Frequently Asked Questions
If you are in a situation where you need to contact a family law attorney, you are likely overwhelmed and may not know what your next steps are. Our team at Lord & Brooker, APC, is here to answer your questions and discuss your case. In the meantime, please see some answers to frequently asked questions about family law cases.
How are assets divided in California in a divorce?
In California, all property acquired during the marriage is subject to division. This includes real estate, vehicles, businesses and retirement accounts. California approaches property division with the goal of ensuring both parties are on equal financial footing and can maintain their standard of living that they enjoyed during the marriage. However, this does not mean that the property will be divided 50/50.
How long does a divorce take in California?
How long your divorce takes depends on whether the divorce is contested or uncontested. If both parties agree on the vital terms of the divorce, including property division and child custody, the process moves faster. However, California has a six-month mandatory waiting period in divorce proceedings. This means that a divorce decree will not be issued until six months after filing the divorce petition.
What are the steps in the divorce process?
The first step for filing for divorce in California is to file a petition that begins the process. After filing the petition, both parties provide a financial disclosure that includes information about their assets and obligations. The court may provide a default judgment if the non-petitioning party does not file a response. If the parties both respond but cannot come to an agreement, the case may require litigation. Not all divorces have to end up in court. At Lord & Brooker, APC, we use our skills in negotiation to try and avoid lengthy and costly court battles. However, we can represent your interests in court if litigation is necessary.
How is child custody determined in California?
The most important consideration in a child custody case in California is the best interests and well-being of the child. When deciding on legal and physical custody, the court will consider various factors if the parties cannot come to an agreement on their own. The court will consider where the child attends school, the child’s needs and which parent has spent more time caring for the child in making a decision.
How does a restraining order work?
Protective orders may be filed in response to domestic violence against close relations such as a spouse, former partner or other family member. We work both with individuals who need to file a protective order and those who have had an order filed against them.
We Can Answer Your Questions
Don’t hesitate to contact us to get your questions answered. Our attorneys have decades of combined experience helping families in Redlands, Riverside and Temecula with various family law matters. Contact us today by calling 909-741-1623 or reach out to us online to schedule a consultation.