San Francisco Divorce & Family Law Attorneys
Frequently Asked Questions
- What are the grounds for divorce in California?
California is a “no fault” state, which means couples do not need to meet any grounds to get a divorce. They can file for divorce under “irreconcilable differences” or “incurable insanity.”
- How much money will I have to pay in child support?
If a judge orders you to pay child support, the amount you pay will be determined by a standard set formula. The child support formula takes into consideration both parents’ income, as well as how many children are in need of support. The judge will also take into consideration child support that is currently being paid for children from a different relationship.
- How long do I have to pay child support for?
In California, child support is generally paid until the child reaches the age of 18. However, child support payments can be extended a few years after the child’s 18th birthday for medical or educational needs.
- How is child custody determined?
When determining child custody, the most important thing the judge will consider is what’s in the child’s best interest. Other facts the judge takes into consideration include each parent’s lifestyle, each parent’s ability to care for the child, each parent’s physical and metal health, each parent’s ability to provide for the child emotionally and financially, and in some cases the preference of the child.
- What is the difference between visitation and custody?
Child custody refers to which parent has the authority to make legal decisions on behalf of the child. The parent with child custody also is the parent the child lives with. Visitation is awarded to a parent who does not have physical custody of the child. Visitation allows a non-custodial parent to see and spend time with his/her children on certain days and at certain times.
- How is spousal support determined?
There is no set formula for determining spousal support (alimony). The judge will take into consideration a number of facts before making a ruling, such as the duration of the marriage, each spouse’s ability to earn an income, if one spouse stayed home to raise children, the couple’s standard of living while married, each spouse’s age and health, and how marital property was divided.
- Do grandparents have visitation or custody rights under the law?
Unfortunately, California law does not give grandparents an absolute right to visitation or custody of their grandchildren. However, a judge will usually grant a grandparent visitation rights if it’s in the best interest of the child. Custody is a bit trickier, but a San Francisco child custody attorney at our firm can review your case, discuss your options, and help you take the necessary legal action.
- Why should I get a prenuptial agreement?
Having a prenuptial agreement gives you control over how your assets, property, and finances will be divided in the event of divorce. Having a valid prenuptial agreement signed and filed with the court is an excellent way to protect yourself in the future and ensure your property, assets, money, benefits, etc. will be handled in a way that meets your satisfaction.
Contact a San Francisco Family Law Attorney at our firm today!