When filing for a divorce, many people wonder what steps are involved in the process. The first step is to file the necessary forms to start your case and to pay the appropriate court filing fees. A family lawyer will assist you with this part of the process. To read more about the steps you need to take read our article titled “Understanding the Divorce Process“.
In most cases child support orders are set based on the income, custodial time share, and living expenses of both parents. Modifications can be requested to support orders can be done whenever one of these variables changes. If a non-custodial paying parent becomes unemployed or employed in a lower paying position, or if custody arrangements change so the paying parent is now physically caring for the child for a larger percentage of time they should get a modification. However in order to eliminate a time consuming court hearing, if one parent’s income regularly is increased from the rising cost of living (military pay and/or government employees may have this) a judge in California could consider a Cost of Living Adjustment (COLA) clause in your child support order. Read more about this topic in our article titled “What is a COLA Clause?“
Research indicates that roughly 20% of California families have one or more children with special needs. In a divorce involving special needs children, there are additional issues that will be considered when determining proper child support. Read more about this in our article titled “Support for the Special Needs Child“.
Child support is often one of the most contentious issues during a divorce, but it is also unavoidable. The law requires that both parents are responsible for the care of their child whether they choose to remain married or not. When calculating child support, the state uses a formula that takes into account the income of both parents, as well as the percentage of time each parent is considered responsible for the child. To read more about this topic read our article titled “What Type of Income Counts for the Purpose of Determining Child Support?“
Child custody and visitation arrangements are a key part of any divorce involving children. One issue that parents often overlook is the necessity of a creating a holiday visitation schedule. Typically children will visit their Mom on her birthday and Mother’s Day and their Dad on his birthday and Father’s Day. What is typically done during other holidays? Read more about this subject in our article titled “Creating a Holiday Visitation Schedule“.
After a divorce, a family court may require the primary wage earner to obtain a life insurance policy listing his/her former spouse and any children from the marriage as beneficiaries. A life insurance policy provides peace of mind to those who are dependent upon the wage earner’s income for basic living expenses. Read our blog article on this topic titled “The role of Life Insurance in a San Jose Divorce“.
Child custody and visitation arrangements are a key part of any divorce when children are involved. One issue that parents often forget to discuss is the necessity of a holiday visitation schedule. Read our blog article on this topic titled “Creating a Holiday Visitation Schedule“.
In a divorce inheritances are generally considered separate property under California’s community property laws. This means that they will not be divided as part of a divorce settlement. There are however, a few exceptions to this rule. Read our latest blog titled “Protecting an Inheritance Under California’s Divorce Law” to see how this law applies.
A divorce in San Jose or anywhere in California can take months, if not years, to settle. A family court will issue temporary orders is to make sure you have a way to attend to critical family business while the terms of your final divorce settlement are still being sorted out. To learn more about this process read our blog titled “Temporary Orders in Divorce“.
If you are seeking a Santa Clara County divorce, you are generally not legally obligated to move out of the marital home until the divorce is finalized or your spouse has obtained a restraining order that compels you to find other living accommodations. However, many people choose to move out before the divorce is finalized to avoid the tension created by living under the same roof as their soon-to-be ex spouse.
Read our blog titled “What Can I Take with Me If I Move Out Before the Divorce Is Finalized?” that discusses the things you can and can’t take with your before your divorce is finalized.