As Bay Area divorce lawyers with experience of over 25 years combined, we know how scary and overwhelming it can be to think about ending your marriage. Perhaps you are contemplating filing for divorce. Or maybe you already have and need legal counsel. Either way, there is a lot to consider. It is never an easy decision, but if your marriage is irreconcilably broken, you may need Bay Area divorce lawyers to guide you through the process with as little stress as possible. Bay Area divorce lawyers like us see the dark side of marriage quite often, and we can help ease your stress by helping you through this trying time in your life. The following is important information about divorce proceedings that we have accumulated over the years. You might have already wondered about the answers to some of these frequently asked questions, so continue below.
Frequently asked questions for Bay Area divorce lawyers
We get questions like these every day. The answers might ease your mind, but if you do not see what you are looking for here, please get in touch with us- Bay Area divorce lawyers directly using the form linked at the bottom of this article.
Q: Divorce or legal separation, what is the difference?
A: When a couple is legally separated, their assets and debts are legally divided, child custody and visitation orders are made, and support orders are issued, but at the end of the day when Judgment is entered, the couple is still married; in other words, they are not restored to the status of single people On the other hand, in divorce assets and debts are divided, child custody and visitation orders are made, and support orders are issues, but when the Judgment is entered there is a complete dissolution of the marriage and the parties are restored to the status of single people.
Q: What must be settled in a divorce?
A: There are five areas, generally, that need to be resolved in a divorce; 1) Child Custody, 2) Child Support, 3) Division of Debt, 4) Division of Property, and 5) Spousal support.
Q: Do I need a reason to file for divorce?
A: A California divorce requires only that either or both parties inform the court that you and your spouse are irrevocably incompatible, and reconciliation is not possible.
Q: How long does a divorce procedure take?
A: The fastest any divorce can be finalized in California is 6 months and 1 day from the date the Respondent is served with the divorce petition, however, most divorces are not completed that fast. An uncontested divorce can take between 6 and 12 months, while a contested divorce can take between 2 to 3 years. This does not include the time it takes for the Courts to process the final judgment.
Q: Can we file the paperwork ourselves?
A: It’s possible to file the paperwork without an attorney, but is it wise to do? We believe handling the paperwork is only smart in cases without children, divisible assets, or debts. It is always recommended that an attorney review the documents to be sure your rights and obligations are covered.
Q: One of the spouses cheated, does that matter?
A: No. California is a no-fault state, and courts are not concerned with infidelity.
Q: If my name is on the deed or mortgage of the house, can I change the locks?
A: The courts acknowledge that divorcing couples might find it difficult to live together. Without a court order, you may not lock your spouse out of the family home no matter who is listed as the owner. A request for Orders must be filed to obtain permission to change the locks.
Q: Do we have to sell our home?
A: First, you must figure out if the home is separate property or community property. If it is community property, and each party agrees for the other spouse to buy out their one-half interest, the spouse that intends to retain the home must pay the other party half of its value. If it is separate property, there still might be a community interest if the community paid down the principal balance on the mortgage during the marriage. If the home has no equity or is in debt, one spouse may keep it without paying the other spouse, but they will still need to remove the other spouse’s name from the mortgage. Essentially, it depends on your specific case details.
Q: What is community property?
A: A married couple’s assets are community property if the assets were earned or acquired during the marriage unless they were acquired by gift, bequest, or device. For instance, a house, a vehicle, a 401(K), or a pension may be community property if obtained while married regardless of whose name it is titled under.
Q: Is inheritance considered community property?
A: No, but while it’s true that inheritance is separate property, couples frequently and sometimes inadvertently transmute or change a separate property asset into community property by adding the spouse’s name to the title or comingling with community money.
Q: What do we do with our debts?
A: Debts and assets are treated equally, and they are split equally if they were earned or accrued by the community during the marriage. You can have separate debts (if not incurred for the benefit of the community) just as you can have separate assets.
Q: Do I need to share my employee 401(k)?
A: All contributions to your 401(k) made during the marriage (including employer match) as well as any gains or losses from the date of marriage to the date of your separation are community property and your spouse is entitled to half.
Q: When divorced, who pays credit card and student loan debts?
A: Generally, the court will not hold the other spouse responsible for separate debt accumulated after the date of separation. After marriage, a couple’s accumulated debt is considered community debt, and the court will order both parties to pay it equally. Student loans are generally charged to the student who incurred them.
Q: How much alimony will I pay or receive?
A: There are two types of “alimony” also known as “spousal support”. Temporary spousal support is the amount that is paid while the divorce or legal separation is pending and moving its way through the system. To determine “temporary” spousal support a computer program is used and if you provide us with the accurate financial information that is needed, we can run those numbers for you. The second type is “long-term” also known as “permanent” spousal support which is paid once your judgment has been entered by the court. The computer program is no longer used and instead the factors set forth in CA Family Code 4320 must be weighed, such as the duration of the marriage, the standard of living during the marriage, the marketable skills of the supported party, the job market, the age, and health of the parties, as well as the financial resources of each party, among other things.
Q: What are the other factors involved in determining spousal support?
A: Spousal support is case-specific depending on the unique circumstances of each marriage. There is a common misconception that spousal support will be payable for life when the marriage is 10 years or more, which the law considers to be a marriage of a long duration. This is not necessarily true. The specific circumstances and facts of the marriage determine the amount and duration of support, whether it be a marriage of long-duration or not.
Q: How long will I receive spousal support?
A: In general, if your marriage is less than 10 years it is not considered a marriage of long duration, and spousal support is typically payable for half the length of the marriage. If yours is a marriage of a long duration, unless another agreement is reached, the only order the court can make at the time of your dissolution is “until the death of either party, the supported spouse’s remarriage, or further order of the court.” This means the court retains jurisdiction to increase or reduce spousal support in the future.
Whipple Mercado & Associates, LLP Can Help
No one ever said breaking up with a spouse was easy. It can be very difficult to decide when to end a marriage, so having Bay Area divorce lawyers on your side makes all the difference. Please do not hesitate to reach out to Whipple Mercado & Associates with any questions you might have. You can contact us using our form here or call 925-344-5050 x3 for a free 30-minute consultation. We look forward to helping you.