Calabasas Divorce Attorney FAQ
If you have questions regarding divorce, family law, or legal concerns, you should consult with a Calabasas divorce attorney so you can fully understand all the options in your specific case. Below we’ve outlined some of the most frequently asked questions when it comes to family law, child custody, and divorce in the California court system.
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Am I required to hire an attorney in order to file a divorce?
No it is not required by law. However, we strongly suggest that you hire a divorce attorney and here’s why: Divorce law or family law can be difficult to understand and a divorce attorney can help you understand all of your options and ensure your rights are defended. We highly recommend hiring a local divorce attorney to ensure that the entire process goes smoothly and nothing is overlooked. If child custody is involved, or this is a high net worth divorce, we highly recommend that you give our Calabasas divorce attorney a call.
How can I ensure that I will take custody of my children?
Various judges and courts will be looking for specific details to make sure that you are the right parent to have custody of the child. The child’s best interests are always considered first. If you maintain a full-time job, show stability in your household and can prove that you are a responsible parent, you may be granted custody over the child. Child custody can be primary or split. If you are not granted child custody, you may be required to pay child support to your former spouse.
How frequently will I get to see my children?
Child custody is the primary factor in how frequently you will be allowed to visit your children. If you are granted primary custody, you will be allowed to see them almost every day. If you find yourself in a joint custody situation, you may only be allowed to see them a few times a week, sometimes on weekends or even just holidays, depending upon the case.
Will I need to pay child support?
Yes you will be required to pay child support until the child is considered an adult (i.e. the child has turned 18 years old). Even if you move out of state, you must maintain your legal duty as a parent even if your child visitation rights have been taken away or the other parent has violated the rights. From a legal standpoint, the court does not need to modify child support if one parent violates visitation rights, but you may consider filing for a modification.
I want to move out of state or far away, what happens to my divorce?
A unique situation can occur when you want to move out of state or far away from where you have joint custody or are paying alimony to your former spouse. If you are not the designated primary caregiver, you will still have to pay child support to your former spouse. Modifications can be made to the court ruling, but you should definitely consult with a divorce attorney to assist with these legal matters. If you are considering moving away and have any of these issues, contact your local attorney.
Will I be required to pay alimony (spousal support)?
Spousal support or alimony requirements depend on a several factors. Alimony is paid to a former spouse when the former spouse is accustomed to living a certain way while in the marriage. If you make a significantly more amount of money than your former spouse, and their sole purpose was to stay home and maintain the family household, you may have to pay alimony to them. Alimony is a sensitive issue that can feel burdensome. Even though the marriage has legally ended, you may still be required to provide financial aid to your former spouse.