorney

Q: What does the term "no-fault" divorce mean?
Q: How is an annulment different from a divorce?
Q: Should I settle my divorce or take the case to trial?
Q: How is the property divided in a divorce case?
Q: Who is more likely to be granted child custody, the mother or the father?
Q: Can I modify the child custody agreement?
Q: How long are we obligated to pay child support?
Q: What happens if the other parent fails to pay child support?
Q: What are my options if I am subject to family violence?
Q: Should I file for a prenuptial agreement?

What does the term "no-fault" divorce mean?

California is a no-fault divorce state which means that the court is not concerned with your reason behind getting a divorce. Some states require that you prove fault of the other party such as committing adultery or spousal abuse. However, today one party can file for a divorce by simply stating that the marriage is irretrievably broken and the two parties have irreconcilable differences.

How is an annulment different from a divorce?

A divorce puts an end to the marriage that once existed. However, an annulment is request to make is as if the marriage never existed, wiping the slate clean. Annulments are only granted to couples under certain conditions.

Should I settle my divorce or take the case to trial?

Whenever possible we encourage clients to settle the case outside of court, using trial litigation as the last resort. The court encourages people to use alternate dispute resolution tactics in order to save everyone both time and money. However, some highly disputed cases are too complex to settle outside of court and are better resolved at trial.

How is the property divided in a divorce case?

When you file for a divorce all the property will be divided up by marital property and separate property. Marital property is considered to be anything that you and your spouse acquired together during the marriage. All marital property will be divided up between the two parties. Separate property is anything that you received from a third party as a gift or form of inheritance. All separate property remains with the original owner.

Who is more likely to be granted child custody, the mother or the father?

In today's society the court is not permitted to make decisions based on gender preference. The custody agreement should be based off of the child's needs and best interests.

Can I modify the child custody agreement?

There is a way to have the child custody agreement modified upon court approval. Sometimes there is a time limit that must pass and you must also be able to show a change in circumstances for you or the other party. Visitation and child support can also be modified.

How long are we obligated to pay child support?

In California both parents are required to financially support their children until they reach the age of 18. There are other outlying factors such as the child getting married, becoming emancipated, graduating from high school or joining the military. However, in cases where the child has special needs and cannot support themselves, child support could be extended.

What happens if the other parent fails to pay child support?

In California there are enforcement methods available to help you collect past due support. Speak with your divorce attorney about all your options including wage garnishment, contempt of court, arrest and more.

What are my options if I am subject to family violence?

If you are suffering from spousal abuse or any type of domestic violence, be sure to take swift legal action to ensure your safety. There are ways to file a restraining order so that you are removed from the bad situation. Speak with a family lawyer at my firm without delay.

Should I file for a prenuptial agreement?

If there are assets that you would like to keep separate so they are not subject to division in a divorce, then a prenuptial agreement could be right for you. A prenup can also help you protect the best interests of any existing children.

If you have any further questions, please do not hesitate to contact my Rancho Cucamonga office. I can offer you a complimentary case evaluation!

The Law Office of Stephanie J. Squires & Associates, APLC 909-907-8783

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