FAQ: Frequently Asked Questions

[accordions one_opened_item=”true”] [accordion title=”Q: What is the general process for divorce?”]A: The divorce process can seem complex when you do not know what to expect.  The divorce process can be summarized into 4-5 general steps:

  1. File your Petition for Dissolution or Respond to an existing Petition.
  2. Prepare Financial Disclosures detailing all Marital Assets and Debts.
  3. Obtain Court Orders for Child Custody and Child/Spousal Support.
  4. Negotiate a Marital Settlement Agreement and obtain your divorce.
  5. Court Judgment for any and all issues you cannot settle by agreement.


[accordion title=”Q: How is child support calculated in California?”]A: A parent has an absolute duty to support their children financially whether or not they have custodial time with their children.  The Court will consider the income of both parties taking into account their current tax obligations.  The Court will also determine the exact timeshare between the parents.  The Court uses a state mandated child support formula considering the above criteria when it makes its Order for Child Support.

If there is an existing Court Order it can be modified if either party has had a change in income or if there has been a change in the parental timeshare.


[accordion title=”Q: How are assets and debts divided in a divorce?”]A: Generally speaking any asset or debt that a party has acquired before marriage will be considered separate property.  Likewise, any asset or debt acquired after the parties have separated is also separate property.  An asset or debt acquired during the marriage will be considered community property with some exceptions.  Typically a party will retain any separate property or separate debt following the Dissolution.  Any community asset or debt is normally divided equally between the parties.[/accordion]

[accordion title=”Q: How is child custody determined?”]A: Each and every child custody matter is unique as each family has its own history and particular circumstances.  The Court is guided by what is in the best interest of the child when making a decision with regard to custody and visitation.  The Court can consider most any evidence in making a determination as to what is in the best interests of a child.  It can determine the custody of child and a visitation schedule for both parents to follow.  However, it is usually best for the parents to make a mutually agreed to plan in the best interest of their child.  Because children need the support of both parents to succeed, it is vital for parents to set aside differences and agree to a custody plan together.  [/accordion]

[accordion title=”Q: Can the other parent move with our child?”]A: Generally a parent must have the consent of the other parent to move with a child.  If a parent does not agree to a move than it is the moving parent’s burden to convince the Court that it would be in the child’s best interest to move.  Every case is different and the Court will consider many circumstances such as the location for the move and the reason the parent wishes to leave.  If you are considering to move away a party should weigh the decision and consult an attorney before they move.  [/accordion]