Frequently Asked Questions

Common Questions in Family Law in Los Angeles

Do I have to go to court to get a divorce?

Going through a court of law is the only way you will be able to obtain a legal separation from your spouse, whether through divorce decree, nullity, dissolution, or similar form of marriage termination. Aside from the dissolution of the marriage itself, a court also has the ability to settle other issues related to the divorce, including child custody and visitation, child support, and asset division.

How long will it take to get a divorce?

When a divorce petition and related documents have been served to the other party, you will only be required to wait 60 days for your separation to finalized, as long as you and your spouse are in full agreement over the terms of the divorce. If you have a disagreement on one or more terms, then that issue will need to be addressed by a court. The majority of divorce trials do not take very long, but the time spent securing the trial, and a judge, can vary substantially depending on the judge's case load and the complexity of your dispute. Whether your divorce case goes to trial or not, it is to your benefit to retain the help of a Los Angeles divorce attorney who can provide you with legal support and representation.

How does the court calculate child support?

Child support is generally calculated by reviewing both parents' income, their expenses, and the specific needs of the child. Other factors that are taken into consideration include:

• The paying parent's ability to make payments on a regular basis
• The custodial parent's income and specific needs
• The child's standard of living before the separation/divorce

How does the court decide child custody?

In all cases, child custody is decided based upon the "best interests of the child." This includes taking into account the following factors:

• The gender of the child
• The age of the child
• The physical and mental health of the child
• The parents' relative lifestyles
• The parents' ability to provide for the basic needs of the child
• The emotional bond between the parents and the child

If you have questions regarding divorce, or another family law related matter, contact a Los Angeles divorce lawyer who can provide you with in-depth information.