Frequently Asked Questions
Call Today for Answers to Your Questions - 805.416.0212
If you're in the midst of a
divorce or another family law matter, then you may have a number of questions
about your case. Below are some answers to questions that our clients
commonly ask when coming to us for help. Take a minute to review them
and assess if the questions apply to your situation.
Some commonly asked questions we hear include:
Want more information? Call our Westlake Village attorney!
If you have further questions, then you are always welcome to schedule
a consultation with Debra J. Kay Attorney at Law. As a family certified
law specialist with
nearly 30 years of experience, she has successfully handled numerous cases of great complexity. With
her help, you can be on your way to a better future.
We provide the following resources for your convenience:
Call our office or submit an online form to discuss your situation with
certified family law specialist.
What are the grounds for divorce in California?
California is a "no-fault" divorce state. In our state, there
are specific reasons that allow for the dissolution of marriage. Our Westlake
Village lawyers can help determine if you qualify.
The courts allow dissolution of marriage for following two reasons:
-
Irreconcilable differences: This simply means that you and your spouse couldn't make the marriage
work and nobody is held responsible. Even if one spouse had an affair,
they are not held responsible for the divorce and there is no "punishment"
such as withholding assets.
-
Incurable insanity: Incurable insanity means that your spouse is medically proven to be insane.
Dissolution on the grounds of insanity is rarely used because it is very
rare and difficult to prove. In addition, it doesn't bring much benefit
as the filing spouse is not necessarily free of paying support and dividing
the property fairly.
To file in California, you or your spouse must have lived in California
for six months and in your county for at least three months. If you have
more questions about the grounds for divorce in California, do not hesitate
to speak with our certified specialist by calling Debra J. Kay Attorney
at Law today.
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Joint custody is an arrangement in which both parents have rights over
their minor children. Parents may have either joint legal custody or joint
physical custody, or both. Our team of Westlake Village can provide the
guidance you need regarding your custody case.
The term joint custody may be interpreted in the following ways:
-
Joint Legal Custody: The right and responsibility to make decisions for the child, including
welfare, education, and health (Family Code Section 3003)
-
Joint Physical Custody: The right of a parent to spend time with their child (Family Code Section 3004)
Preferably, both parents can agree on the custody arrangement; however,
if they do not, then the court decides based on the best interests of
the child. The court may first attempt to award joint custody, as it has
been shown that children do best with interaction with both parents. If
one parent is incompetent or negligent, on the other hand, then the court
may award sole custody to the responsible parent, while giving only visitation
rights to the irresponsible parent.
For more information about joint custody or other custody-related issues,
do not hesitate to contact our office at Debra J. Kay Attorney at Law
and speak with an experienced Westlake Village attorney today!
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Which parent is responsible for child support?
According to CA Family Code 3900, parents have an equal responsibility
to support the needs of their child. If one parent is paying for a larger
portion of the child's expenses due to custody arrangements, then
the non-custodial parent may be ordered to pay support. Our lawyers in
Westlake Village can provide the guidance you need regarding your child
support case.
Child support may be calculated using two main factors:
- Parent's Income
- The Time Each Child Spends with Each Parent
The courts may also take child care expenses, house payments, other living
costs, and tax filing status into account. If one parent is not working
and not making an effort to find work, then the court can order them to
actively look for work or get job placement. The court may also order
the parent to obtain job training or enter a work program.
Visit the
California Department of Child Support Services for further information or contact our office to speak with a Westlake
Village attorney about your situation.
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Does my child get to choose which parent to live with?
If your child is over 16 years old, then the court is likely to take their
preference into account as long as there are no major issues with the
parent of choice. For children younger than 16 years old, however, preference
may be considered, but may unlikely be the primary factor in the court's
decision. If you are concerned about your custody rights, speak with our
Westlake Village lawyers today!
The court decides based on the following factors:
- Courts assume that younger children's desires are unfixed and may change
as they mature.
- Choosing a parent to live with can be traumatic for a child that is forced
to choose which parent they love or prefer more.
- The courts are likely to be suspicious of any parent that is trying to
get their child to make such a statement, as this is not a peaceable action.
Parents should avoid trying to manipulate their child into stating which
parent they would rather live with. If the other parent is negligent or
unequipped to parent, you and your lawyer can speak about how to prove
this to the court. To discuss your situation with our certified specialist,
please contact our office by phone or email today!
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