Your Most Pressing Family Law Questions
Many people in the East Bay and Tri Valley areas find themselves in family law cases for the first time. Here at CC LawGroup, A Professional Corporation, our lawyers are happy to help you make sure you understand all of your legal rights. We are the experienced law firm you need on your side. Below are a few questions and answers to help you get started.
How Long Will A Divorce Take?
Every case is different. It could take a few months, while some cases do take years. To a large degree, it depends on whether any aspects of the divorce are contested. The more agreement between both parties, the faster it goes.
What Is Equitable Division?
Equitable division in California does not mean that the division will be equal. Your assets and debts will instead be divided “fairly.” This does not mean that 50 percent goes to each spouse in all cases, if the court feels that an unequal distribution is actually fair.
What Are The Child’s Best Interests?
Courts always focus on the child’s best interests. They consider things like the parents’ roles within the home, the child’s school, the living situation, the parents’ criminal convictions, the child’s age and much more. Essentially, no matter what the parents want, the court tries to rule in a way that puts the child first.
How Is Child Support Determined?
Child support is determined with the following formula: CS = K (HN – (H%) (TN)). CS is the total support paid. K is the parents’ combined income for support purposes. HN is the high earner’s disposable income. H% is the physical custody percentage of the high earner. TN is both parents’ disposable income. When you come into our Newark office, we can walk you through this child support formula and help you determine what your child support terms should be.
Is Joint Custody 50/50?
Not always. While joint physical custody may be split equally between parents, the court again considers the child’s best interests. That may mean that one parent gets more or less time with the children.