Family Law Frequently Asked Questions
FAQ Answered by a Pasadena Family Lawyer
Family law matters and divorce can be highly emotional and difficult to
get through. It is imperative to be aware of the proper proceedings and
laws regarding your specific family law case. For help protecting your
rights and completing your case as quickly as possible, team up with a
family law attorney from the Law Offices of Makupson & Howard. We
can help you through your divorce or any type of custody or support matter.
Below we have answered some of the commonly asked questions regarding
family law and divorce in California, feel free to call our firm if you
have any additional questions about your unique situation.
When the court is making a decision regarding the custody of children,
they take into account several factors that are seen to determine the
best interest of the child. For help reaching the results that you need
and want in your custody battle, you need an experienced legal advocate
by your side.
If I lose my job, do I still have to pay child support or spousal maintenance?
Even if you lose your job, you do need to continue paying your
support orders. There is the opportunity for you to pursue a modification to the
order; however, if you suffer this type of financial hardship. This has
to be done through the court and you should not stop paying until the
court approves your modification.
Can the custodial parent move to another state?
If the custodial parent is looking to move out of state, the court has
to make a decision on the matter. The decision will depend on the best
interest of the child. If the court sees that it is in the child's
interest to stay in California and continue
visitation with the non-custodial parent, moving may be out of the question. If you
are the non-custodial parent in a situation like this, be proactive and
make it clear to the court that you want to continue visitation with your child.
Before you get married, it is beneficial for you and your spouse to create
a premarital agreement. This allows you to lay down the terms if you were
to ever get a divorce or if one spouse was to pass away. This also allows
you to keep your property separate and you can provide for children outside
of the marriage. A prenuptial agreement also allows protection from any
debts that the other party has going into the marriage. Without a prenup,
most property will be considered community property and the divorce process
can be much harder. You can have peace of mind that there are provisions
set if something ever went wrong with your marriage. If you have other
questions regarding prenuptial agreements in California, do not hesitate
to ask us. Our goal is to protect you and a prenup is one way to make
sure your rights are protected.
How long does a divorce take?
The length of time that a divorce takes depends on your specific case.
A divorce can take years if there are issues in making decisions between
the spouses. To make the process as quick as possible, it is beneficial
to have an experienced divorce lawyer in Pasadena by your side to move
the divorce matters along.
How is property divided in California?
When going through a divorce,
property division is one matter to be resolved. This is done by determining the property
that is separate and what is community property. Community property includes
all earnings, things and debts acquired during the marriage plus more.
Once this determination is made, community property will be divided equally
between the spouses. Separate property remains in the possession of the owner.
What determines if spousal support will be granted?
You may be able to receive
spousal support if you are a dependent spouse, but the court will make this determination.
The factors taken into account include:
- Both parties earning capacity
- The length of the marriage
- The age of both parties
- Ability to gain employment of both parties
- The standard of living in the marriage
There are many other elements that can be involved in making spousal support
decisions; it is beneficial to have an experienced family law lawyer to
represent your case.
Do I need a lawyer for a divorce?
It is advised to team up with an attorney who is familiar with the
divorce process in Pasadena. Divorce can be complicated and reaching the agreements
that you want can take time. In order to make sure your rights are protected
and your needs are fought for, seek representation from a lawyer. We can
work on your behalf to reach your desired end result.
Obtain Representation from a Pasadena Family Attorney
If you are going through a divorce or facing any type of family law issue,
contact our firm for help. We have
more than 50 years of experience assisting clients in family law cases and we can help you as well.
Contact us now to set up an appointment for a
consultation with our legal team.