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Divorce Can Be A Complex Topic — We Can Help
You may be apprehensive about asking for legal help. Our attorneys at Feinberg & Waller, APC understand your concerns. Here are some frequently asked questions on divorce issues. If you would like to discuss your family’s situation, our attorneys will explain how the process works in your context.
Should I File For Divorce Before My Spouse?
As a rule, unless there is a threat of harm, there is no legal advantage to filing first since in California, you do not have to show fault for a divorce. If you both live in the same county, there may not be a practical advantage. If can be an advantage, however, if your spouse lives halfway across the state.
How Is Property Divided In A Divorce?
California is a “community property” state. This means all the property accumulated during the marriage is usually split 50/50, as well as all of the debt. However, there is nothing simple about determining what that means and sometimes, some property is not evenly divided.
How Long Will My Divorce Take?
In California, the minimum time for a divorce proceeding is six months. This is only likely to happen with very straightforward divorces, where there are no children and few assets. For your divorce, the length of time is dependent on the complexity of your marital estate, your children, how cooperative your spouse will be, among other factors.
Will My Divorce Go To Trial?
This is very much an “it depends” question. Most civil litigation, including divorces, do not go to trial. Trials are expensive, time-consuming and stressful. Sometimes, they may be necessary. If your spouse is unwilling to compromise and cooperate with resolving disputes within your divorce, you may need a judge to resolve these conflicts.
More Divorce Questions?
Our experienced lawyers can help answer all your questions about these subjects and any other topics related to divorce. Call our office at 818-224-7900 or use our online form to make an appointment to speak with our attorneys.