California Family Law, Divorce, Child Custody, Child Support, Visitation, Alimony, Community Property Lawyer & Attorney

 

Frequently asked questions related to California family law

We are pleased to provide this generalized frequently asked questions section on our web site.  Please note that the following frequently asked questions related to family law, are not meant as legal advice, but are provided by our firm for educational purposes only.  The bottom line is that if you have a family law matter, you should immediately call us for a free consultation.
 

Table of Contents

  1. What is the Difference between Divorce and Annulment?

  2. What are the requirements to get Divorced in California?

  3. How long does it take to get divorced in the state of California?

  4. What are the typical issues in a Divorce Case?

  5. Who is the Petitioner?

  6. Who is the Respondent?

  7. Who gets custody of the Children of the Marriage?

  8. How is Child Support Determined?

  9. Do I need a lawyer?

  10. How much is it going to cost to get divorced?

  11. What is alimony (Spousal support)?

  12. How long does alimony lasts?

  13. How is alimony determined?

  14. At what age is child support terminated?

  15. How do I retain your law firm to represent me?


What is the Difference between Divorce and Annulment?

Divorce is the process that is used in the court system to terminate a legal marriage.  Annulment is used in the Court system to terminate a marriage that is void or voidable from it's inception.

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What are the requirements to get Divorced in California?

To get divorced in the state of California you must have been a resident in the state of California for not less than six months before the petition for dissolution is filed.

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How long does it take to get divorced in the state of California?

The minimum time to obtain a divorce in the state of California is six months from the time the petition for dissolution of marriage is filed.

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What are the typical issues in a Divorce Case?

(1) Dissolution of marriage; (2) Child custody; (3) Child support; (4) Alimony (spousal support); (5) Division of community property; (6) The determination of separate property; (7) Qualified domestic relations orders.

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Who is the Petitioner?

The petitioner is the person who initiates and/or files the petition for dissolution of marriage.

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Who is the Respondent?

The respondent is the person who did not initiate and/or file the petition for dissolution of marriage, and is the person who has been served with, and/or responds to a petition for dissolution of marriage.

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Who gets custody of the Children of the Marriage?

Please see the child issues portion of our web site by clicking here now.

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How is Child Support Determined?

Please see the child issues portion of our web site by clicking here now.

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Do I need a lawyer?

Due to the complexity of the California family law system, and the high stakes that are involved in family law cases, we always recommend that you retain an attorney to represent your legal interests. It would be foolish to try to navigate the family law system on your own.

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How Much is it going to cost to get divorced?

Each divorce is different.  Obviously, if the parties to a divorce are amicable, and settle their case without litigation, then the cost will be nominal.  However, if the parties are not amicable and wish to fight each and every issue related to the case, then the cost could become substantial.

The good news is that the Law Offices of Norman Gregory Fernandez & Associates offers reasonable fees for our clients compared to other attorneys.  Furthermore, our law firm offers convenient payment plans. We will attempt to work with you to minimize your legal fees and get you through your divorce as quickly as possible.

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What is alimony (Spousal support)?

Alimony also known as spousal support in the California family law system, are payments made by one party in the action to the other party in the action, to temporarily maintain them in the lifestyle that they became accustomed to during marriage.  Spousal support payments are not automatic.

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How long does alimony lasts?

Typically when one party is ordered to pay spousal support to the other party, spousal support ordinarily is ordered for one half the duration of the marriage.  However, marriages longer than 10 years are considered long-term marriages in the state of California, and are eligible for lifetime spousal support depending upon the circumstances.

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How is alimony determined?

Alimony is determined by several factors.  Like child support, there exist a statutory guideline to help the court make a determination as to the amount of spousal support payments.  Spousal support payments are made at the discretion of the judge based upon the facts and circumstances of each individual case.

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At what age is child support terminated?

Child support is ordinarily paid until the child reaches majority, which is 18 years of age in the state of California.  However, if the child is still in high school at the time they become 18, then child support last until the child becomes 19. In certain circumstances the court may order child support to be paid past the age of majority when a child suffers from a major disability.

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How do I retain your law firm to represent me?

It's easy, simply call our law firm at 818-584-8831 extension 1 to schedule an appointment.  We understand that many people have never dealt with attorneys or the legal system before.  We understand that you might be nervous.  Furthermore, we understand how depressing a divorce or family Law situation can be.  Once you retain our law firm, you can be assured that you have hired a competent lawyer that will represent your interests diligently.  No attorney can ethically guarantee the results or outcome of any legal matter, however, we can guarantee that we will do our absolute best to get you through your legal matter as painlessly as possible.

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The Law Offices of Norman Gregory Fernandez
18685 Main Street #101-193
Huntington Beach, CA 92648
Phone: 949-383-5523
Email:
law@norman-law.com

Call Now 949-383-5523
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