California Divorce FAQ
Answers from a Pasadena Divorce Lawyer
Do you have questions regarding your divorce, child support or legal proceedings?
Contacting an attorney can help you fully understand all angles of your
specific case, but below are some frequently asked questions when it comes
to family law practices:
Q: Do I need an attorney to file a divorce?
Q: Do I have to pay child support?
Q: Can I maintain custody of my children?
Q: Will I need to pay spousal support?
Q: How often will I get to see my children?
Q: I want to move, how will this affect my divorce?
Q: How do I maintain my rights as a father?
Do I need an attorney to file a divorce?
No. It is perfectly fine for you to go through divorce proceedings without
retaining an attorney. However, we strongly suggest that you DO have an
attorney on your side. Divorce law can be difficult to understand and
an attorney can help you defend your rights. Especially if this is a
high net worth divorce, or there are children involved, we recommend the counsel of an attorney.
Do I have to pay child support?
Yes. You will have to pay child support until your child has turned 18
years old. This includes if you move out of state. You must maintain your
legal duty in fulfilling your role as a parent even if your visitation
rights have been taken away or the other parent has violated them. Legally,
a court does not need to modify child support if a parent violates visitation
rights, but you may file for a
modification.
It is possible to maintain custody of your minor child. Various court systems
and judges will be looking for specific issues to make sure that you are
the right parent to have custody of the child. The child's best interests
are always considered first. If you have a full-time job, stability in
your household and can prove that you are a responsible parent, you may
be granted custody. Custody can be primary or split. If you are not granted
support, you may have to pay
child support to your ex-spouse.
Will I need to pay spousal support?
Paying
spousal support depends on a few factors. Spousal support, also known as alimony, is paid
to an ex-spouse when the ex is accustomed to living a certain way while
in the marriage. If you make a significant amount of money more than your
ex, and their sole purpose was to stay home and maintain a large house
and family, you may have to pay alimony to them. Spousal support is a
sensitive issue, because although the marriage has ended, you may still
have to pay financial aid to your ex-spouse.
How often will I get to see my children?
How often you are allowed
visitation rights depends on custody. If you are granted primary
custody of your children, you will see them almost every day. If you are in a joint custody situation,
you may only see them a few times a week, on weekends or even just holidays
and a few times a year.
Moving out of state or away from a city where you are paying alimony or
in a joint custody case can be tricky. If you are not the primary caregiver
of your children, you will still have to pay child support to the other parent.
Modifications can be made to your ruling, but an attorney should assist you in doing
so. If you are considering moving and are paying alimony or support,
contact an attorney first.
How do I maintain my rights as a father?
Maintaining rights as a father can be hard. Most of the time, it is the
mother who is granted custody regardless if you are a more fit parent.
Contacting an attorney who understands all the laws governing
father's rights can greatly help your case. You should be allowed visitation and custody
of your children. Do not let your rights be taken away!