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Frequently Asked Divorce Questions

Get Answers From San Diego Divorce Lawyers

Are you considering a divorce? If your relationship appears headed for an end, you may be seeking information regarding the divorce process, legal procedures, and more. Here at Cage & Miles, we receive a lot of common questions early in the divorce process. While your case is unique and the exact answers will depend on your circumstances, here are some general answers to some frequently asked questions.

How Long Does a Divorce Take in California?

The answer to this question is never straightforward because it will depend largely on how well you and your spouse can work together throughout the process. If you both make a genuine effort during negotiations, then your divorce will be faster than if you spend the entire process at each other’s throats. However, California law also mandates that a divorce cannot be finalized until six months after the initial filing date, so it will take at least six months, no matter your situation.

Do I Have to Prove Fault in Order to Divorce?

California was the first state to adopt a “no-fault” divorce law, which simply means that your family law judge can grant you a divorce simply by citing “irreconcilable differences.” While this does make a divorce obtainable by nearly any couple seeking to end their marriage, it does also mean that conduct during the marriage is usually not allowed to play a role in a judge’s decisions regarding alimony, child support, and custody.

Do I Have to Pay Alimony?

This also will largely depend on your circumstances. No two divorce cases are the same, and your judge will consider a number of factors when determining whether or not to award one spouse an alimony or spousal support payment. Generally, younger couples with a shorter marriage and where both spouses have high earning potential do not receive an alimony payment order, whereas older couples who have been married for a long time and have vastly different earning potentials may be ordered to pay alimony permanently.

Will I Have Custody or Visitation Rights to See My Children?

With the exception of cases involving physical or emotional abuse, the courts make every effort to ensure that both parents remain involved in the lives of their children. It’s actually pretty rare for one parent to be awarded sole custody, with the courts strongly preferring to award joint custody and work with parents on developing a fair parenting plan that is beneficial to their children while keeping both parents involved in their lives.

Do I Need to Hire a Divorce Lawyer?

It is not required that you obtain a San Diego divorce attorney for your case, but it is strongly advised. Divorces involve an immense amount of paperwork, negotiation, meeting deadlines, and other potentially stressful issues, and failing to accomplish even one of these tasks on time can seriously damage your case and set you up for a conclusion that will ultimately leave you extremely unhappy. An attorney can help you ensure that everything is done properly and put you on the best path to a happy future, making them well worth the investment.

If you need help with your divorce case, call Cage & Miles today at (858) 943-2060 and schedule a consultation.

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