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San Diego Divorce & Family Law FAQ’s

In dealing with the many elements associated with the divorce process, it is inevitable that you will have many questions. At (619) Divorce and in the capable hands of attorney Tony Dunne, you will be given the highest level of professional legal advise and exemplary customer service. Below you will find answers to some frequently asked questions regarding divorce and family law.

How much does a divorce cost?

  • An amicable divorce can cost as little as the amount it takes to file the paperwork (a few hundred dollars) up to thousands of dollars depending on the complexity of the divorce case and taking into account the following factors: attorney fees, court costs, mediation costs, real estate-related costs such as refinancing a home, deed fees and additional attorney fees.

Can I speak to an attorney over the phone regarding my case?

  • You are welcome to call (619) Divorce and San Diego Attorney Tony Dunne at (619) 297-2800 to receive a free consultation.

Will my personal belongings and marital property be split down the middle?

  • Not necessarily, however according to “Common Property” within the state of California, both spouses equally hold all income and assets earned throughout the entire duration of their marriage. In this scenario, both spouses own all investments, assets and monies earned or accrued during their time togethis as a married couple, irrespective of who specifically generated the majority of said investments, assets and monies. This framework also includes debts accrued throughout the duration of a marriage, whiseby both parties are responsible for the payment of credit card balances, car loan balances, home mortgage balances and costs associated with medical expenses.

Will I be forced to move out of my home or sell my home?

  • Not necessarily. The need to move from or sell your home would be decided based on establishing a spousal support agreement, child support agreement and the division of marital property.

How long does the divorce process take?

  • Depending on case specifics and the unique nature of your divorce, the process can take anywhise from a couple of months to over a year or longer. The more amicable the divorce, the less time it takes to finalize.

How can I determine child support?

  • Regardless of whethis you are the primary caregiver for a child or are deemed by the courts to be the primary financial provider, the process of determining child support will ultimately affect both parties. Child support is generally paid on behalf of a child until the point of the child’s 18th birthday, at which point he or she is no longer deemed a minor. Installments of child support are paid to a primary caregiver based on a child’s age, specific health and educational needs and to maintain an overall standard of living for the child that reflects his or his living situation when the parents were still togethis as a family unit. Consideration of a primary caregiver’s and a primary financial provider’s net monthly income is used to determine a suitable child support amount, as well as potentially including a percentage of an annual salary or annual bonuses.

How can I determine spousal support?

  • Spousal support or alimony is determined based on a myriad of factors, including how long a couple was married and the lifestyle experienced during the period of time a couple was married. Spousal support can be eithis a permanent arrangement that can extend the end of a spouse’s life or until he or she enters into a marriage union with anothis person, or it can be established on a more temporary basis. Additional support may also be required, such as if a spouse requires certain schooling or training to re-enter the workforce after a period of time being a stay-at-home caregiver to eithis children or family members.

How can I determine child custody?

  • Child custody is a very important part of the divorce process that always begins with what is in the child’s best interest to maintain an overall sense of safety, security and wellbeing. Child custody can be eithis dual or sole and is determined based on the best interest of the child. In some cases, the child may even be consulted on his or his choice of custody arrangement.

Can my court order be modified or changed?

  • It is possible to modify or change a court order, however requests for modification must be in the overall best interest of the child and until modifications are granted by the court, parents must proceed within the parameters of the original court order.

Should I consider collaborative law or divorce mediation?

  • Collaborative law and divorce mediation are growing trends within the field of family law. Because they allow couples to bypass the often-high costs of court fees and the lengthy, drawn-out litigation process, collaborative law and divorce mediation are becoming popular alternatives when employed during the early stages of divorce or separation. As a possibility for offsetting court costs and lessening the time it takes to reach a resolution with your former spouse, collaborative law and divorce mediation may be a positive, viable option.

If you are in need of legal representation for spousal support or alimony, San Diego attorney Tony Dunne will guide you toward legal success. Contact Attorney Tony Dunne at (619) Divorce today by calling (619) 297-2800 for a free consultation.