Family Law FAQ

In cases where there is a history of abuse or domestic violence between the couple, a restraining order must be sought. This protects the abused spouse and the children (if any). A restraining order against an abusive spouse can be filed even if a petition for divorce is not yet filed.

If you have more questions regarding family law or if you want to have your case reviewed by one of our attorneys, call Anthoor Law Group at 510-794-2887. Schedule an initial consultation to explore your legal options.

An ex-spouse may be entitled to alimony if his/her financial capacity is significantly less than the other. If there is a disparity between the couple’s incomes to maintain the same standard of living they were accustomed to during the marriage, the lower-earning spouse may be entitled to spousal support.

There are many factors that determine the length and amount of spousal support or alimony. These factors are age, health and capacity of each party to be self-sufficient, basic needs and financial expenses based on the standard of living during marriage, and length of the marriage.

If your ex-spouse has missed a payment, it is best to personally reach out and remind them about it at first. But if your ex-spouse cannot be contacted or located, or is adamantly refusing to pay child support, it is best to take the appropriate legal steps.

Your ex-spouse can be charged with contempt of court if he/she continuously refuses to pay child support. The court can order his/her wages to be garnished to meet these financial obligations. In severe cases, criminal penalties can also be incurred.

Failing to pay child support has serious consequences. You may be charged with contempt of court if you consistently fail to make payments. If you are in a situation that makes it difficult to meet child support payments, you may also request modifications.

Yes, child custody orders can be modified. If your financial situation changes, or if your job requires you to travel to different places and you cannot fulfill the terms of the custody or visitation order, you may request modifications.

Custody could either be physical or legal. When a parent has physical custody over the children, this means that he/she physically lives with them at home. On the other hand, legal custody means that the parent has a right to make decisions regarding the welfare and development of the child. These include decisions regarding education and medical care.

Ideally, joint physical and legal custody is the best arrangement for divorced couples and their children. This arrangement is also known as shared parenting. In this setup, the children will split their time between each parent’s residence. Both parents must also agree on the education and medical needs of each child.

Due to many factors, joint physical and legal custody is not always attainable. In some cases, parents may have joint legal custody, or one parent might be granted (sole) physical custody or legal custody. The other parent will have visitation rights or be granted a weekend schedule with the children. Every situation is different and may have different custody arrangements to meet the needs of each family.

Yes, you might still need a lawyer. Even though your divorce is amicable and you are generally satisfied with the terms and settlement, a lawyer can help you take a second look and determine if the terms are in your best long-term interest.

Since California is a community property state, the properties acquired during the marriage are presumed to be owned by the couple equally. Therefore, upon divorce, these properties are split evenly (50-50).

However, this does not apply in all cases. For couples with a prenuptial or postnuptial agreement, the division of assets and liabilities would depend on the agreed terms.

In California, the law requires that a judge must wait at least six months before finalizing a divorce petition. This is the mandatory waiting period. However, the actual time frame varies from case to case.

Before submitting a divorce petition to the judge, the couple must first agree to the terms and settlement outlined in the divorce. If both parties agree and submit the paperwork to the judge, the divorce process could be finalized in approximately six months. But if the parties cannot agree to certain aspects, especially when it comes to property division, custody, and support, the process could take longer.

Determining the date of separation is important because it significantly affects the division of properties, assets, and liabilities. Properties acquired before the date of separation may still be considered part of the marital community property. But properties acquired after the date of separation are presumed to be separate properties.

In California, the date of separation is the day when the husband or wife expressed the desire to end the marriage and performed acts that are consistent with this desire. These acts may include not sleeping in the same room or moving out of the family home entirely.