FAQ
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Prenuptial & Postnuptial
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How Does a Postnuptial Agreement Differ from A Prenuptial Agreement?While both prenuptial and postnuptial agreements serve similar purposes in defining financial arrangements between spouses, a prenuptial agreement is executed before marriage, whereas a postnuptial agreement is established after the couple is already married.
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Can a Postnuptial Agreement Be Modified or Revoked?Yes, a postnuptial agreement can be modified or revoked. Any modifications or revocations must be made in writing and signed by both parties.
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How Do Postnuptial Agreements Impact Community Property?In California, which is a community property state, assets and debts acquired during the marriage are typically divided equally upon divorce. A postnuptial agreement can override this default rule by specifying how particular assets and debts should be handled, thus providing more tailored financial arrangements.
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Is It Necessary to Hire a Lawyer to Create a Postnuptial Agreement?While it is possible to draft a postnuptial agreement without legal assistance, it is highly recommended to hire an experienced family law attorney. An attorney helps ensure that the agreement complies with state laws, is fair, and protects both parties' interests, significantly reducing the risk of future disputes or challenges in court.
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Family Law
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I Just Got Served with Divorce Papers. What Are My Next Steps?In California, you have 30 days to respond after you’ve been served divorce papers from your spouse. Your main two options are to contest the terms (ie. respond by countering your spouse with your own terms) or to leave it uncontested which means you agree to the terms laid out by your spouse. If you do not respond within this time period, you could be risking your legal protections and inadvertently consenting to terms you don’t agree with.
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How Long Does Divorce Take in California?
Getting a divorce takes at least 6 months. There are four major parts of the process, and they are the same for couples who are married and for those getting a legal separation. Your specific timeline will depend on factors specific to your case.
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What Are the Grounds for Divorce in California?You are not required to have “grounds” for a divorce in California (ie. a reason for the divorce) other than stating you have irreconcilable differences with your spouse or that one spouse has been permanently incapacitated and is no longer able to make decisions on their own.
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Will I Be Awarded Alimony? How Much Can I Get?Alimony is never automatically awarded to either spouse unless it was written into pre- or post-nuptial agreements that the couple legally agreed to. However, a judge may decide to award alimony to be paid from one spouse to another. This is usually done when there’s a significant income difference between the two partners and one partner won’t be able to make enough money on their own. It’s worth noting that this is almost always temporary and only meant to help the lower-earning spouse find a new job or obtain education or training that will help them earn more.
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When Is Mediation a Good Option?If you’re on relatively good speaking terms with your spouse and are in agreement about some (but not all) factors in your divorce, you may benefit from mediation. However, a mediator will not make decisions for you, as their main role is to facilitate productive conversations between the couple to help them come to a joint decision. Furthermore, both spouses must agree to mediation.
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Who Gets to Keep the Home During a Divorce?California is what’s known as a community property state which means that in general, all marital property (assets that were acquired after the marriage took place by either spouse), should be split roughly 50/50. However, this is not a hard and fast rule. You should work with your attorney to help determine what assets may rightly belong to you even if they may be considered “marital” under the eyes of the law.
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Do I Need an Attorney for My Divorce?
There’s no rule saying you need a lawyer to get a divorce but the vast majority of people find that meeting with a divorce attorney, even in a limited capacity, brings them peace of mind and helps them achieve their goals through this process.
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How Is Property Divided in A Divorce?
California follows community property laws, meaning that assets and debts acquired during the marriage are generally divided equally (50/50) between both spouses.
However, separate property (assets owned prior to marriage or inherited assets) isn't subject to division. An experienced attorney can help distinguish between community and separate property to secure a fair division.
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What Factors Are Considered in Child Custody Decisions?In California, child custody decisions are based on the child's best interests. Factors such as the child’s age, health, emotional ties to each parent, and the parents’ ability to co-parent are all considered. The court aims to maintain a stable environment for the child while encouraging strong relationships with both parents, if possible.
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How Is Spousal Support Determined?
Spousal support (or alimony) isn't automatically granted in a divorce. The court evaluates various factors, such as the length of the marriage, the standard of living during the marriage, each spouse’s financial situation, and the ability of the supporting spouse to pay.
In high-net-worth divorces, these factors are often more complicated and may require careful negotiation.
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Can I Modify a Child Custody or Support Agreement?
Yes. Child custody and support orders are not set in stone, and sometimes an arrangement that previously worked when your child was a toddler may not be applicable when he or she is about to enter their teenage years.
If you and your co-parent are on the same page about the modification, you may be able to get this done outside of court. But you still need approval from a judge. Reach out today for a free consultation and tailored guidance.
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