You Have Questions About Divorce. I Have Answers.
Uncertain times can bring out the worst in people, particularly when it involves the end of a marriage. At my firm, Dahann Bowers Law, I represent Escondido residents facing life-changing events that come with divorce. Here, I answer some commonly asked questions about divorce; contact me if you have additional questions or concerns.
Who gets to stay in the home while the divorce is ongoing?
Officially, the property owner or owners named on the real estate title are allowed to remain in the family dwelling. However, when minor children are in the home, the answer becomes more complex. Temporary orders by family court judges can mandate that the children stay in the dwelling with the parent considered most fit to provide them care. Spouses should know that the rule is not a final decision, particularly when it comes to custody agreements.
How is child custody decided in a divorce?
The best interests of the children are top of mind in any child custody proceeding. This is a legal doctrine that informs the court’s decision, requiring them to ensure that they put the child’s best interest before the specific interest of the parents. However, that does not stop disputes between parents over quality time with their kids. Agreements reached with the help of mediators are ideal. However, if parents cannot find common ground, the courts will have decision-making power and a judge will determine custody.
How long does it take to get a divorce in California?
Divorce in California mandates a six-month “cool-off” waiting period for the final dissolution of marriage. Couples are also required to adhere to California criteria to finalize a divorce, specifically completing all paperwork. The waiting period is the minimum duration and applies to uncontested divorces. Once the divorce process begins, your case can take anywhere from a few months or perhaps more than a year, it all depends on the facts and circumstances of your situation.
Will I get to keep my house after the divorce?
For those with children, an agreement may be reached to have one spouse remain in the home to provide a sense of continuity and security. Other dissolutions involving co-ownership usually result in an agreement to sell the house, buy out an ex-spouse, exchange the dwelling for an equally valuable asset, or continue with the status quo.
Will I have to pay for my spouse’s expenses while going through a divorce?
Spouses named on bills are often responsible for payments, including the mortgage. Household expenses can be split between the two, but it may not be an equal division depending on each person’s income level. However, the spouse who pays for all expenses, including the mortgage, while living in another dwelling could suffer financial consequences.
My spouse cheated on me. How does that impact the divorce?
Affairs usually do not have a significant impact on the divorce process. Instead, marital dissolution proceedings involve spousal support, asset division, child custody and other, more relevant factors. Exceptions exist, particularly when a recently discovered affair does any form of harm to children or when money was set aside for the infidelity.
Take Action With A Skilled Divorce Attorney
The uncertainty that comes with divorce affects spouses and their offspring. Retaining an attorney can keep legal matters on track while you deal with personal issues. For more information or to set up an initial consultation, contact me, attorney Dahann Bowers, at 951-900-4647 or email my firm here.