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Common Divorce Questions

Answers from a Ventura County Divorce Lawyer

To get the answers that you deserve regarding your Ventura County divorce and family law case, you've come to the right place. Below, we explain some of the most commonly asked questions. If you have questions that are not on this list or if you would like to discuss something in further detail, please do not hesitate to contact a Ventura County family attorney from our firm as soon as possible.

Can I get spousal support from my ex-spouse?
There is no way to answer this without knowing your case in detail. It is, however, possible. If you are looking to seek alimony, you and your attorney should file a Motion or Order to Show Cause. This can be done when the Petition and Summons is filed. Spousal support is awarded based upon the factors laid out in California Family Code §4320; the court will determine this during your hearing. For example, they will look into the earning capacity of each party, the "marketable skills" of each party, whether or not either party's future earning capacity is impaired by unemployment during the marriage, the duration of the marriage & more.

I'm trying to get full custody - is that possible?
It is the belief of California courts that children benefit from having constant and continuous contact and interaction with both of their parents. It is therefore unlikely that a court will award one parent sole physical & legal custody of a child unless there are extreme extenuating factors. In some cases-for example, those involving domestic abuse-this is not unheard of, but these cases are not considered to be the norm.

My spouse cheated on me. Will this affect the divorce?
Not likely. California is known as a "no-fault" state, meaning that an extramarital affair is not likely to cause a direct impact on the divorce process. There are, however, certain situations which may cause for the affair to become a factor. For example, if your spouse and the new partner are engaging in dangerous / risky behavior, it may be taken into consideration when determining child custody.

What is a legal separation?
In the state of California, couples are also given the option of seeking a legal separation instead of a divorce. This is very similar to a divorce except that the legal status of marriage will not actually be ended and the parties will not be free to re-marry again. There are several advantages to doing this instead of a divorce. Many people will also choose to do this for personal and/or religious reason.

When dividing assets, will I get at least half of everything?
California is a community property state meaning that any property that was acquired during the length of the marriage should be divided equally between both parties during the divorce. This, however, does not always occur as cleanly as one would like. The law provides for several exemptions and the process can be complicated - underlining the need for a knowledgeable attorney on your side during property division.

Contact a divorce attorney in Ventura County today!

Have more questions? Want to discuss your case in more detail? Don't waste a moment! Pick up the phone and contact a Ventura County divorce lawyer from Cutter & Lax today. We have more than 30 years of experience that we are ready to put to work on your behalf. If you would like to learn more about how we can help or if you are ready to schedule your initial case consultation with our firm, contact us today. We hope to hear from you soon and look forward to discussing the specifics of your family law case with you.

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