Divorce

anaheim divorce attorney

Divorce Information

Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some “do’s and don’ts” for the divorce process.

The Do’s and Don’ts of Divorce

 

THE DO’s

 

  • DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.
  • DO support your children through this process. It’s even tougher on them than on you. Don’t make them pick sides.
  • DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements. Your spouse might think you’ve made a run for the border — and if your soon-to-be-ex has to ask the police to track you down, that won’t look good during custody or visitation hearings.
  • DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.
  • DO ask your attorney if anything doesn’t make sense. Your attorney works for you, and should help you understand every part of the divorce process.

 

THE DON’Ts

 

  • DON’T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.
  • DON’T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.
  • DON’T “give away” property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
  • DON’T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.

Child Support in California – Family Code §§ 3900-4253

 

3900. Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.

 

3901. (a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. (b) Nothing in this section limits a parent’s ability to agree to provide additional support or the court’s power to inquire whether an agreement to provide additional support has been made.

 

3902. The court may direct that an allowance be made to the parent of a child for whom support may be ordered out of the child’s property for the child’s past or future support, on conditions that are proper, if the direction is for the child’s benefit.

 

Spousal Support in California – Family Code §§ 4300-4360

 

4300. Subject to this division, a person shall support the person’s spouse.

 

4301. Subject to Section 914, a person shall support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property.

 

4302. A person is not liable for support of the person’s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement.

 

4303. (a) The obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty of support. (b) If the county furnishes support to a spouse, the county has the same right as the spouse to whom the support was furnished to secure reimbursement and obtain continuing support. The right of the county to reimbursement is subject to any limitation otherwise imposed by the law of this state. (c) The court may order the obligor to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county under this section.