Family Law FAQ
Answers from Rancho Cucamonga Family Law Lawyers
- How do I know if I will be able to get spousal support in a divorce?
The court determines which partner is eligible to receive spousal support based on a certain formula, which includes the length of time of the marriage, the earning capacity of each partner, and the lifestyle changes that will be faced when the marriage is dissolved.
A marriage over 10 years is considered a marriage of long duration and one ex-spouse may be required to pay spousal support for the life of the other person, or until remarriage. In some cases, neither party will be awarded spousal support. In other cases, there is temporary support ordered by the court while one ex-spouse is retrained to increase their ability to earn a living. If you are concerned about spousal support, contact a Rancho Cucamonga divorce lawyer from Chung & Ignacio, LLP.
- How can I be sure that I will get custody of my children?
In our state, the court will focus on the best interests of the children. They usually look for a solution in which both parents can spend time with the children, whether in visitation or shared custody.
When there are factors that are a danger to the child or children, such as drug use, alcoholism or other factors, the court will likely determine that the parent exhibiting these behaviors will have certain restrictions and would likely not get physical custody. Accusations regarding drug, alcohol or other factors must be fully documented and proven in such cases.
- Is there any way to avoid a court case in a divorce?
If you and your ex are able to resolve all the vital matters of your divorce, including child custody, child support, visitation, property division and spousal support and can do so without intervention, you have the option to pursue an uncontested divorce. This also allows you to avoid exposing your personal business in open court. These divorces must have the agreements fully and correctly documented for the court.
- How long before a divorce is final?
The state requires 6 months after the divorce papers have been served.