FAQs

The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.

Child custody decisions are made exclusively based on what the courts deem is the child's best interest. This will depend on a range of factors unique to each couple, so there is no one-size-fits-all answer. But as an example, if it's already been agreed that one spouse will get the family home, a court might deem it in the child's best interest to live with that parent simply for the stability of staying in the same house.

The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.

Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.