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Frequently Asked Divorce Questions

Get Answers From Lawyers

Are you considering a divorce?

If your relationship appears headed for an end, you may be seeking information regarding the divorce process, legal procedures, and more. Here at Cage & Miles, we receive a lot of common questions early in the divorce process. While your case is unique and the exact answers will depend on your circumstances, below are some general answers to some frequently asked questions.

 

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FAQ

  • Q: How long does a divorce in California take? 

  • A: The answer to this question is never straightforward because it will depend largely on how well you and your spouse can work together throughout the process. If you both make a genuine effort during negotiations, then your divorce will be faster than if you spend the entire process at each other’s throats. However, California law also mandates that a divorce cannot be finalized until six months after the initial filing date, so it will take at least six months, no matter your situation.

FAQ

  • Q: Will I Have Custody or Visitation Rights to See My Children? 

  • A: With the exception of cases involving physical or emotional abuse, the courts make every effort to ensure that both parents remain involved in the lives of their children. It’s actually pretty rare for one parent to be awarded sole custody, with the courts strongly preferring to award joint custody and work with parents on developing a fair parenting plan that is beneficial to their children while keeping both parents involved in their lives.

FAQ

  • Q: Do I Have to Prove Fault in Order to Divorce? 

  • A: California was the first state to adopt a “no-fault” divorce law, which simply means that your family law judge can grant you a divorce simply by citing “irreconcilable differences.” While this does make a divorce obtainable by nearly any couple seeking to end their marriage, it does also mean that conduct during the marriage is usually not allowed to play a role in a judge’s decisions regarding spousal supportchild support, and custody.

FAQ

  • Q: Do I Need to Hire a Lawyer? 

  • A: It is not required that you obtain an attorney for your case, but it is strongly advised. Divorces involve an immense amount of paperwork, negotiation, meeting deadlines, and other potentially stressful issues, and failing to accomplish even one of these tasks on time can seriously damage your case and set you up for a conclusion that will ultimately leave you extremely unhappy. An attorney can help you ensure that everything is done properly and put you on the best path to a happy future, making them well worth the investment.

FAQ

  • Q: Do I Have to Pay Alimony?

  • A: This also will largely depend on your circumstances. No two divorce cases are the same, and your judge will consider a number of factors when determining whether or not to award one spouse a spousal support payment. Generally, younger couples with a shorter marriage and where both spouses have high earning potential do not receive an alimony payment order, whereas older couples who have been married for a long time and have vastly different earning potentials may be ordered to pay alimony permanently.

Divorce: The Process

The importance of your choice in legal representation cannot be understated. At Cage & Miles, we understand that even the most uncontested and amicable divorces can quickly turn into one that requires a high level of litigation and negotiations. We have represented professionals, executives, high profile personnel, and other families with significant wealth in divorce matters. Our team has a sophisticated understanding of California's divorce laws and the discretion required to handle high-asset divorce cases involving sensitive financial and personal information. With us on your side, you can trust that we are prepared to handle even the toughest legal aspects of your divorce.

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Testimonials

"They have explained everything every step of the way and made me feel comfortable asking even the most seemingly ridiculous questions and happily answered them, giving me peace of mind and a clear understanding of the laws."

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Former clients share their experience

"They have made a very terrible situation bearable to go though and have repeatedly decreased my anxiety and fear by being readily available and giving me clear and concise answers that put me at ease."

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Former clients share their experience

"Not only do they have the legal knowledge necessary to navigate complicated divorce settlements and custody cases, they understand the nuances of the Family Court system. I felt prepared every step of the way."

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Former clients share their experience

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