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Family Law FAQ

Family Law FAQ

Family Law FAQ

Miranda, Magden & Miranda

Addressing Your Questions and Concerns about Family Law Matters

Family law is a complex area of law, and these cases can impact some of the most important aspects of your life. If you are facing a family law issue, you likely have many questions. The following are some frequently asked questions our family law attorneys hear. To discuss a specific set of circumstances, contact the law firm of Miranda, Magden & Miranda directly.

Discuss Your Situation with a California Family Law Attorney

At the office of Miranda, Magden & Miranda, we take family law matters very seriously, and we pride ourselves on answering your questions and providing the family law guidance and assistance you need. Contact us to discuss your situation and possible case with a qualified California family lawyer today.

 

Family Law Frequently Asked Questions

What are the requirements for a divorce in California?

Each state has its own requirements to get a divorce, and some requirements in California include:

  • At least one spouse lived in California for six months and in the specific county for three months
  • One spouse must file a petition that cites irreconcilable differences as the grounds for the divorce
  • You must resolve (or have the court resolve) issues including property division, spousal support, child custody, and child support
  • You must wait at least six months before your divorce is finalized
How do courts in California divide property?

Dividing property, assets, and debts is a critical part of the divorce process in California. California is a community property state, which means all community property acquired during the marriage will need to be divided as evenly as possible. This can include the family home, business interests, bank and investment accounts, personal property, credit accounts, and more. Each spouse should be able to keep their own separate property.

Can I obtain full custody of my children?

If you have children and are no longer with the other parent, the court will want to issue a custody order. This determines how parents will share physical custody and legal custody, which refers to the time you spend with your child and your ability to make important decisions for your child. Many parents wonder whether it is possible to get sole custody of their child, though this can be challenging in California. Our state has a presumption that joint custody is in the best interests of the child in most cases. Often, you can only obtain sole custody if the other parent poses the risk of harm to the child, has abandoned the child, and in similar circumstances.

When should I call a family law attorney?

Family law cases can arise in many ways, but most of them can have significant consequences in your life. No matter what type of case you are facing, you should always learn how a family law attorney in California can assist you. Our firm regularly helps with:

Any matter that can affect your relationship with your children, your marriage and your finances should be handled with care.

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Call Us Today

If you have any family-related concerns, our experienced Family Law attorneys at Miranda, Magden & Miranda may be able to help. We serve clients across Monterey, Santa Cruz, San Benito, Santa Clara, and Alameda counties. Call our office to learn how we can help.

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