Frequently Asked Questions
Going through a divorce or any other family law matter can be difficult. The process can impact you and your entire family. During our years of experience, we have noticed that many of our clients have the same kinds of concerns and questions. It is always important to speak directly with a Stockton family law attorney about your case.
However, we understand that you may need quick answers to some questions. We have compiled a list of basic answers to some of our most frequently asked questions. We hope you find this information useful as you move forward with your family law case. If you have a question that is not answered below or need a more detailed answer, our legal team at the Srai Law Office is waiting to help you.
Frequently Asked Questions About Restraining Orders
What Do I Need To Do In Order to Qualify for Dissolution in California?
Generally, you must be a resident of the state of California for the past 6 months and be a resident of the county in which you are planning to file for divorce for 3 months. These requirements may differ depending on the specific facts of your case. As such, you it is in your best interest to consult with an experienced divorce attorney in Stockton.
What Is the Difference Between Dissolution and a Legal Separation Under California Law?
A divorce and legal separation are filed using the same paperwork (petition and summons). At the end of a divorce, the marital status of the parties ends. However, in a legal separation the marital status does not end.
Property division and child custody orders are made in a legal separation. One of the reasons to file for a legal separation is because it allows one spouse to remain on the other’s health insurance. Furthermore, legal separation does not require any residency requirements. Lastly, if a party files for legal separation and the responding spouse files for divorce, the case will proceed as a divorce.
What Is An Annulment?
A party can seek an annulment on the grounds that the marriage was void or voidable. Under California Family Code Section 2210, a marriage is voidable if any of the following factors are met:
- One party had an unsound mind at the time of the marriage
- One party was already married
- Consent was obtained by either party by fraud or force
- One party was physically incapacitated at the time of the marriage
How Long Will It Take For Me To Get Divorced?
In California, a divorce generally takes at least 6 months to become final.
Does the Court Automatically Have Jurisdiction Over Children During a Divorce Proceeding?
Jurisdiction over the children depends on whether California is the home state. Home state is the state where the children have lived for the last 6 months. However, if a child is abandoned or subject to or threatened with abuse or mistreatment, the court may establish temporary emergency jurisdiction.
What If There Are No Court Orders and I Want To Get The Children From the Other Parent?
If there are no existing court orders and there are no children welfare concerns, law enforcement will not retrieve the children without a court order.
How Is Child Custody Determined?
California courts determine child custody based on the best interests of the child’s standard of living before the divorce. Generally, the court prefers frequent and continuous contact with both parents. This includes a stable environment that ensures adequate care and guidance.
How Is Child Support Determined?
California law provides courts with guidelines in determining child support. These guidelines are based on the net disposable income from each parent and the amount of time each child spends with each parent (time share). In determining net income, the formula considers all income sources and also allows deductions for certain items.
How Is Alimony (Spousal Support) Determined?
In a divorce proceeding, there are generally two different types of spousal support–temporary support and permanent support. Temporary support can be awarded to a party based on statutory guidelines to maintain the status quo of martial living conditions until the end of the divorce. However, no such guideline exists for permanent spousal support. California law requires courts to consider fourteen different factors specified in the California Family Code.
How Long Will Spousal Support Last?
Generally, in a short term marriage (less than 10 years), support will last half the length of marriage. On the other hand, in long term marriages (10+ years), court will retain jurisdiction on support indefinitely unless terminated by a written agreement.
Can I speak to an attorney over the phone and ask specific questions about my case?
Yes. You can call us at (209) 323-5558 to speak with Attorney Gurjit Srai. He will answer your phone questions.
Contact an Experienced Stockton Restraining Order Attorney
If you are going through a divorce or experiencing any other family law issue, it is best to hire the Stockton family law attorneys at the Srai Law Office. We have the experience and compassion to help you with all of your family law legal issues.
For more information or to schedule a complimentary consultation with one of our Stockton family law attorneys, please call us at (209) 323-5558, or complete our online form.