Family Law Department 

• California is a no-fault divorce state. The court does not care why you are getting divorced. They will usually refuse to hear the nasty reasons for the divorce. Sometimes if these reasons have a bearing on the well being of the children they can still get in. 
• California has a cooling off period. Therefore no matter how fast your lawyer works, California requires a minimum of six months to pass after the spouse is served with the divorce paperwork. With other time factors this may mean it will take you about seven months to have your divorce finalized from the time you see the attorney. Complicated divorces may take more time but a motion can be made to terminate the divorce itself even though other issues will be decided at a later date.
• California is a community property state. This means that all income you or your spouse earn from the time that you marry until the time you separate and all purchase and expenditures during that time are generally equally owned and owed by the two of you. Some exceptions to community property would be property that you had prior to the marriage that you can still track and gifts or inheritances during the marriage that you can still track. A Pre-Nuptual Agreement may be utilized to protect what otherwise might be considered community property or perhaps even to limit or eliminate spousal support (alimony).
• California will consider awarding child support and spousal support (alimony). Spousal support is generally based on the length of the marriage and the relative incomes and earning capacities of the parties.
• CUSTODY OF MINORS - California law does not give either the mom or dad any legal advantage in obtaining custody of the children. Mothers get custody more often than dads for a number of reasons.
• They are more often and by tradition the primary care taker - especially when they are a stay at home mom. The child is very young and still being breast fed. The father doesn't fight the issue. The particular judge or commissioner hearing the case has some personal bias. The court does not generally look at the relative incomes of the parties as it will make an adjustment via the award of child support. Fathers do get custody in a substantial number of cases.
• Factors the court looks into revolve around the question of what is in the best interest of the child. This may lead the court to look at the family history - who has been the primary care taker. The status quo - what is the existing situation regarding custody and visitation and how long has it existed. Abuses - is either parent abusive. Stability of the parent. Drug use, medical and mental conditions - these may effect custody decisions. As the children get older they too will have an input in custody decisions.
• Convictions of domestic violence or charges of sexual abuse may be determinative. 
• When there is a child custody dispute there will be a conciliation hearing. The court conciliator tries to get the parents to work out an agreement on custody and visitation without the attorneys. In hotly disputed custody cases there may be a child custody investigator appointed or even a psychologist or psychiatrist involved. 
• CHILD SUPPORT - California has guidelines based on the income of the parties and the amount of time they have with the children to determine what child support should be. In addition to basic child support the court will normally order continuation of insurance, a division of excess medical bills, and contributions to child care when needed. Support normally continues until the child is eighteen or if still in high school until nineteen.  Continued>>

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Law Offices of L. Rob Werner

Email: info@1800rlawyer.com

Telephone: 1-800-R-LAWYER (1-800-752-9937)