Frequently Asked Questions About California Family Law
I have dedicated my legal career to practicing family law. At Challoner Law, I help families in Santa Rosa and Sonoma County resolve their legal conflicts. In my years of practice, I have been asked several questions, and offer anwers to the most common questions here. However, in family law, every case is unique. If you have questions about your specific circumstances, I invite you to schedule an initial consultation. These appointments are confidential and give me the chance to answer your questions about your specific situation.
What are the grounds for dissolution in California?
California is a no-fault divorce state. Most divorce proceedings will state that the parties have irreconcilable differences. This means that there is no hope for the couple to resolve their differences enough to stay married. In California, a divorce can also be granted for incurable insanity.
Who can file for divorce in California?
You or your spouse must have lived in California for at least six months and in the county for three months before you file. You or your attorney must file a number of papers, including a petition for dissolution unless your spouse has filed first. If your spouse has filed a lawsuit, you will be required to file a response or risk a default judgment.
Do I have to go to court to get divorced?
Every divorce is different. In some divorces where the parties are able to work together in a settlement negotiation or with a mediator to resolve their differences, they may be able to proceed with minimal court involvement in their divorce. In high-conflict scenarios or divorces that involve abuse, the court may need to be more involved.
In other words, some divorces require extensive involvement with an attorney representing your interests, while others can be resolved efficiently and effectively with minimal attorney involvement.
What happens to our children when we separate?
If possible, you and the other parent should agree on physical and legal custody and who will take care of the children. If you cannot agree, a county superior court judge in California will make the final decision for you. This is a stressful process, but it will be better for everyone if you can keep your children’s best interests in mind.
What is the difference between legal and physical custody?
Essentially, legal custody is the right to make decisions about education, health care and other important issues for your children. Legal custody can be sole (you make all the decisions yourself) or joint (both parents make these decisions).
Physical custody means that the child lives with you. Physical custody can be sole (the child lives exclusively with you) or joint (the child lives at both houses on a regular basis). The parent who doesn’t have physical custody will usually have visitation rights.
Do I really need a lawyer to get divorced?
In a divorce, you can choose to represent yourself. However, while you might save money by not retaining a divorce lawyer to represent you, you will risk significant long-term costs. Without a lawyer on your side, you are at risk of making decisions that could negatively affect your financial future. Plus, if your spouse has a lawyer and you don’t, you may find yourself at a serious disadvantage. An experienced divorce attorney can represent your interests and protect your rights in the division of your property, child custody, financial support and any other factors that might be at issue in your divorce.
Schedule A Consultation With A Sonoma County Family Lawyer
Do you still have questions? I would be happy to answer them. You can schedule a confidential appointment by calling my Santa Rosa office at 707-362-8209 or by sending me a message online.