FREQUENTLY ASKED QUESTIONS

Knowledgable counsel from Sacramento divorce attorneys

When you are facing divorce proceedings, it is important that you turn to a firm that you can trust. At O’Brien Family Law, PC, our skilled lawyers are dedicated to listening to your needs and forming a legal plan that keeps your best interests in mind. Our legal team is knowledgeable and compassionate. We know what you are facing and always want to help you find a solution.

1.How long will my divorce take?

The length of your divorce proceedings vary depending on the unique circumstances of your case. When both you and your spouse can agree on important issues, such as child custody and property division, or if you were married for less than five years, your case may only take a few months. However, if you are facing a contentious matter with a number of assets or property, the entire case may last years to be finalized.

2.Do I need a lawyer? What if my divorce is uncontested?

Even in instances where you and your spouse can agree on the terms of your divorce agreement, having a Sacramento divorce attorney on your side can help you avoid undesirable outcomes and protect you, your children, and your financial future. Alternative dispute resolution methods, such as mediation, is a great way to make your proceedings move faster with less emotional turmoil, but they may also result in unfair property division and deceit to hide assets.

3.How are high-asset divorces different from traditional divorces?

When you and your spouse have additional property, accounts, business interests, investments, and international holdings, dividing your assets is more complicated. These issues require careful consideration and may add additional weeks or months to the divorce process. Because California is a community property state, it is important that you retain the services of asset valuation professionals to help you divide your property into both separate and marital, as well as give you a good idea about what your assets are worth.

4.Can I seek child support?

In California, both parents are held responsible for any expenses relating to their children. For this reason, child support payments are determined based on a number of issues that always look at the best interests of the child or children. This includes their standard of living, the income of both parents, the custody and visitation schedule in place, and the educational, medical, and special needs of the children.

5.How is custody determined?

If you cannot come to an agreement with your spouse, the court will look at a number of factors, again based on the best interests of the child or children. The judge will seek to have both parents be as involved as possible, barring cases of abuse, violence, or negligence.

Child custody is also divided into two types, legal custody and physical custody. Legal custody determines who will make important decisions for their child, such as decisions regarding education, healthcare, religious teaching, and other important everyday issues. Physical custody, on the other hand, determines where the child or children will live.

STAY UP-TO-DATE

Enter your email and we'll keep you posted with the latest news and updates.

Use the search field to find the information you need.