Lazaro Law Group
  • Legal Expertise
  • What's New
  • Visa Bulletin
  • Law and Society
  • About
  • Media
  • Reviews
  • Contact

WHAT'S NEW

Family Law Questions & Answers

8/15/2018

11 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.
Picture
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.

Picture
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.

11 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.

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

Thank you so much for your feedback

Reply
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.

Reply
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.

Reply
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.

Reply
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!

Reply
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!

Reply
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.

Reply
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.

Reply
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.

Reply
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!"




Reply



Leave a Reply.

    Archives

    January 2023
    December 2022
    October 2022
    February 2021
    January 2021
    December 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    August 2019
    July 2019
    June 2019
    February 2019
    October 2018
    August 2018
    July 2018
    April 2018
    January 2018
    November 2017
    September 2017
    August 2017
    January 2017
    December 2016
    November 2016
    October 2016

    Categories

    All
    Business
    Deportation
    Estate Planning
    Family Law
    Immigration
    Immigration News Weekly
    Tourist
    Visa

    RSS Feed

CONTACT

100 Pine Street,
​Suite 1250,
San Francisco, CA 94111

​​​Tel: 510-485-0036
Toll-Free: 866-237-9555
​
​​law@lazarolaw.com 
39675 Cedar Boulevard, Suite 250,
Newark, CA 94560

    SUBSCRIBE TO OUR NEWSLETTER
    ​

SUBSCRIBE




Photos used under Creative Commons from NLNY, weiss_paarz_photos
  • Legal Expertise
  • What's New
  • Visa Bulletin
  • Law and Society
  • About
  • Media
  • Reviews
  • Contact