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Family Law 101: Your Top Questions Answered

Father carrying his daughter on his shoulders while holding a kite.

If you’re looking for more information on family law matters, we’ve got you covered. Our family law attorneys are well-versed on the ins-and-outs of the laws and rules pertaining to these cases, and we can use our insider insight to help you. If you have more questions, feel free to contact us at any time.

What is considered family law?

Family law encompasses all legal matters related to the family. This may include divorce, child custody, child support, alimony/spousal support, relocation, and more. It may also touch on matters include pre and post-nuptial agreements, visitation rights, and military divorce.

What does it cost to get a divorce in California?

In California, the average cost to get a divorce is roughly $17,500. However, there are a number of factors that could alter that number such as whether or not children are involved, the amount of time it takes to finalize the divorce, high net-worth matters, and more.

Your situation may vary and discussing your family law matter with an attorney can give you a more accurate estimate.

How does family law work?

Family law matters are dependent on the exact type of case involved. Typically, as part of a general rule, the process goes as such:

  • One party files the necessary paperwork (this can be divorce papers or a claim for child custody or support)
  • A request for order action may be filed with the case or after it has been opened.
  • Both parties may present their case, along with their legal counsel, to the courts.
  • The court will make a decision regarding all matters involved.
  • The orders are finalized and the couple must agree to abide by the decision.

Do I need an attorney?

It is highly recommended you appoint an attorney to help you through any family law proceedings. The American Bar Association states it is on a good idea to discuss any family law matters with an experienced professional.

What are the grounds for divorce?

In the state of California, divorces are strictly seen as no-fault situations. This means that the most common reason for a divorce is that the couple has encountered irreconcilable differences. They can’t allege that wrongdoing was the cause for the divorce.

While California is a “no-fault” divorce state, there are still specific requirements that must be met, such as one spouse being a resident of the state for a minimum of 6 months (or 180 days) before filing for the divorce.

Can you appeal a family law ruling?

Yes, you may be able to file an appeal of the court’s ruling regarding family law. However, it must be done only after the final judgment is made. You must have a viable reason for appealing the decision.

You should also be aware that temporary orders may not be appealed. These are not considered final judgments, thus they may not be appealed.

Are prenuptial agreements a good idea?

Any kind of agreement that protects the assets of the parties involved should be considered a good idea. Prenuptial agreements are often difficult to discuss with a significant other because it brings up the connotation that the marriage won’t work.

However, it should be looked as a mutual agreement between both parties to ensure assets are protected.

For a free consultation, contact our Rancho Cucamonga divorce lawyers at (909) 726-7112.