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Family Law Questions & Answers

8/15/2018

16 Comments

 
What is Family Law? ​
​Divorce, child custody and support, spouse support or alimony, community property division, prenuptial agreements are all under the umbrella of Family Law.  This is an area of the law that presents the whole spectrum of human emotions.   Under family law we see denial, anger, bargaining, depression, frustration and acceptance.   However due to the volatility of human relationship,  family law becomes  an integral part of our justice system.  What follows are some answers to common family law questions.
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How long to get a divorce in California?

               Generally speaking a divorce is usually concluded within six months in California.  However a marriage will not automatically dissolve within six months.  There are procedures to be completed, forms to be filed and fees to be paid.
The lawyer for my ex keeps asking for my records and documents, should I provide them?   
A party to a divorce has the duty to fully and accurately disclose all assets and liabilities in which one or both parties have or may have an interest. This responsibility includes the duty to disclose all community assets. The failure to disclose, or provide inadequate disclosure, can be grounds for the court to set aside the entire judgment.  This means even after your divorce is completed, it can be reversed.
What’s the best way to gain custody of my child? 
The Court will look into what is in the best interest of the child.  You must honestly look at the situation that your child is in and decide whether you would be able to provide a more safe and nurturing environment.  If you believe that the other parent would not do a good job caring for the child then get ready to articulate your reasons if you go to court without an attorney.

I have not seen my child in years.  Can I still get custody? 
The family law judge would not instantly award you custody of the child.  You may first get some visitation time and gradually work your way to more custody.  You’ll need to prove that you can be a responsible parent and comply with court orders.  The next step will be to file a modification of custody.

How can I get spouse support?
​Obtaining spouse support can be complicated.  Try to consult with an attorney.  Generally, some experts argue that temporary spouse support is to enable one spouse to live in her accustomed manner or lifestyle during a divorce proceeding.  If one has a high standard of living during marriage and all of sudden, the divorce has left you without a roof on your head; you have good argument for support.

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What’s the difference between a legal separation and a divorce?  The main difference of course is that divorce dissolves the marriage.  One is again single and free to marry.  Legal separation does not terminate the marriage.  Some people use legal separation to get around the six month waiting period.  One can initially file for legal separation and then amend the petition once the residency requirement is met. 
               My house was fully-paid for before I got married.  Now that my wife filed for divorce can I keep my house?  Generally, property acquired before marriage are ordinarily the separate property of the spouse who acquired it.  Conversely, if you acquire property during marriage but after separation you may get to keep that property as your own.  See an attorney about this.
My child is with me in New Jersey and I have filed for child custody here.  Now my Ex-husband filed a case California to get custody of my child. 
Can he take my child?
  This is a very common question. Generally, unless there is an emergency, if there is a child custody proceeding in another state, a California Court will decline to hear the case especially if it determines that the parties will have hardship proceeding in California.  However, the California Court may retain jurisdiction over the issues of the case such as the divorce or community property division.

16 Comments
Mindy Jollie link
7/9/2019 03:31:56 pm

I appreciated your answer to the question about getting child custody after some time without seeing them. It's nice to know that even if it doesn't happen right away, you can work your way towards that. If I were going through a divorce, I would definitely want legal help that's aware and understanding of my situation.

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John L
7/9/2019 06:28:36 pm

Thank you so much for your feedback

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Hailey Miller link
1/26/2022 12:05:15 am

It got me when you said that a party to a divorce has the duty to fully and accurately disclose all assets and liabilities in which one or both parties have or may have an interest. This is helpful because my brother will file for divorce next month due to incompatibility. He is also hoping to find an experienced divorce lawyer on Monday who can speed up the divorce process and help him get full custody of his two sons.

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Kristofer Van Wagner link
2/17/2022 08:08:17 am

I do like that this post mentioned that when looking for an attorney, it is encouraged that we look at their track record. That way, we have an idea of how skilled they are. I will definitely keep this information in mind when I look to have an attorney hired.

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Victoria Addington link
3/22/2022 03:50:39 am

It made sense when you wrote that you should get an attorney is acquiring spouse support can be tough. My friend is having a hard time demanding support from her spouse for their children. I must tell her to consult with a family law attorney to know the best action to take.

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Orange County Divorce Attorneys link
4/2/2022 01:31:05 pm

Under family law we see denial, anger, bargaining, depression, frustration and acceptance. However due to the volatility of human relationship, Thank you for taking the time to write a great post!

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Orange County Family Law Attorneys link
4/2/2022 02:00:39 pm

If one has a high standard of living during marriage and all of sudden, I’m so thankful for your helpful post!

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Iris Smith link
10/12/2022 07:13:14 pm

I appreciate you saying that a party to a divorce has to disclose all assets and debts in which one or both parties have an interest in complete and precise detail. My friend and his husband got divorced. They have three children together. To assist my friend, I will locate a reliable family law specialist.

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John Carston link
10/12/2022 10:46:32 pm

I like how you mentioned that the ideal situation of your child is the msot important thing for the process. I have a cousin who is having issues with his wife because she doesn't want him to see my nephew because of major conflicts affecting their marriage. H e asked if I had any idea what would be the best option to do. Thanks for helping me understand how family law can help them with their problems. I'll convince him to discuss their problems with a trusted family law service.

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Steve Smith link
1/30/2023 04:32:44 pm

My favorite part of this article is the importance of all liabilities and assets would have a disclosure agreement for both parties. I have a cousin having issues with his wife because she doesn't want him to see my nephew because of conflicts affecting their marriage. He asked if I had any idea what would be the best option for the guardianship process. Thanks for helping me understand how family law can help them with their problems. I'll convince him to discuss their problems with trusted family lawyers.

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sneaky divorce link
4/6/2023 06:27:35 pm

"Thank you for addressing such important family law questions in your blog! As someone who has experienced the complexities of family law firsthand, I appreciate the informative and insightful answers you've provided. Your expertise in navigating sensitive family law matters shines through, and your commitment to helping others understand their legal rights and options is commendable. Keep up the great work in providing valuable resources for those seeking clarity on family law issues!"




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Family Lawyer UAE link
9/4/2023 01:34:33 am

Are you facing a family dispute and need expert legal advice? Look no further than our experienced Family Lawyer in UAE. With years of expertise in family law, we provide compassionate and reliable legal assistance to help you navigate through challenging times. Whether it's divorce, child custody, or property division, our dedicated team is here to protect your rights and advocate for your best interests. We understand the importance of family and strive to find amicable solutions for all parties involved. Trust our Family Lawyer UAE to provide personalized guidance and support for your legal matters. Contact us today for a consultation.

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Eli Richardson link
11/20/2023 10:27:59 am

Not long ago, one of my cousins mentioned she's in a fight with her soon-to-be ex-husband to get custody of their child. She wants full custody because her husband was never a good father and wasn't around during their child's surgery. I think she must find a lawyer, as you explained, to gain full custody and spouse support.

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Oscar McGuire link
12/20/2024 09:38:17 am

Explore our blog for expert answers to your family law questions. From divorce to custody and support, we provide clear, reliable guidance to help you move forward.

Reply
Mainor Ellis Injury Lawyers link
5/19/2025 11:33:45 pm

Lazaro Law Group's "Family Law Questions & Answers" provides clear insights into common family law issues in California. Topics covered include divorce timelines, child custody considerations, spousal support eligibility, and the distinctions between legal separation and divorce.

Our goal at Mainor Ellis Injury Lawyers is to achieve great results for our clients by doing everything in our power to see they get the care and compensation they need to recover as fully as possible from their injuries. If you or a loved one has been hurt by someone else’s negligence or misconduct, contact our experienced Las Vegas personal injury lawyers today.

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Car Accident lawyer Maryland link
6/6/2025 02:15:30 am

This blog is a great resource for anyone dealing with family law issues. The questions and answers are clear, easy to understand, and cover important topics that many people face during tough times. I especially appreciate how the information is presented in a way that’s not overwhelming. Family law can be very emotional and confusing, but your explanations help make things more manageable. Thank you for providing such helpful guidance.

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