Spousal support in Dana Point will not automatically be ordered. In cases where spouses have different incomes or have been married for a long period of time, it’s more likely that the court will deem it necessary. If your income is similar to your spouse’s and your marriage was short-term, a court will be less likely to order spousal support.
A Dana Point spousal support lawyer can help you understand the factors that determine spousal support payment amounts and assist you in working toward an optimal payment arrangement.
Q: Where and How Do I File for a Divorce in Dana Point?
The location and timeline of a divorce can vary based on the factors of your individual case. If you are the individual who is filing for divorce, you will need to have been a resident in the county where you wish to file for divorce for at least three months.
Additionally, you will need to have lived in California for a minimum of six months. Then, you will submit the paperwork for filing the divorce with your local county courts. A copy of these papers must be served to the other spouse so that they have adequate time to respond.
If you have not lived in the state or county for the minimum time period requirements, then it is possible to file for legal separation instead. After you have established the minimum residency, then you can amend the legal separation to a divorce. A Dana Point divorce lawyer can walk you through the process of filing for divorce or separation with the local court system.
Q: Does It Matter Who the California Divorce Petitioner Is?
A: It typically does not matter who files for divorce first in a California divorce case. The individual who files first is known formally as the Petitioner. There is no advantage for filing first, as the court will not show preference for either spouse. If you are unsure about whether or not you should file first for your divorce, an experienced family lawyer can assist you with your case and give you legal advice to support your decision.
Q: Do I Need to Split Everything in My California Divorce 50-50?
A: California is a community property state, which means that all property and assets that were accumulated during the marriage, such as the family home and joint bank accounts, must be split fairly and equitably in half. However, all property that is considered to be separate property, or assets that are owned by one individual outside of the marriage, are not subject to division in a California divorce.
Q: How Much Does a CA Divorce Lawyer Cost?
A: In the state of California, divorce lawyers typically charge an hourly rate. This rate can range anywhere from a couple of hundred dollars to thousands of dollars per hour, depending on the location of the firm, the amount of time that the lawyer has been practicing, and whether they have certain certifications. Other factors that can influence the cost of the divorce include the complexity of the divorce case, including whether the divorce involves high assets.
Q: Can I Get Rid of All of My Money Prior to a Divorce in California?
A: In California, it is against the law to hide any assets or attempt to spend them all prior to a divorce. During the discovery process in the divorce, both parties must demonstrate all of the separate and joint property they own in order to determine how property division will be carried out and how much spousal support or child support will need to be paid.
It is illegal to tamper with these assets in any way that could affect the discovery process, and doing so could potentially penalize you during the divorce.
Q: How Do I Prove Fault During a California Divorce?
A: California is a no-fault divorce state, which means that you do not have to prove that one spouse was at fault for the dissolution of the marriage. Additionally, you can file for a California divorce even if both parties are not in agreement. Only certain requirements must be fulfilled, such as establishing residency in California and a certain county for a minimum period of time and living apart for a specified time period.
The divorce process can be emotionally difficult and financially taxing as well. A family lawyer who has years of experience with Dana Point divorce cases can help you work toward your desired divorce outcomes while minimizing potential emotional or financial consequences.
Our legal team can support you with legal advice and strategy, bureaucratic and administrative tasks, and the emotional support you need to adapt to your new family arrangement. Reach out today to get started.