Frequently Asked Questions About Divorce In California
At Klausner | Johnson LLP, we understand that the divorce process is often confusing. Below are some common questions that are often asked. For more information about our Orange County firm or to schedule a consultation to get answers to your other questions, call our lawyers at 949-220-1500 or email us.
Do I need a lawyer for my divorce?
There are many ups and downs that arise in a divorce case. The way to ensure that you are protected is to have an experienced attorney on your side. Our divorce lawyers are fluent in the language of the California laws that govern divorce and can help you understand how they will affect you.
Without an attorney, you are taking a risk with your rights to property, spousal support, child custody, child support and other issues involved in a divorce.
How long does a divorce take?
A divorce in California cannot be finalized for at least six months after the initial filing of the divorce petition and the serving of the papers to your spouse. This is just the basic timing of a divorce. Nearly all California divorces are completed and finalized within two years.
Each case is different and is dependent on many aspects, such as whether the case settles out of court or goes to trial. We believe it is much more important to ensure that your rights are fully exercised and protected than to quickly wrap up the divorce without a thought to how your future will be impacted.
What happens if my spouse does not want a divorce?
According to California law, it is not essential for both spouses to agree to the divorce. The divorce can proceed without any action from the other spouse. At the end of the case, a default judgment will be entered against the spouse and the divorce will be finalized.
Many spouses do not want the divorce but work to make the process contentious by arguing every point. Having our firm on your side can protect you in this type of situation.
What property do I get to keep in my divorce?
Since California is a community property state, you will be entitled to 50% of the assets accumulated from the date of the marriage to the date of the separation. Our firm can walk you through how property is divided, what types of property are subject to division (such as homes, personal property, businesses and more) and what this may look like for you.
Will I have to pay spousal support?
It may be possible that spousal support will be awarded in any divorce case. A judge makes a determination regarding spousal support by examining many different factors, including each party’s income, the length of the marriage, the age and health of each party, the financial contributions of each party to the marriage and more.
Our firm can help you understand what your spousal support obligations may be, so you are not blindsided by a judge’s ruling in the matter.
What happens if my spouse and I cannot agree on any terms in the divorce?
If you have tried to work out the aspects of the divorce with your spouse and have reached an impasse, a trial will take place. During this trial, both sides will present their evidence and argue their cases. A judge will then decide based upon the information presented and the California divorce laws.
Our lawyers are highly skilled litigators, having handled numerous divorce cases in court. We do not shy away from taking a case to trial if that is the best course of action to suit your needs and goals.