If you’re having issues that necessitate a family law attorney in California, then you likely have a lot of questions. At Law Offices of Torrence L. Howell, we wanted to provide you with simple answers to some of the most frequently asked questions we see. However, if you have additional questions then we urge you to call us at (909) 920-0908 for your free case evaluation.
What’s the first step in filing for divorce?
The good news is that filing for divorce in California is actually pretty simple. It all starts with filing a Petition for Dissolution. You’ll also have to pay a small filing fee and have your spouse served with papers. As your family law attorney, Law Offices of Torrence L. Howell will ensure that your paperwork is done correctly before we file it.
Does my spouse have to agree with the divorce?
Absolutely not. Thankfully, in the state of California, your divorce will proceed even if your spouse doesn’t agree to it or participate in it. However, keep in mind that while they’re not able to legally contest the actual divorce, they certainly can contest child support, child custody, alimony, and property division.
How exactly does alimony work?
In most cases, alimony is a monthly payment that the higher-earning spouse mays to their spouse with a lower earning capacity. It should be enough that the spouse receiving support is able to continue living a lifestyle in the same manner as they were when they were married. When we work on an alimony agreement for you, it will include:
- The amount of alimony paid.
- How long alimony will be paid.
- A payment schedule for paying alimony.
- How costs of living will be adjusted over time, if applicable.
If you and your soon-to-be former spouse can’t come to an agreement, then we’ll have to take your case to court. The judge will then base the alimony based on a basic alimony calculator that they then adjust for your specific needs and circumstances.
What are the child custody options?
Your agreement for child custody will cover both who has physical custody of the child and who has legal custody of the child. Essentially, physical custody refers to whose home the child lives in, while legal custody refers to who makes legal decisions for the child. In some cases, a parent isn’t able to have joint physical custody but they will want joint legal custody. There are many different types of custody agreements available and the hope is always that both parties can come to an agreement that’s in the best interest of the child or children involved.
If you’re considering divorce then your first step is very simple: Calling a family law attorney. At Law Offices of Torrence L. Howell, we are here to help you through this complicated time. Call us today at (909) 920-0908 for your free legal evaluation.
